California Penal Code §372 — Public Nuisance (§§ 372 & 373a)
PC §372 makes it a misdemeanor for any person to maintain or commit any public nuisance — as defined by PC §370 (an act that unlawfully obstructs the free use of property, annoys a considerable number of persons, or damages the health or morals of the community). PC §373a further makes it a separate misdemeanor for each day a public nuisance continues after the offender has been notified to abate it. Exposure is up to 6 months county jail and a $1,000 fine PER DAY of continued nuisance under §373a. Environmental, land-use, and residential-blight cases are the most common §372/§373a filings, and civil-nuisance abatement proceedings frequently parallel criminal prosecution.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Public Nuisance (§§ 372 & 373a) Cases in All LA County Courts
01 — Quick Facts
PC §372 — Public Nuisance (§§ 372 & 373a) at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §372 — Public Nuisance (§§ 372 & 373a) |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to 6 months county jail + $1,000 fine (each day of continued nuisance is a separate offense under §373a) |
| Category | Public Order |
| Probation | Case-specific — see penalties section |
| Strike | See penalties table |
| Expungeable | See defense analysis |
| Immigration | Consult immigration counsel — case-specific |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §372?
What Is California Penal Code §372?
PC §372 Reads:
"Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor. (§372) — Every person who maintains, permits, or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another who maintains, permits or allows a public nuisance to exist thereon, after reasonable notice in writing from a peace officer to remove, discontinue or abate the same has been served upon such person, is guilty of a misdemeanor, and shall be punished accordingly. (§373a)"
— California Penal Code §§ 372 & 373a
PC §370 defines public nuisance broadly: anything injurious to health, indecent or offensive to the senses, or an obstruction to free use of property, so as to interfere with comfortable enjoyment of life or property by an entire community or neighborhood, or by a considerable number of persons. §372 punishes maintaining or committing that nuisance. §373a creates a separate misdemeanor for each day the nuisance continues after written notice to abate — meaning charging exposure can multiply daily. Common fact patterns include chronic blight, illegal dumping, unpermitted construction, hazardous property, and abandoned-property attractive nuisances.
Why This Law Matters
§372/§373a are the workhorse statutes for LA City Attorney and County Counsel prosecution of chronic-blight, environmental, and land-use violations. The daily-multiplication feature of §373a creates severe cumulative exposure. Civil nuisance-abatement proceedings under Civ. Code §3491 frequently parallel criminal filings — coordinated defense is essential. Rubin Law defends by challenging the §370 definition, the notice sufficiency, and the reasonableness of the abatement period.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §372
The People must prove each element beyond a reasonable doubt.
Nuisance Meets PC §370 Definition
Injurious to health, indecent, offensive, obstructive to free use, affecting a community or considerable number of persons.
Defendant Maintained, Committed, or Failed to Abate
Active maintenance, commission, or willful omission of a legal duty to abate.
Written Notice to Abate (§373a Only)
Peace officer must have served a written notice specifying the nuisance and a reasonable abatement period.
Nuisance Continued After Reasonable Period (§373a Only)
Each day of continued nuisance after the abatement period is a separate offense.
04 — Penalties
Penalties for PC §372 Public Nuisance (§§ 372 & 373a) in California
Penalty structure and enhancements for this offense.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §372 Base Nuisance | PC §372 | Up to 6 months county jail + $1,000 fine | Summary — up to 3 years | No |
| §373a Continued After Notice | PC §373a | Up to 6 months + $1,000 PER DAY of continued nuisance | Summary — up to 3 years | No |
| Civil Abatement Companion | Civ. Code §3491 | Injunctive relief + costs | N/A | N/A |
Related Enhancements & Charges
Companion H&S §17920.3 Substandard Housing
H&S §17920.3
Cross-charged in habitability cases.
Companion Building & Safety Code Violations
H&S Various
LA County / City Building & Safety criminal referrals.
Companion PC §594 Vandalism
PC §594
Cross-charged where nuisance involves damage.
Civil Fines Under Muni. Code
LAMC / LACC
Administrative civil penalties frequently parallel criminal §372.
Beyond the Sentence
- Daily multiplication of exposure under §373a — cumulative fines can reach tens of thousands
- Civil nuisance-abatement orders and receivership under Civ. Code §3491
- Property-lien recording under Civ. Code §3496
- Loss of Section 8 / HUD subsidy eligibility
- Landlord-side ABC / rental-license consequences
- Coordinated LA City Attorney prosecution frequently includes health-code and building-code counts
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §372 Public Nuisance (§§ 372 & 373a) Charges
Rubin Law, P.C. defends this offense through the following strategies.
Not a Public Nuisance (§370 Definition)
Private disputes, single-complainant conditions, and de minimis violations fall outside §370's community-scale requirement. Rubin Law audits complainant identity and geographic scope.
PC §370 Definition
Notice Defects (§373a)
§373a requires proper written notice from a peace officer specifying the nuisance and a reasonable abatement period. Service errors, ambiguity, and unreasonable periods defeat §373a filings.
§373a Notice Element
No Knowledge, Capacity, or Control
Absentee owners, tenants without repair authority, and non-record owners lack the maintenance element. Ownership and lease-review analysis is central.
Maintenance Element
Partial Compliance / Permitting Delays
Weather delays, permit-approval delays, contractor unavailability, and partial abatement all defeat the willful-continuation element under §373a.
Willfulness Element
Judicial Diversion (§1001.95)
§372 qualifies for §1001.95 judicial diversion — successful abatement and program completion results in dismissal.
Coordinated Civil Abatement
Where a parallel Civ. Code §3491 abatement exists, coordinated global resolution — abatement plus criminal dismissal — is often achievable.
Civ. Code §3491
Constitutional Sources
07 — Court Process
How PC §372 Public Nuisance (§§ 372 & 373a) Cases Move Through Los Angeles Courts
Typical case flow through the LA County courts.
- 1
Step 1 — Complaint / Inspection
§372/§373a cases usually originate from LA City / County Building & Safety, LA County Public Health, or neighbor complaints. Do not admit ownership or control to inspectors without counsel.
- 2
Step 2 — §373a Notice Service
Peace officer serves written abatement notice — start the clock on the abatement period.
- 3
Step 3 — Filing / Arraignment
Misdemeanor filed by LA City Attorney or LA County District Attorney. §1001.95 diversion eligibility discussed.
- 4
Step 4 — Discovery
Inspection reports, photographs, code-enforcement history, notice-of-violation records, and complainant statements.
- 5
Step 5 — Motion Practice
§1001.95 diversion motions, notice-sufficiency challenges, §995 dismissal, and Civ. Code §3491 coordination motions.
- 6
Step 6 — Trial, Diversion, or Abatement
Most §372 cases resolve through abatement and diversion. Trial defense focuses on §370 scope, notice, and willfulness.
Los Angeles Courts That Handle PC §372 Public Nuisance (§§ 372 & 373a) Cases
Filings are venued in the courthouse serving the incident location.
Clara Shortridge Foltz Criminal Justice Center
Central LA — LA City Attorney nuisance-abatement calendar.
Van Nuys Courthouse East
SFV nuisance-abatement filings.
Long Beach Courthouse
Long Beach / South Bay filings.
Airport Courthouse
West LA / Culver City filings.
Pomona Courthouse South
Eastern LA County filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Public Nuisance (§§ 372 & 373a) Defense Attorney
Daniel S. Rubin has defended clients charged with public nuisance (§§ 372 & 373a) and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §372 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Public Nuisance (§§ 372 & 373a) Cases Throughout LA County
See our full Public Nuisance (§§ 372 & 373a) defense practice
09 — FAQs
PC §372 Public Nuisance (§§ 372 & 373a) Questions — Los Angeles
What is PC §372?
PC §372 makes it a misdemeanor to maintain, commit, or willfully fail to abate a public nuisance as defined by PC §370. Exposure is up to 6 months county jail and a $1,000 fine.
What is PC §373a?
PC §373a creates a separate misdemeanor for each day a public nuisance continues after written notice to abate has been served. Cumulative daily fines can multiply severely — Rubin Law defends by challenging notice sufficiency and abatement reasonableness.
What qualifies as a public nuisance?
PC §370 defines public nuisance as anything injurious to health, indecent, offensive to the senses, or obstructive to free use of property, so as to interfere with an entire community or neighborhood or a considerable number of persons. Private disputes are excluded.
Can §372 fines multiply daily?
Under §373a, yes. Each day the nuisance continues after notice is a separate misdemeanor with independent up-to-$1,000 fine exposure. Cumulative fines can reach tens of thousands in chronic cases.
Is §372 eligible for diversion?
Yes. §372 is a non-violent misdemeanor eligible for §1001.95 judicial diversion — successful abatement and program completion results in dismissal.
Does §372 apply to tenants or only owners?
Both. §373a specifically reaches both the person 'occupying or leasing' and the owner. Tenants without repair authority, however, have a strong defense on the maintenance/control element.
How does §372 relate to civil abatement?
Civil nuisance abatement under Civ. Code §3491 frequently parallels criminal §372 filings. Rubin Law coordinates defense across both venues — global resolution through abatement plus criminal dismissal is often achievable.
Available 24/7 — Free Consultation
Charged with PC §372 / §373a Public Nuisance? Call Rubin Law.
§373a daily multiplication can create tens of thousands in cumulative exposure. Rubin Law, P.C. defends by challenging the §370 definition, notice sufficiency, and coordinating civil abatement for global resolution. Call (213) 723-2337.