language to be deleted (2) new language
stricken= old language to be removed underscored = new language to be added CHAPTER 322-H.F.No. 2509 An act relating to public nuisance; clarifying definition of acts constituting a nuisance; amending Minnesota Statutes 1995 Supplement, section 617.81, subdivision 2. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1995 Supplement, 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 , or if the building contains more than one rental unit: (1) within a single rental unit; or (2) within two or more rental units leased or controlled by the same person: (1) prostitution or prostitution-related activity committed within the building; (2) gambling or gambling-related activity committed within the building; (3) keeping or permitting a disorderly house within the building; (4) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled substances committed within the building; (5) unlicensed sales of alcoholic beverages committed within the building in violation of section 340A.401; (6) 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); or (7) unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a, 609.67, or 624.713, committed within the building. (b) If the building contains more than one rental unit, two or more behavioral incidents must consist of conduct: (1) by the same tenant or lessee, or persons acting in conjunction with or under the control of the same tenant or lessee; (2) 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 (3) by the owner of the building or persons acting in conjunction with or under the control of the owner. (c) Proof of a nuisance exists if each of the elements of the conduct constituting the nuisance is established by clear and convincing evidence. Sec. 2. [EFFECTIVE DATE.] Section 1 is effective June 1, 1996. Presented to the governor March 14, 1996 Signed by the governor March 15, 1996, 10:55 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes