Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 122-S.F.No. 536 
                  An act relating to public nuisances; adding to the 
                  definition of nuisance and the list of acts 
                  constituting a public nuisance; amending Minnesota 
                  Statutes 1996, sections 617.81, subdivision 2; and 
                  617.88. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, 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:  
           (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; or 
           (8) 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. 
           (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.  Minnesota Statutes 1996, section 617.88, is 
        amended to read: 
           617.88 [DEFINITION.] 
           (a) The terms used in section 617.89 have the meanings 
        given in this section. 
           (b) "Nuisance" means: 
           (1) an act of prostitution that would violate sections 
        609.321 to 609.324; 
           (2) unlawful sale or possession of controlled substances; 
        or 
           (3) unlawful use or possession of a firearm in violation of 
        section 609.66, subdivision 1a; 609.67; or 624.713; or 
           (4) 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. 
           (c) "Neighborhood organization" means a nonprofit 
        corporation incorporated under chapter 317A that satisfies 
        clauses (1) and (2). 
           The corporation shall: 
           (1) designate in its articles of incorporation or bylaws a 
        specific geographic community to which its activities are 
        limited; and 
           (2) be formed for the purposes of promoting community 
        safety, crime prevention, and housing quality in a 
        nondiscriminatory manner. 
           Sec. 3.  [EFFECTIVE DATE.] 
           A single violation described by the amendment added by 
        sections 1 and 2, that occurs after July 31, 1997, is effective 
        to count as one of two behavioral incidents required to 
        constitute a public nuisance whether or not the other required 
        behavioral incident occurred after July 31, 1997.  Otherwise, 
        sections 1 and 2 are effective for behavioral incidents 
        occurring after July 31, 1997. 
           Presented to the governor May 7, 1997 
           Signed by the governor May 8, 1997, 11:38 a.m.