Baltimore City Council
File #: 08-0070    Version: 0 Name: "Padlock Law" - Scope
Type: Ordinance Status: Enacted
File created: 3/10/2008 In control: City Council
On agenda: Final action: 5/12/2008
Enactment #: 08-12
Title: "Padlock Law" - Scope FOR the purpose of redefining "public nuisance" to require that there have been a certain number of offenses within a certain period; clarifying the effect of a conviction for an offense; and generally relating to laws governing public nuisances.
Sponsors: James B. Kraft, Robert Curran, Bill Henry, President Young, Nicholas C. D'Adamo, Edward Reisinger, Agnes Welch, Mary Pat Clarke, Sharon Green Middleton, William H. Cole, IV, Warren Branch
Indexes: Padlock Law, Scope
Attachments: 1. 08-0070 - 1st Reader.pdf, 2. HCD - 08-0070.pdf, 3. Police - 08-0070.pdf, 4. Law - 08-0070.pdf, 5. 08-0070 - 3rd Reader.pdf
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 Kraft                                                                                               
 
      A BILL ENTITLED
 
AN ORDINANCE concerning
Title
"Padlock Law" - Scope
 
FOR the purpose of redefining "public nuisance" to require that there have been a certain number of offenses within a certain period; clarifying the effect of a conviction for an offense; and generally relating to laws governing public nuisances.
Body
BY repealing and reordaining, with amendments
Article 19 - Police Ordinance
Section(s) 43-1(l)
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
 
ยง 43-1.  Definitions.
 
(l)  Public nuisance.
 
(1)      "Public nuisance" means any premises that, ON 2 OR MORE SEPARATE OCCASIONS WITHIN A 24-MONTH PERIOD, [is] WERE used:
 
(I)      [(1)] for prostitution, lewdness, or assignation;
 
(II)      [(2)] for illegal adult entertainment;
 
(III) [(3)] by persons who assemble for the specific purpose of illegally administering a controlled dangerous substance;
 
 
 
(IV) [(4)] for the illegal manufacture or distribution of:
 
(A) [(i)] a controlled dangerous substance; or
 
(B) [(ii)] controlled paraphernalia;
 
(V)      [(5)] for the illegal storage or concealment of a controlled dangerous substance or controlled paraphernalia in sufficient quantity to reasonably indicate under all the circumstances an intent to manufacture, distribute, or dispense:
 
(A) [(i)] a controlled dangerous substance; or
 
(B) [(ii)] controlled paraphernalia;
 
(VI) [(6)] for gambling;
 
(VII) [(7)] for storage or possession of stolen property;
 
(VIII) [(8)] for storage or possession of unregistered firearms;
 
(IX) [(9)] for furtherance of a crime of violence;
 
(X)      [(10)] by persons who engage in a crime of violence on or near the premises; or
 
(XI) [(11)] for criminal gang offenses prohibited under State Criminal Law Article 9, Subtitle 8 .
 
(2)      A 2ND  REPORT BY A POLICE OFFICER, WRITTEN IN THE REGULAR COURSE OF BUSINESS, OF A PREMISES' HAVING BEEN USED FOR ACTIVITIES DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION IS PRIMA FACIE EVIDENCE THAT THE PREMISES ARE A PUBLIC 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.
 
dlr08-137(3)~intro/06Mar08
art19/OilingPadlock/aa:me
 
 
dlr08-137(3)~intro/06Mar08
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