Bill Text: MN SF1119 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Public nuisance definition expansion
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-04-07 - Referred to Judiciary and Public Safety [SF1119 Detail]
Download: Minnesota-2011-SF1119-Introduced.html
1.2relating to public nuisances; specifying certain acts as a nuisance;amending
1.3Minnesota Statutes 2010, section 617.81, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 617.81, subdivision 2, is amended to read:
1.6 Subd. 2. Acts constituting a nuisance. (a) For purposes of sections617.80 to
1.7617.87
, a public nuisance exists (1) upon proof of one or more separate behavioral
1.8incidents described in item (i), (v), (viii), or (ix), or (2) upon proof of two or more separate
1.9behavioral incidents described in item (ii), (iii), (iv), (vi), (vii),or (x), (xi), (xii), (xiii), or
1.10(xiv) committed within the previous 12 months within the building:
1.11(i) prostitution or prostitution-related activity committed within the building;
1.12(ii) gambling or gambling-related activity committed within the building;
1.13(iii) maintaining a public nuisance in violation of section609.74 , clause (1) or (3);
1.14(iv) permitting a public nuisance in violation of section609.745 ;
1.15(v) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or
1.16use of controlled substances committed within the building;
1.17(vi) unlicensed sales of alcoholic beverages committed within the building in
1.18violation of section340A.401 ;
1.19(vii) unlawful sales or gifts of alcoholic beverages by an unlicensed person
1.20committed within the building in violation of section340A.503, subdivision 2 , clause (1);
1.21(viii) unlawful sales or gifts of alcoholic beverages committed within the building
1.22in violation of section340A.401 or
340A.503, subdivision 2 , clause (1), if multiple
1.23violations occur during the same behavioral incident when the building is not occupied by
1.24the owner or a tenant, lessee, or occupant;
2.1(ix) unlawful use or possession of a dangerous weapon as defined in section609.02,
2.2subdivision 6 , committed within the building; or
2.3(x) violation by a commercial enterprise of local or state business licensing
2.4regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as
2.5defined in section609.74 or the control of a public nuisance as defined in section
609.745
;
2.6(xi) assault in violation of section 609.221, 609.222, 609.223, 609.2231, or 609.224;
2.7(xii) damage to property in violation of section 609.595;
2.8(xiii) obstructing legal process, arrest, or firefighting in violation of section 609.50; or
2.9(xiv) disorderly conduct in violation of section 609.72.
2.10(b) If the building contains more than one rental unit, two or more behavioral
2.11incidents must consist of conduct:
2.12(1) anywhere in the building by the same tenant, lessee, occupant, or persons acting
2.13in conjunction with or under the control of the same tenant, lessee, or occupant;
2.14(2) by any persons within the same rental unit while occupied by the same tenant,
2.15lessee, or occupant, or within two or more rental units while occupied by the same tenant,
2.16lessee, or occupant; or
2.17(3) by the owner of the building or persons acting in conjunction with or under
2.18the control of the owner.
2.19(c) Proof of a nuisance exists if each of the elements of the conduct constituting the
2.20nuisance is established by clear and convincing evidence.
2.21EFFECTIVE DATE.This section is effective June 1, 2011, and applies to
2.22behavioral incidents occurring on or after that date.
1.3Minnesota Statutes 2010, section 617.81, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 617.81, subdivision 2, is amended to read:
1.6 Subd. 2. Acts constituting a nuisance. (a) For purposes of sections
1.8incidents described in item (i), (v), (viii), or (ix), or (2) upon proof of two or more separate
1.9behavioral incidents described in item (ii), (iii), (iv), (vi), (vii),
1.10(xiv) committed within the previous 12 months within the building:
1.11(i) prostitution or prostitution-related activity committed within the building;
1.12(ii) gambling or gambling-related activity committed within the building;
1.13(iii) maintaining a public nuisance in violation of section
1.14(iv) permitting a public nuisance in violation of section
1.15(v) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or
1.16use of controlled substances committed within the building;
1.17(vi) unlicensed sales of alcoholic beverages committed within the building in
1.18violation of section
1.19(vii) unlawful sales or gifts of alcoholic beverages by an unlicensed person
1.20committed within the building in violation of section
1.21(viii) unlawful sales or gifts of alcoholic beverages committed within the building
1.22in violation of section
1.23violations occur during the same behavioral incident when the building is not occupied by
1.24the owner or a tenant, lessee, or occupant;
2.1(ix) unlawful use or possession of a dangerous weapon as defined in section
2.2subdivision 6
2.3(x) violation by a commercial enterprise of local or state business licensing
2.4regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as
2.5defined in section
2.7(xii) damage to property in violation of section 609.595;
2.8(xiii) obstructing legal process, arrest, or firefighting in violation of section 609.50; or
2.9(xiv) disorderly conduct in violation of section 609.72.
2.10(b) If the building contains more than one rental unit, two or more behavioral
2.11incidents must consist of conduct:
2.12(1) anywhere in the building by the same tenant, lessee, occupant, or persons acting
2.13in conjunction with or under the control of the same tenant, lessee, or occupant;
2.14(2) by any persons within the same rental unit while occupied by the same tenant,
2.15lessee, or occupant, or within two or more rental units while occupied by the same tenant,
2.16lessee, or occupant; or
2.17(3) by the owner of the building or persons acting in conjunction with or under
2.18the control of the owner.
2.19(c) Proof of a nuisance exists if each of the elements of the conduct constituting the
2.20nuisance is established by clear and convincing evidence.
2.21EFFECTIVE DATE.This section is effective June 1, 2011, and applies to
2.22behavioral incidents occurring on or after that date.
