SF 1889

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; modifying nuisance law provisions; amending
Minnesota Statutes 2006, section 617.81, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 617.81, subdivision 2, is amended to read:

Subd. 2.

Acts constituting a nuisance.

(a) For purposes of sections 617.80 to
617.87, a public nuisance exists upon proof of two or more separate behavioral incidents
of one or more of the following, committed within the previous 12 months within the
building new text begin , or one incident if the building contains a commercial or residential tenant or
lessee of part or all of the building new text end :

(1) prostitution or prostitution-related activity committed within the building;

(2) gambling or gambling-related activity committed within the building;

(3) maintaining a public nuisance in violation of section 609.74, clause (1) or (3);

(4) permitting a public nuisance in violation of section 609.745;

(5) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or
use of controlled substances committed within the building;

(6) unlicensed sales of alcoholic beverages committed within the building in
violation of section 340A.401;

(7) unlawful sales or gifts of alcoholic beverages by an unlicensed person committed
within the building in violation of section 340A.503, subdivision 2, clause (1);

(8) unlawful use or possession of a firearm in violation of section 609.66, subdivision
1a, 609.67, or 624.713, committed within the building; deleted text begin or deleted text end

(9) violation by a commercial enterprise of local or state business licensing
regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance
as defined in section 609.74 or the control of a public nuisance as defined in section
609.745 new text begin ; or
new text end

new text begin (10) commission of a crime under chapter 609 in which use of a dangerous weapon
is an element of the offense or grounds for imposition of a minimum sentence under
section 609.11 new text end .

(b) deleted text begin If the building contains more than one rental unit, two or more behavioral
incidents must consist of conduct:
deleted text end

deleted text begin (1) anywhere in the building by the same tenant or lessee, or persons acting in
conjunction with or under the control of the same tenant or lessee;
deleted text end

deleted text begin (2) by any persons within the same rental unit while occupied by the same tenant or
lessee or within two or more rental units while occupied by the same tenant or lessee; or
deleted text end

deleted text begin (3) by the owner of the building or persons acting in conjunction with or under
the control of the owner.
deleted text end

deleted text begin (c) deleted text end Proof of a nuisance exists if each of the elements of the conduct constituting the
nuisance is established by clear and convincing evidence.