NOTICE
There will be a second reading on Monday, February 11, 2019, 7:00 p.m., regarding the following ordinance:
AN ORDINANCE ADDING TO THE TOWN OF RAINELLE CODE, CHAPTER 4 BOARD OF HEALTH, ARTICLE VI, BY ADDING SECTION 4 DRUG HOUSES, HOUSES OF PROSTITUTION AND OTHER DISORDERLY HOUSES, SECTION -910-911, 907.02.
Section 4-910.
Drug and gang houses, houses of
prostitution and other disorderly
houses.
(a) Any premises used or prostitution; illegal gambling, illegal possession, storage or delivery of or trafficking in controlled substances, or other illegal drug activity; is hereby declared to be a public nuisance; provided that no public nuisance or violation of this section shall be deemed to exist unless:
1. The property is used for two or more such offenses or incident within any twelve-month period, or
2. The offense for which property is used is punishable by imprisonment for one year or more.
(b) Any person who owns, manages or controls any premises and who
1. Encourages or permits an illegal activity described in subsection (a) to occur or continue on such premises; or
2. Fails to implement reasonable and warranted abatement measures identified in the notice issued pursuant to section 4-911, or subsequently agreed to, or other abatement measures which successfully abate the nuisance within the 30-day period, shall be subject to a fine according to the schedule set forth.
Section 4-911.
Order of abatement.
(a) The chief of police, Town Engineer or other authorized representative of the town may bring an action to abate a public nuisance described by this section in a Martinsburg Municipal Court.
(b) The Chief of Police, Town Engineer, or other authorized representative of the town shall issue an order of abatement upon a finding of liability under this section.
(c) The order of abatement shall require the defendant to take measures reasonably calculated to prevent the recurrence of the illegal activity.
(d) The order of abatement may also authorize the issuance of search warrants reasonably calculated to determine whether the nuisance has been abated or whether the order of the court has been obeyed.
Section 4-907.02. Penalty.
(a) Each day that a violation of this section continues shall be considered a separate and distinct offence.
1. No person shall be found in violation of 4-910 (b)(2) unless the tow proves by a preponderance of the evidence that the abatement measures were reasonable and warranted, and the at the defendant knowingly failed to implement them.
2. A person may be found in violation of (b)(1) or (b)(2) of section 4-910 regardless of whether an order of abatement is issued under the section 4-911 or in violation of 4-910. A fine in accordance with subsection (c) may be assessed by the Martinsburg Municipal Court.
(b) Upon a finding of liability under this ordinance, the defendant shall be fined: not less than $100.00 and not more than $1,000.00 per offense.
Be it further Ordained by the Town Council of the Town of Rainelle that this Ordinance shall take effect upon the dated of adoption.
2-1-FRI-1-RH; LG 202607
ID: 206207