City of Bowling Green, MO Article III Drug Houses

Section 220.060 Places Used for Illegal Sale and Use of Controlled Substances.

[Ord. No. 1570 §I(225.100), 8-20-2007]

A. 

Definitions. As used in this Article, the following words shall have the meanings set out below:

CONTROLLED SUBSTANCES

Drugs, substances or immediate precursors in Schedules I through V listed in Sections 195.005 to 195.425, RSMo.

INHABITABLE STRUCTURE

A ship, trailer, sleeping car, airplane or other vehicle or structure:

1. Where any person lives or carries on business or other calling;

2. Where people assemble for purposes of business, government, education, religion, entertainment or public transportation; or

3. Which is used for overnight accommodation of persons. Any such vehicle or structure is "inhabitable" regardless of whether a person is actually present.

B. Any room, building, structure or inhabitable structure which is used for the illegal use, keeping or selling of controlled substances is a public nuisance. No person shall keep or maintain such a public nuisance.

C. In addition to any other municipal ordinance prosecutions, the City Prosecutor may by information charge the owner or the occupant or both the owner and the occupant of the room, building, structure or inhabitable structure with the violation of keeping or maintaining a public nuisance.

D. Notwithstanding the other Sections of this Chapter, if the City Administrator or the City Administrator's designee finds that the owner of the room, building, structure or inhabitable structure knew that the premises were being used for the illegal use, keeping or selling of controlled substances, the City Administrator or the City Administrator's designee may order that the premises shall not be occupied or used for such period as the City Administrator or the City Administrator's designee may determine, not to exceed one (1) year.

E. It is unlawful for any person to occupy or use or to permit the occupancy or use of any room, building, structure or inhabitable structure in violation of any order issued by the City Administrator or the City Administrator's designee pursuant to this Section.

Section 220.070 Places Used for the Commission of Crimes or Ordinance Violations or Acts Done, Permitted, Allowed or Continued to the Damage or Injury of Any Inhabitants of the City.

[Ord. No. 1570 §II(225.110), 8-20-2007]

A. As used in this Section, "place" means any building, dwelling unit, lot, plot or parcel of land, premises, room or structure.

B. Any place which is used for the commission of crimes, ordinance violations or acts done, permitted, allowed or continued to the damage or injury of any of the inhabitants of the City is a public nuisance.

C. The Chief of Police shall notify the owner and occupant of any place used for the commission of crimes, ordinance violations or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City that the place is in violation of this Section, including the reason why, and that if the place continues to be used in such a manner, a hearing shall be held to determine whether a public nuisance exists and, if so, to determine the appropriate abatement remedies, including that the place not be occupied or used for a period of up to one (1) year. Notice shall be by personal service or certified mail or by posting on the premises.

D. If the place continues to be used for the commission of crimes, ordinance violations or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City, after such notice, the Chief of Police shall file a petition with the City Administrator which shall state what relief is sought or proposed and the reason for granting it.

E. The City Administrator or his/her designee shall set the time and location for a hearing based on the petition and shall cause notice thereof and a copy of the petition to be served on the owner and occupant of the place at least ten (10) days prior to the hearing. Service shall be personal or by certified mail or by posting on the premises.

F. At the hearing the City Administrator or his/her designee shall determine whether the place is a public nuisance giving such weight to the following factors as he/she deems appropriate:

1. The physical characteristics of the neighborhood in which the place is located, with particular consideration given to the proximity of the place to residential property, parks, churches, schools and playgrounds;

2. Whether there is littering, as prohibited by law, by the owner, occupant or persons frequenting the place;

3. Whether there is drinking of alcoholic beverages in public, as prohibited by law, by the owner, occupant or persons frequenting the place;

4. Whether there is lewd and indecent conduct, as prohibited by law, including public urination or defecation, by the owner, occupant or persons frequenting the place;

5. Whether there is the possession, sale or use of controlled substances, as prohibited by law, by the owner, occupant or persons frequenting the place;

6. Whether there is harassing or intimidating conduct, as prohibited by law, by the owner, occupant or persons frequenting the place toward persons living in the neighborhood or passing by the place;

7. Whether there is noise prohibited by law, caused by the owner, occupant or persons frequenting the place;

8. Whether there is the commission of other crimes, ordinance violations or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City by the owner, occupant or persons frequenting the place;

9. Whether there is street or sidewalk congestion caused by the owner, occupant or persons frequenting the place;

10. Any other activity deemed relevant by the City Administrator or designee.

G. For purposes of this Section, a person shall be considered to frequent a place if he/she lives, or works at, or visits the place, or if the person loiters about the place.

H. If the City Administrator or his/her designee finds that the place is a public nuisance in violation of this Section, he/she shall order the owner or occupant to abate the nuisance within seven (7) days or a shorter period of time if deemed necessary by the City Administrator in his/her sole discretion and may further order any appropriate action to abate the same, including that the place shall not be occupied or used for a period not exceeding one (1) year.

I. The closure of any place pursuant to this Section shall not constitute an act of possession, ownership or control by the City of the closed place.

J. It is unlawful for any person to:

1. Fail to obey an order to abate a nuisance issued pursuant to this Section;

2. Interfere with any entry into or upon the place by any Police Officer, agent or employee of the City for the purpose of abating the nuisance as ordered pursuant to this Section;

3. Occupy or use or permit any other person to occupy or use any place ordered closed pursuant to this Section;

4. Damage or remove any notice or order posted at the place pursuant to this Section;

5. Keep or maintain a place used for the commission of crimes, ordinance violations, or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City.

K. Nothing contained in this Section shall relieve the owner or occupant of any place from complying with the building, fire, property maintenance and zoning codes or any other ordinance that regulates the condition or use of the place.