(A) Disorderly house defined. A DISORDERLY HOUSE is defined as follows:
(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 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 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 Nebraska;
(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 Nebraska;
(c) Gambling as that term is defined in the statutes of Nebraska or the keeping of gambling devices as that term is defined in the statutes of Nebraska;
(d) Acts of disturbing the peace or disorderly conduct as those terms are defined elsewhere in this municipal code;
(e) The reception, retention or disposition of stolen moveable property of another;
(f) Clairvoyance, fortune telling or divination.
(B) Disorderly house prohibited; nuisance. 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.
(C) Inmate; visiting prohibited. 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.
(D) Abatement procedure.
(1) The procedures in this division are applicable in the event of repeated incidents of the type described in division (A). 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 division are also applicable to the situations described in division (B).
(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;
(d) A statement that if the conduct continues the village 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 Village Board. At such hearing, the Village Board shall determine whether the room, house, building, structure, place or premises is a disorderly house. If the Village Board determines that the room, house, building, structure, place or premises is a disorderly house, the Village Board may authorize the appropriate village officers to commence the appropriate action in court to suppress the conduct if the conduct does not cease.
(Ord. D-221, passed 1-7-2003)