Legal Issues in the Exercise of Power by Local Administrative In Addressing Public Nuisance and Disturbance According to the Public Health Act B.E. 2535 (1992)

Abstract

This research aims to study the meaning of “nuisance” under the Public Health Act B.E. 2535 (1992), to examine the problems related to the management of nuisances by local administrative organizations, and to propose solutions for addressing the issues concerning nuisance management by local administrative organizations.

The research findings revealed the following issues in the management of nuisances: problems concerning the enactment of local ordinances, which vary across different local administrative organizations; problems in the enforcement of laws related to nuisance management by local administrative organizations; and problems in follow-up after a local administrative organization has issued an order for an individual to take corrective action regarding a nuisance.

The researcher therefore proposes the following recommendations based on the findings: there should be a review of the enactment of local ordinances to ensure consistency across different local administrative organizations. The Ministry of Interior should issue a circular and provide standard templates for relevant ordinances. These processes should be carried out with transparency and integrity, with the aim of maximizing benefits for the public and the common good. In addition, there should be a follow-up process after an order has been issued; if the order is not complied with, legal enforcement must be carried out, which may include both civil and criminal penalties for those responsible for causing the nuisance.