EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Mitchell
A BILL ENTITLED
AN ORDINANCE concerning
Title
Public Nuisance Premises - Extending Applicability
FOR the purpose of extending the provisions governing public nuisance premises to encompass certain additional offenses; defining and redefining certain terms; clarifying, conforming, and correcting certain language; and generally relating to abating public nuisance premises.
Body
BY repealing and reordaining, with amendments
Article 19 - Police Ordinances
Section(s) 43-1, 43-2(a), and 43-3(a)
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 19. Police Ordinances
Subtitle 43. Public Nuisances
§ 43-1. Definitions.
(a) In general.
[As used in] IN this subtitle[:], THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED.
(B) ASSAULT.
"ASSAULT" HAS THE MEANING STATED IN STATE CRIMINAL LAW ARTICLE § 3-201.
(C) [(b)] Commissioner.
"Commissioner" means the Police Commissioner of Baltimore City or the Commissioner's designee.
(D) [(c)] Conviction.
[For the purpose of this subtitle, "conviction" shall include] "CONVICTION" INCLUDES probation before judgment.
(E) [(d)] Owner.
"Owner" and "owner of record" mean the person in whose name a premises is recorded in the land records of Baltimore City.
(F) [(e)] Person.
'Person" means an individual, receiver, guardian, personal representative, fiduciary, or representative of any kind, and any corporation, partnership, firm, association, joint venture, or other legal entity.
(G) [(f)] Premises.
"Premises" means any land, building, or other structure, or ANY part [thereof] OF THEM.
(H) [(g)] Public nuisance.
(1) [A "public] "PUBLIC nuisance" [is] MEANS:
(I) any premises WHERE 2 OR MORE VIOLATIONS, LEADING TO 2 OR MORE CRIMINAL CONVICTIONS, OF ANY OF THE FOLLOWING OFFENSES HAVE OCCURRED ON 2 OR MORE OCCASIONS WITHIN A 24-MONTH PERIOD BEFORE THE START OF A PROCEEDING UNDER THIS SUBTITLE AND WHERE VIOLATIONS ARE STILL OCCURRING:
[(i) where violations of the law governing:]
(A) prostitution and lewdness;
(B) controlled dangerous substances;
(C) gambling; or
(D) criminal possession of stolen property[,]; AND
[are occurring; and]
[(ii) where 2 or more violations of such provisions, which have resulted in 2 or more criminal convictions, have occurred on 2 or more occasions within a 24-month period of time prior to the commencement of a proceeding pursuant to §§ 43-3 through 43-7 of this subtitle.]
(II) ANY PREMISES WHERE 2 OR MORE VIOLATIONS OF ANY OF THE FOLLOWING OFFENSES HAVE OCCURRED ON 2 OR MORE OCCASIONS WITHIN A 24-MONTH PERIOD BEFORE THE START OF A PROCEEDING UNDER THIS SUBTITLE:
(A) HOMICIDE;
(B) ASSAULT;
(C) FIREARMS;
(D) CRIMINAL GANGS; OR
(E) OFFENSES IN WHICH A SERIOUS PHYSICAL INJURY OCCURRED.
(2) [It shall be prima facie evidence that a public nuisance has occurred upon the] THE 2nd conviction for [a violation of] any of the [provisions of the law governing the enumerated] offenses ENUMERATED IN PARAGRAPH (1)(I) OF THIS SUBSECTION IS PRIMA FACIE EVIDENCE THAT A PUBLIC NUISANCE EXISTS.
(3) THE 2ND REPORT BY A POLICE OFFICER, WRITTEN IN THE NORMAL COURSE OF BUSINESS, OF A VIOLATION OF ANY OF THE OFFENSES ENUMERATED IN PARAGRAPH (1)(II) OF THIS SUBSECTION IS PRIMA FACIE EVIDENCE THAT A PUBLIC NUISANCE EXISTS.
(I) "SERIOUS PHYSICAL INJURY".
"SERIOUS PHYSICAL INJURY" HAS THE MEANING STATED IN STATE CRIMINAL LAW ARTICLE § 3-201.
§ 43-2. Legislative findings and declarations.
(a) Existence of public nuisances.
The Mayor and City Council finds and declares:
(1) that public nuisances exist in the City of Baltimore in the continuing and recurrent use of certain premises in violation of the laws relating to HOMICIDE, ASSAULT, FIREARMS, CRIMINAL GANGS, SERIOUS PHYSICAL INJURY, prostitution, gambling, controlled dangerous substances, and stolen property; and
(2) that these public nuisances are harmful to the safety, health, and general welfare of the citizens and businesses of, and visitors to, Baltimore City.
§ 43-3. Nuisance abatement authorized.
(a) Commissioner's basic authority.
After 2 convictions [under § 43-1(g)] OF THE TYPE DESCRIBED IN § 43-1(H)(1)(I) AND (2) of this subtitle OR 2 REPORTS OF VIOLATIONS OF THE TYPE DESCRIBED IN § 43-1(H)(1)(II) AND (3) OF THIS SUBTITLE, AS THE CASE MAY BE, and AFTER notice to the premises' owner and opportunity for a hearing, the Commissioner may:
(1) order the discontinuance of the public nuisance in the premises where the public nuisance exists; or
(2) order the closing of the premises to the extent necessary to abate the nuisance.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
dlr07-1237(2)~intro/21Mar07
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