SF 536

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public nuisances; adding to the definition 
  1.3             of nuisance and the list of acts constituting a public 
  1.4             nuisance; amending Minnesota Statutes 1996, sections 
  1.5             617.81, subdivision 2; and 617.88. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 617.81, 
  1.8   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:  
  1.14     (1) prostitution or prostitution-related activity committed 
  1.15  within the building; 
  1.16     (2) gambling or gambling-related activity committed within 
  1.17  the building; 
  1.18     (3) keeping or permitting a disorderly house within the 
  1.19  building; 
  1.20     (4) unlawful sale, possession, storage, delivery, giving, 
  1.21  manufacture, cultivation, or use of controlled substances 
  1.22  committed within the building; 
  1.23     (5) unlicensed sales of alcoholic beverages committed 
  1.24  within the building in violation of section 340A.401; 
  1.25     (6) unlawful sales or gifts of alcoholic beverages by an 
  2.1   unlicensed person committed within the building in violation of 
  2.2   section 340A.503, subdivision 2, clause (1); or 
  2.3      (7) unlawful use or possession of a firearm in violation of 
  2.4   section 609.66, subdivision 1a, 609.67, or 624.713, committed 
  2.5   within the building; or 
  2.6      (8) violation by a commercial enterprise of local or state 
  2.7   business licensing regulations, ordinances, or statutes 
  2.8   prohibiting the maintenance of a public nuisance as defined in 
  2.9   section 609.74 or the control of a public nuisance as defined in 
  2.10  section 609.745. 
  2.11     (b) If the building contains more than one rental unit, two 
  2.12  or more behavioral incidents must consist of conduct: 
  2.13     (1) by the same tenant or lessee, or persons acting in 
  2.14  conjunction with or under the control of the same tenant or 
  2.15  lessee; 
  2.16     (2) within the same rental unit while occupied by the same 
  2.17  tenant or lessee or within two or more rental units while 
  2.18  occupied by the same tenant or lessee; or 
  2.19     (3) by the owner of the building or persons acting in 
  2.20  conjunction with or under the control of the owner. 
  2.21     (c) Proof of a nuisance exists if each of the elements of 
  2.22  the conduct constituting the nuisance is established by clear 
  2.23  and convincing evidence. 
  2.24     Sec. 2.  Minnesota Statutes 1996, section 617.88, is 
  2.25  amended to read: 
  2.26     617.88 [DEFINITION.] 
  2.27     (a) The terms used in section 617.89 have the meanings 
  2.28  given in this section. 
  2.29     (b) "Nuisance" means: 
  2.30     (1) an act of prostitution that would violate sections 
  2.31  609.321 to 609.324; 
  2.32     (2) unlawful sale or possession of controlled substances; 
  2.33  or 
  2.34     (3) unlawful use or possession of a firearm in violation of 
  2.35  section 609.66, subdivision 1a; 609.67; or 624.713; or 
  2.36     (4) violation by a commercial enterprise of local or state 
  3.1   business licensing regulations, ordinances, or statutes 
  3.2   prohibiting the maintenance of a public nuisance as defined in 
  3.3   section 609.74 or the control of a public nuisance as defined in 
  3.4   section 609.745. 
  3.5      (c) "Neighborhood organization" means a nonprofit 
  3.6   corporation incorporated under chapter 317A that satisfies 
  3.7   clauses (1) and (2). 
  3.8      The corporation shall: 
  3.9      (1) designate in its articles of incorporation or bylaws a 
  3.10  specific geographic community to which its activities are 
  3.11  limited; and 
  3.12     (2) be formed for the purposes of promoting community 
  3.13  safety, crime prevention, and housing quality in a 
  3.14  nondiscriminatory manner. 
  3.15     Sec. 3.  [EFFECTIVE DATE.] 
  3.16     A single violation described by the amendment added by 
  3.17  sections 1 and 2, that occurs after July 31, 1997, is effective 
  3.18  to count as one of two behavioral incidents required to 
  3.19  constitute a public nuisance whether or not the other required 
  3.20  behavioral incident occurred after July 31, 1997.  Otherwise, 
  3.21  sections 1 and 2 are effective for behavioral incidents 
  3.22  occurring after July 31, 1997.