U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Use of Nuisance Abatement Procedures

NCJ Number
169703
Journal
Telemasp Bulletin Volume: 2 Issue: 6 Dated: (September 1995) Pages: complete issue
Author(s)
J Barbe
Date Published
1995
Length
7 pages
Annotation
This bulletin examines the enforcement of the Texas nuisance abatement statute by Texas law enforcement agencies.
Abstract
Section 125 of the Texas Civil Practice and Remedies Code provides the framework for the abatement of common and public nuisances. This section defines both nuisances and the penalties that can be levied against a person who maintains a common or public nuisance. A "common" nuisance is defined as a place where people continually go to engage in criminal activities such as gambling, prostitution, organized criminal activity, or to deliver a controlled substance. A "public" nuisance is defined as a place that is habitually used for criminal activities such as prostitution, manufacture of obscene materials, gambling, or deviant sexual intercourse. By covering a variety of activities, the common and public nuisance statutes allow municipalities to combat unwanted behaviors. This analysis of nuisance abatement practices among Texas agencies is based on the responses of 24 Texas agencies that reported the use of nuisance abatement procedures. The survey focused on the year the abatement unit was begun, the goals of using abatement procedures, activities targeted by abatement procedures, legal statutes used for abatement procedures, and assistance from other city departments. Other information is provided on location targeting, community responses to the use of abatement procedures, and future plans for nuisance abatement units/use of procedures. For the most part, the agencies that have used nuisance abatement procedures view them as effective tools to fight unwanted behavior. They target a variety of troublesome behaviors and are generally supported by citizens. The work of the Dallas S.A.F.E. Team is profiled. 4 figures and 12 references