§ 14.585  DISORDERLY BEHAVIOR AND NUISANCE CONDITIONS AT LICENSED RENTAL HOUSING.
   (a)   It is the ’s responsibility to ensure the , the ’s members and the guests of any or ’s member do not engage in disorderly behavior or create nuisance conditions in the . For the purposes of this section, RENTAL HOUSING includes the unit the , member or guest occupy and the common areas in and outside of the building where the is located.
   (b)   For the purposes of this section, disorderly behavior and nuisance conditions may include, but are not limited to, the following:
      (1)   Drug-related illegal activity in the rental . DRUG-RELATED ILLEGAL ACTIVITY means the illegal possession or constructive possession, manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell or distribute a controlled substance as defined in the Controlled Substance Act (21 U.S.C. § 802), or possession of drug paraphernalia per M.S. § 152.092, as it may be amended from time to time;
      (2)   Acts of violence or threats of violence including, but not limited to, discharge of firearms, prostitution, intimidation or any other act that otherwise jeopardizes the health, safety or welfare of the , manager, , other , members, guests or neighboring property .
      (3)   Violation of M.S. § 609.72 (Disorderly conduct), as it may be amended from time to time;
      (4)   Violation of M.S. §§ 609.66, subd.1a, 609.67 or 624.713 (Unlawful use or possession of a firearm or weapon), as they may be amended from time to time;
      (5)   Violation of M.S. § 609.50 (Obstructing legal process), as it may be amended from time to time;
      (6)   Violation of M.S. § 609.74 and 609.745 (Public nuisance), as they may be amended from time to time;
      (7)   Violation of M.S. § 145A.02, subd. 17 (Public health nuisance), as it may be amended from time to time;
      (8)   Violation of § 10.30 of this city code (Nuisance noise);
      (9)   Violation of  § 12.03 of this city code (Public nuisances: subsections (5) storage of dangerous substances; (18) clandestine lab; (19) improper sewage disposal; (22) animal carcasses; to include, but not limited to (23), (24), (25) and (26) for grossly unsanitary dwellings; and (27) infestations of vermin);
      (10)   Violation of §§ 12.11.06 and 12.11.07 of this city code (Unlawful gatherings and disorderly house);
      (11)   Violation of § 12.35 of this city code (Firearms and weapons); and
      (12)   Violation of § 12.89.01 of this city code (Social host).
   (c)   For the purposes of verifying instances of disorderly conduct in violation of this section, the following are exceptions:
      (1)   An “emergency call,” within the definition of M.S. § 609.78, subd. 3, as it may be amended from time to time, will not be considered an instance of disorderly behavior for purposes of determining whether a license will be denied, suspended, non-renewed or revoked where the victim and suspect are “ or household members” as defined in the Domestic Abuse Act, M.S. § 518B 01, subd. 2(b), as it may be amended from time to time, and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, M.S. § 518B 01, subd. 2(a), as it may be amended from time to time; and
      (2)   An “emergency call,” within the definition of M.S. § 609.78, subd. 3, as it may be amended from time to time, will not be considered an instance of disorderly behavior for purposes of determining whether a license will be denied, suspended, non-renewed or revoked where the call is a result of a , a member of a household, or guest taking action to seek emergency assistance that is protected by M.S. § 504B.205, residential right to seek police and emergency assistance, as it may be amended from time to time.
(Ord. 2014-9, passed 5-5-2014; Ord. 2017-25, passed 7-25-2017)