Ordinance No. 0821 11-05-1984��
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AN ORDINANCE RECADIFYING THE FRIDLEY CITY CODE BY ADOPTII�
A NEW CHAPTII2 126 F�77'ITLID "HOUSFS OF PROSTITUTION; PUBLIC
NUISANCE"
7.f3E CITY COUDICIL OF TF3E CITY OF FRIDLEY DOES ORDAIN F.S FOLI,GWu:
126.01. DEFINITIONS
The terms used in Sections 126.01 through 126.07 shall have the
meaninq herein given:
1. Building.
Includes any structure suitable for human shelter and the ground
itself.
2. Movable Property.
Includes iurniture, fixtures and materials.
3. Nlaterials.
Includes books, magazines, pamphlets, papers, wrxtings, cards,
advertisements, circulars, prints, pictures, photographs, notion
picture films, plays, unages, instruments, statutes, drau:ings ancl
vic]eos.
4. Prostitution and Prostitution Related Offenses.
Includes the conduct defined in Minnesota Statutes, Sections 609.321
through 609.329.
126.02. ACTS C�ISfI7UTII� A N[JISANCE ACTS CONSTIRUTING
1. Any building or portion thereof used or rr,aititained for the A NUISANCE
purpose of conunitting acts of prostitution or pxostitution reluted
offenses shall constitute reasonable cause that a public nuisance
e�ists.
2. Conclusive evidence as to the existence of a gublic nuisance
shall exist upon proof of three (3) or more misde��eanor convictions
or two (2) or more gross misdemeanors or felony convictions v�ithin
the previous two (2� years for acts of prostitutian or Lrostitution
related offenses arising out of conduct committea within or upon
such building or portion thereof.
3. Any buildina or portion thereof and all movat�le property used in
conducting or maintaining a public nuisance shall be en�cined and
abated as provided for in Sections 126.04 through 126.07.
126.03. NOTICE
Notice of any convictions described in Section 126.02 of this
Chapter shall be sent by United States mail to the aaner of_ recorcl,
all other interested persons or parties of record, the occupant of
such building or portion thereof and shall be filed with the County
Recorder's Office. Such notice shall be deened sufficient as to all
interested persons, including persons or parties not of record or
unknaan, that the building, or a portion thereof, is beii�g u�ed Por
purposes constituting a public nuisance.
NU`i'ICE
Page 2-- Ordinance No. 821
�126.04. It37UNCTIVE RII�ImIES
1. Whenever any county attorney, city attorney or resident of the
- City has reasonable cause to believe that any peraon within the City
is violating Section 126.02, he or she may by verified petition seelc
a temporary in7unction in district court in Anoka County. No
t�nporary restraining order or preliminary in�uctien shall be issued
without a prior shaa cause natice of hearing to the responaents to
be heard. Personal service of the show cause order and of the
petition made as in civil actions on the named respondents, or upon
any of their employees or agents found within the State, shall
constitute sufficient notice. Such shaa cause order for hearing may
be returnable on the third day from the date of service as to a
respondent who is present in this State, and on the fifth aay as to
a person not a resident or not found within this State.
2. Any t�nporary restraining order or tenporary in�unction granted
shall be binding on the owner and all other persons or parties,
knaan or unknaan, claiming any right, title, estate, lien or other
interest in the building or portion thereof used or mainteined for
purposes constituting a public nuisance.
126.05. TRIAL, OI�ER I�ID ABATII+IEN'P
1. Pursuant to the Rules of Civil Procedure, the court may also
orc�er the trial of the action on the merits to be advanceo and
consolxdated with the hearing on the motion for a temporary
�in�unction. Proof of any of the circ�mtistances enumeratecY in Section
126.02.2 shall be conclusive as to the existence of a public
nuisance and the court shall order the abatenent ai the nuisance.
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2. The court is authorized to order the renoval from the building
or portion thereof of all movable property usea in conduct�ng or
maintaining such nuisance and may direct the sale of such properi:y
as belong to the defendants who were notified or appearec] and shall
direct the closing of the building or portion thereof for a period
of one (1) year, except as to such use requested by a person
appointed by the court as receiver of such building or �ortion
thereof and as such use is further approved by the court, All
remedies providing for the seizure of property for the purpose of
securing satisfaction of a �udgement shall be available under the
circ�snstances and in the manner provided by the law of the State.
All costs of receivership shall be paid out of the receipts from the
sale of the property or rents collected.
3. Where the building or portion thereof is a non-coniarming use
for munici�l. zoning purposes, the abatement shall constitute a
discontinuance of such use and, thereafter, the use of the building
or the portion thereof abated must conform to th� use �ermittea in
the zoning district in which it is located. Additionally, if the
abatement cf a portion of the building results in a reduction oi the
degree of the building's non-conformitg, the clegree of
non-conformity may not be thereafter returne� to its original
status.
I� L�
INJUCTIVE
RIINEDIFS
TRIAL, ORDER
Pd�ID ABATII�2ENT
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Page 3-- Ordinance No. 821
4. This Section does not limit the destruction of uny materials
pursuant to Minnesota Statutes, Section 617.27.
126.06. COI�TPII�IPT
Whoever violates a restraining order, temporzry in�unction or
abatenent order granted under Sections 126.02 throuoh 126.07 may be
ad�udged in contempt of court and punished accordingly. In
addition, if any defendant fails to perform an orclered act, the
court may direct the act to be done in accordance with Rule 70 of
the Rules of Civil Procedure.
126.07. PARTIES � ACPION
Before any abatenent order shall be enforced against the bualding or
the portion thereof abated, the o�mer thereof shall be
s�unmons in accordance with Rule 4 of the Rules of Civi
The person in whose name the building or affecterl porti
recorded with the County Auditor for purposes or taxat
presumed the aaner. In case of unknaan persons having
any awnership, right, title or interest in the property
nade parties to the action by designating them in the
complaint as "all other persons unknown claiming an
right, title or interest in the propetty affectec3 by tY
service thereon made in the maruler prescribed in Rule
Ih�les of Civil Procedure.
served with a
L Procec�ure.
on thereoi is
ion shall be
or clziming
, they may be
summons and
y ownership,
e action" and
4.04 of the
[!�'iF1Y�U7J�l
PP,RTIES
TO ACPION
PASSID AI�ID ADOPTED BY ZIIE CITY COUNCIL OF THE CITY OF FkIDLEY ^1HIS 5TH DFjY
OF NWFNIBER, 1984
ATPE,,T:
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SIDNEY C. +]AN - CITY CLERK
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WILLIAM J, NEE - SAYGR
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