Bill Text: MI HB5789 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Civil procedure; civil actions; property on which animal fighting is conducted; declare to be a nuisance. Amends sec. 3801 of 1961 PA 236 (MCL 600.3801).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-13 - Assigned Pa 352'12 With Immediate Effect [HB5789 Detail]
Download: Michigan-2011-HB5789-Chaptered.html
Act No. 352
Public Acts of 2012
Approved by the Governor
December 12, 2012
Filed with the Secretary of State
December 13, 2012
EFFECTIVE DATE: December 13, 2012
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Rep. LaFontaine
ENROLLED HOUSE BILL No. 5789
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 3801 (MCL 600.3801), as amended by 1988 PA 2.
The People of the State of Michigan enact:
Sec. 3801. (1) A building, vehicle, boat, aircraft, or place is a nuisance if 1 or more of the following apply:
(a) It is used for the purpose of lewdness, assignation, prostitution, or gambling.
(b) It is used by, or kept for the use of, prostitutes or other disorderly persons.
(c) It is used for the unlawful manufacture, transporting, sale, keeping for sale, bartering, or furnishing of a controlled substance.
(d) It is used for the unlawful manufacture, transporting, sale, keeping for sale, bartering, or furnishing of vinous, malt, brewed, fermented, spirituous, or intoxicating liquors or mixed liquors or beverages, any part of which is intoxicating.
(e) It is used for conduct prohibited by section 49 of the Michigan penal code, 1931 PA 328, MCL 750.49.
(2) All furniture, fixtures, and contents of a building, vehicle, boat, aircraft, or place described in subsection (1) and all intoxicating liquors in the building, vehicle, boat, aircraft, or place are also declared a nuisance.
(3) All controlled substances and nuisances shall be enjoined and abated as provided in this act and the court rules.
(4) A person, or a servant, agent, or employee of the person, who owns, leases, conducts, or maintains a building, vehicle, or place described in subsection (1) is guilty of a nuisance.
(5) As used in this section, “controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
