(A) Definition.
(1) Any room, house, building, structure, place, or premises wherein or upon any unlawful or illegal acts are committed in violation of local state or federal law, or which are kept in such a manner as to disturb, annoy or scandalize the public generally, or persons within a particular neighborhood, is hereby declared to be a DISORDERLY HOUSE.
(2) Any room, house, building, structure, place, or premises which are kept, maintained, used, erected, established, or run for any of the following purposes is hereby declared to be a DISORDERLY HOUSE; provided, however, that this shall not be deemed or construed to be conclusive, limiting, or restrictive:
(a) Prostitution, pandering, or public indecency as those terms are defined in the statutes of the state;
(b) Unlawful manufacture, cultivation, growth, production, processing, sale, distribution, storage, use, or possession for any unlawful manufacture, or use of any controlled substance as that term is defined in the statutes of the state;
(c) Gambling as that term is defined in the statutes of the state, or the keeping of gambling devices as that term is defined in the statutes of the state;
(d) Acts of disturbing the peace or disorderly conduct as those terms are defined elsewhere in this municipal code; and
(e) The reception, retention, or disposition of stolen moveable property of another;
(B) Prohibited; nuisance.
(1) It shall be unlawful for the owner, lessee, renter, proprietor, or any other person or persons to keep, run, or maintain a disorderly house, or to knowingly collect or permit to be collected therein persons who are engaging in any unlawful act or to knowingly make, cause, or permit, or suffer to be made therein any loud or improper noise to the annoyance or disturbance of any person or neighborhood. A disorderly house is declared to be a public nuisance.
(2) A violation of this section is a Class I violation.
(C) Inmate; visiting; prohibited.
(1) It shall be unlawful for any person to become or remain an inmate of any disorderly house, or to frequent or visit with knowledge of, and participation in, the illegal activities occurring therein.
(2) A violation of this section is a Class I violation.
(D) Abatement procedure.
(1) The procedures in this section are applicable in the event of repeated incidents of the type described in this division (D). For purposes of this section, REPEATED INCIDENTS means two or more of such incidents within the immediately preceding 12-month period, which incidents are documented in writing by a law enforcement agency. Such incidents need not have resulted in a criminal conviction. The procedures in this section are also applicable to the situations described in division (D)(2) below.
(2) The Police Chief may give notice to the owner or occupants of the disorderly house to cease the conduct. The notice shall be in writing, shall be served personally or by certified mail, and shall contain the following:
(a) The location of the disorderly house;
(b) A description of the conduct which constitutes the room, house, building, structure, place, or premises a disorderly house;
(c) An order to cease the conduct; and
(d) A statement that if the conduct continues the city may take such legal action as may be necessary to restrain or suppress the conduct, specifically including the seeking of an injunction in the District Court.
(3) Within five days after receipt of such notice, the owner or occupant may make a written request for a hearing before the City Council. At such hearing the City Council shall determine whether the room, house, building, structure, place or premises is a disorderly house. If the City Council determines that the room, house, building, structure, place, or premises is a disorderly house, the City Council may authorize the appropriate city officers to commence the appropriate action in court to suppress the conduct if the conduct does not cease.
(Prior Code, § 130.34) (Ord. 1906, passed 1-11-2010; Ord. 1910, passed 4-12-2010) Penalty, see § 130.99