§ 7-41. Disorderly conduct prohibited.

(a)

Disorderly conduct prohibited. Disorderly conduct is prohibited on all licensed rental dwellings. It shall be the responsibility of the licensee to prevent disorderly conduct by tenants, the tenant's family and the tenant's guests in the rental dwelling unit. For purposes of this section, a rental dwelling unit includes the unit which the tenant, family member or guests occupy along with the common areas both inside and outside of the building where the rental dwelling unit is located.

(b)

Disorderly conduct defined. For the purposes of this section, disorderly conduct and nuisance conditions may include but not be limited to the following:

(1)

Drug-related illegal activity occurring in or near the rental dwelling unit. Drug-related illegal activity means the illegal possession or constructive possession, manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell or distribute a controlled substance, as defined in the Controlled Substance Act (21 U.S.C. § 802), or possession of drug paraphernalia per Minn. Stat. § 152.092.

(2)

Any act of violence or threat of violence including, but not limited to, the discharge of firearms, prostitution, intimidation or any other act that otherwise jeopardizes the health, safety or welfare of the owner, agent, manager, other tenants, tenant's family members, guests or neighboring property owners.

(3)

Minnesota Statutes, § 609.75 through § 609.76 (prohibiting gambling).

(4)

Minnesota Statutes, § 609.321 through § 609.324 (prohibiting prostitution and acts relating thereto).

(5)

Minnesota Statutes, § 152.01 et seq., which prohibits the unlawful sale or possession of controlled substances.

(6)

Minnesota Statutes, § 340A.401, which prohibits the unlawful sale of alcoholic beverages.

(7)

Minnesota Statutes, § 340A.503, which prohibits the underage use of alcoholic beverages.

(8)

Faribault City Code of Ordinances, chapter 17, which prohibit nuisances.

(9)

Minnesota Statutes, § 97B.021, Minnesota Statutes, § 97B.045, Minnesota Statutes, § 609.66 through § 609.67 and Minnesota Statutes, § 624.712 through § 624.716 prohibiting the unlawful possession, transportation, sale or use of a weapon.

(10)

Minnesota Statutes, § 609.72, which prohibits disorderly conduct, when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation.

(11)

Minnesota Statutes, § 609.185 through § 609.205, which prohibit murder and manslaughter.

(12)

Minnesota Statutes, § 609.221 through § 609.2231, which prohibit assault.

(13)

Minnesota Statutes, § 609.342 through § 609.3451, which prohibit criminal sexual conduct.

(14)

Minnesota Statutes, § 609.52, which prohibits theft.

(15)

Minnesota Statutes, § 609.561 through § 609.5632, which prohibit arson.

(16)

Minnesota Statutes, § 609.582, which prohibits burglary.

(17)

Minnesota Statutes, § 609.595, which prohibit damage to property.

(18)

Faribault Code of Ordinances, Chapter 17, prohibiting public disturbances.

(19)

Laws relating to contributing to the need for protection or services or delinquency of a minor as defined in Minnesota Statutes, Section 260C et seq.

(20)

Minnesota Statutes, Section 609.33, relating to owning, leasing, operating, managing, maintaining or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house.

(21)

Minnesota Statutes, § 609.50, which prohibits obstructing the legal process.

(22)

Minnesota Statutes, § 609.713, which prohibits terroristic threats.

(23)

Minnesota Statutes, § 609.715, which prohibits presence of unlawful assembly.

(24)

Minnesota Statutes, § 609.71, which prohibits riot.

(25)

Minnesota Statutes, §§ 609.226, 347.52, 347.542, relating to dangerous dogs.

(26)

Minnesota Statutes, § 609.78, which prohibits interfering with "911" phone calls.

(27)

Minnesota Statutes, § 243.166 (Predatory Offender Registration).

(28)

Minnesota Statutes, § 609.229 (Crime committed for benefit of a gang).

(29)

Minnesota Statutes, § 609.26, subdivision 1(8) (causing or contributing to a child being a runaway).

(30)

Minnesota Statutes, § 609.903 (Racketeering).

(31)

Minnesota Statutes, § 609.53 (Possession of Stolen Property).

(32)

Minnesota Statutes, § 609.749 which prohibits a violation of a restraining order or order for protection.

(33)

Minnesota Statutes, § 609.255 (False Imprisonment) and Minnesota Statutes, § 609.25 (Kidnapping).

(c)

Violations and resulting action. Upon a determination by the Faribault Police Department that disorderly conducted has been committed on a licensed premises, as described in paragraph (a), the city shall take the following actions:

(1)

For a first instance of disorderly conduct, a notice describing the specific violation(s) will be sent to the licensee via First Class mail along with a directive for the licensee to take steps to prevent further violations. The licensee shall notify the tenant or tenants within ten (10) days of the notice of disorderly conduct violation.

(2)

If a second instance of disorderly conduct occurs within a rolling twelve-month time period for the same tenancy, a second notice describing the specific violation(s) will be sent to the licensee via First Class mail along with a directive for the licensee to submit a written report to the Faribault Police Department within ten (10) calendar days of receipt of the notice of disorderly use of the licensed premises which details all actions taken by the licensee in response to the previous notices of disorderly conduct on the licensed premises. The licensee shall notify the tenant or tenants within ten (10) days of the notice of disorderly conduct violation.

(3)

If a third instance of disorderly conduct occurs within a rolling twelve-month time period for the same tenancy, the rental dwelling license for the licensed premises may be suspended, revoked or not renewed by the city. An action to suspend, revoke, or not renew a rental dwelling license under this article shall be initiated by the compliance official or designee(s) pursuant to the procedures outlined in section 7-44 herein. The licensee shall notify the tenant or tenants within ten (10) days of the notice of disorderly conduct violation, and proceed with termination of the tenancy of all tenants occupying the unit.

(4)

If the compliance official or designee(s) determines that the licensee has proceeded in good faith to secure termination of the tenancy in accordance with this subsection, but was unsuccessful for reasons beyond the licensee's reasonable control, then the licensee shall not be subject to the penalties.

(5)

In lieu of revoking, suspending or not renewing the rental license under section 7-44 herein, the compliance official or designee(s) may require an action plan to be completed and complied with by the licensee, manager or local agent within a designated time frame which outlines the steps necessary to be taken and complied with in order to correct identified violations and the measures to be taken to ensure ongoing compliance with the city Code and other applicable laws.

(d)

Determining disorderly conduct. A determination that a licensed premises or any particular dwelling unit has been the location of a disorderly conduct violation shall be made upon a finding of fact by the Faribault Police Department by a preponderance of the evidence. It shall not be necessary that criminal charges be brought in order to support such finding, nor shall the dismissal or acquittal of such a criminal charge operate as a bar to any action under this section.

(e)

Review of disorderly conduct determination. Within five (5) days of being notified of an instance of disorderly conduct occurring on the licensed premises under section 7-41(c)(1) or (2), the licensee may submit information to the Faribault Police Department and seek reconsideration of the determination that disorderly conduct has occurred in the rental unit in violation of this article. The member of the Faribault Police Department who initially determined the existence of the disorderly conduct shall respond to the licensee's request for reconsideration within ten (10) days after receipt of the request. Any determination of disorderly conduct which results in the revocation, suspension or nonrenewal of a rental license will be reviewed by the city council pursuant to the provisions of section 7-44(e) herein.

(f)

Notices. All notices given by the city under this article shall be personally served on the licensee or sent by First Class mail to the licensee's address as provided to the city. If neither method of service effects notice, the city may provide notice to the licensee by posting on a conspicuous place on the licensed premises.

(g)

Lease termination. In addition to the licensee responsibilities to respond to disorderly conducted as outlined herein, the licensee may also be required to terminate the tenancy of a tenant that violates the crime-free/drug free lease addendum as outlined in section 7-42 herein. No adverse license action shall be imposed by the city where the instance of disorderly conduct on the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a rental license based on violations of this article may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use.

(h)

Enforcement. Enforcement actions provided in this article shall not be exclusive, and the city may take any action with respect to a licensee, a tenant, guests, or the licensed premises as is authorized by this Code or state law.

(i)

No retaliation. For purposes of verifying instances of disorderly conduct in violation of this section, the following are exceptions:

(1)

An "emergency call" within the definition of Minnesota Statutes, § 609.78, subd. 3, as it may be amended from time to time, will not be considered an instance of disorderly behavior for purposes of this section where the victim and suspect are "family or household members" as defined in the Domestic Abuse Act (Minn. Stat. § 518B.01, subd. 2(b)) and where there is a report of "Domestic Abuse" as defined therein.

(2)

An "emergency call" within the definition of Minnesota Statutes, § 609.78, subd. 3, as it may be amended from time to time, will not be considered an instance of disorderly behavior for purposes of this section where the call is result of a tenant, or a member of the tenant's household, or guest taking action to seek emergency assistance that is protected by Minn. Stat. § 504B.205, relating to a residential tenant's right to seek police and emergency assistance.

(3)

An "emergency call" within the definition of Minnesota Statutes, § 609.78, subd. 3, as it may be amended from time to time, will not be considered an instance of disorderly behavior for purposes of this section where the call is result of a emergency assistance that is protected by Minn. Stat. § 604A.04, relating to a person who is not a health care professional who acts in good faith in administering an opiate antagonist to another person whom the person believes in good faith to be suffering a drug overdose.

A tenant may not waive and a license holder may not require the tenant to waive the tenant's right under law to call for police or emergency assistance. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations, or lease terms other than a prohibition against contacting law enforcement agencies.

(j)

Falsely reporting violations. No person shall report a violation of this article or city ordinance knowing or having reason to know that the report is false with the intent to affect the licensing status or inspection schedule of the licensed premises.

(k)

Tenant responsibilities.

(1)

Access to licensed premises. When required by Minnesota Statutes, each tenant or occupant of a rental dwelling must give the owner, agent, or authorized city official access to any part of such rental dwelling unit at reasonable times for the purpose of inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this article.

(2)

Compliance with regulations. A tenant must comply with applicable city codes and all applicable local, state, and federal regulations. A tenant is responsible for compliance with all applicable city Code, nuisance, and violations of disorderly conduct as specified in this section that occur in the dwelling unit, including violations committed by household members or guests.

(Ord. No. 2017-13, § 2, 9-26-17)