HF 2509

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public nuisance; clarifying definition of 
  1.3             acts constituting a nuisance; amending Minnesota 
  1.4             Statutes 1995 Supplement, section 617.81, subdivision 
  1.5             2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.8   617.81, subdivision 2, is amended to read: 
  1.9      Subd. 2.  [ACTS CONSTITUTING A NUISANCE.] (a) For purposes 
  1.10  of sections 617.80 to 617.87, a public nuisance exists upon 
  1.11  proof of two or more separate behavioral incidents of one or 
  1.12  more of the following, committed within the previous 12 months 
  1.13  within the building, or if the building contains more than one 
  1.14  rental unit:  (1) within a single rental unit; or (2) within two 
  1.15  or more rental units leased or controlled by the same person:  
  1.16     (1) prostitution or prostitution-related activity committed 
  1.17  within the building; 
  1.18     (2) gambling or gambling-related activity committed within 
  1.19  the building; 
  1.20     (3) keeping or permitting a disorderly house within the 
  1.21  building; 
  1.22     (4) unlawful sale, possession, storage, delivery, giving, 
  1.23  manufacture, cultivation, or use of controlled substances 
  1.24  committed within the building; 
  1.25     (5) unlicensed sales of alcoholic beverages committed 
  2.1   within the building in violation of section 340A.401; 
  2.2      (6) unlawful sales or gifts of alcoholic beverages by an 
  2.3   unlicensed person committed within the building in violation of 
  2.4   section 340A.503, subdivision 2, clause (1); or 
  2.5      (7) unlawful use or possession of a firearm in violation of 
  2.6   section 609.66, subdivision 1a, 609.67, or 624.713, committed 
  2.7   within the building. 
  2.8      (b) If the building contains more than one rental unit, two 
  2.9   or more behavioral incidents must consist of conduct: 
  2.10     (1) by the same tenant or lessee, or persons acting in 
  2.11  conjunction with or under the control of the same tenant or 
  2.12  lessee; 
  2.13     (2) within the same rental unit while occupied by the same 
  2.14  tenant or lessee or within two or more rental units while 
  2.15  occupied by the same tenant or lessee; or 
  2.16     (3) by the owner of the building or persons acting in 
  2.17  conjunction with or under the control of the owner. 
  2.18     (c) Proof of a nuisance exists if each of the elements of 
  2.19  the conduct constituting the nuisance is established by clear 
  2.20  and convincing evidence. 
  2.21     Sec. 2.  [EFFECTIVE DATE.] 
  2.22     Section 1 is effective June 1, 1996.