ORDINANCE NO.   7962

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING CERTAIN PROVISIONS OF THE CITY’S DISORDERLY HOUSE NUISANCE ORDINANCE.

WHEREAS, disorderly house nuisances interfere with the quiet enjoyment and harmony of occupants of neighboring properties; and

WHEREAS, it is the desire of this City Commission to resolve disorderly house nuisance matters in a legal and expeditious matter.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Section 14-1101 of the Code of the City of Lawrence, Kansas, 2003 Edition is hereby amended to read as follows:

14-1101 GENERAL DEFINITIONS

For the purposes of this Article, the following definitions shall apply:

(A) Dwelling means a house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer or any other structure(s) or place(s) used or intended to be used for human habitation, including common areas within a structure when buildings or structures are used for more than one (1) dwelling, and accessory areas such as garages located on the same premises.

(B) In or on the premises of any Dwelling means either within a dwelling or the area within the boundary lines of any real property of the same ownership on which such dwelling is located.

(C) Occupant means any person who lives in or has possession of or holds an occupancy interest in a dwelling; or any person residing in or frequenting the premises of the dwelling with the actual or implied permission of the Owner or lessee.

(D) Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in the Dwelling; or recorded in the official records of the State of Kansas, Douglas County, or the City of Lawrence as holding title to the Dwelling; or otherwise having control of the Dwelling, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of such property by a court.

(E) Triggering Event means any of the following:

1. An act or failure to act that would constitute a felony or misdemeanor codified in the laws of the State of Kansas in Chapters 21, 41 or 65 of the Kansas Statutes Annotated; or

2. Conviction or diversion of an individual on a felony or misdemeanor charge defined in Chapters 21, 41 or 65 of the Kansas Statutes Annotated; or 

3. Any act or failure to act punishable by the imposition of fines and/or jail time under the ordinances of the City of Lawrence, except for previous violations of this article, ordinance traffic infractions, violations of the Standard Traffic Ordinance, and tobacco infractions as those terms are defined by Kansas Statute; or

4. Conviction or diversion of an individual on any charge under the ordinances of the City of Lawrence punishable by the imposition of fines and/or jail time, except for previous violations of this article, ordinance traffic infractions, violations of the Standard Traffic Ordinance, and tobacco infractions as those terms are defined by Kansas Statute.

Except that:

1. When an act or failure to act by an individual would constitute a triggering event under this section and the same individual has been convicted or diverted on a charge arising from that act or failure to act, then both the act or failure to act and the conviction or diversion shall constitute a single triggering event; and

2. No individual’s own conviction or diversion shall constitute a triggering event under this section for the purposes of a concurrent or subsequent prosecution of that individual under this article; and

3. No individual’s own act or failure to act that would otherwise constitute a triggering event under this section shall constitute a triggering event against that individual if the individual has been or may be subject to prosecution for that act or failure to act.       

Section  2.  Section 14-1102 of the Code of the City of Lawrence, Kansas, 2003 Edition is hereby amended to read as follows:

14-1102 DISORDERLY HOUSE NUISANCE DEFINED.

A “Disorderly House Nuisance” is a Dwelling is a “Disorderly House Nuisance” when it is associated with: within which, or on the premises of which, any of the following offense(s) have occurred within a three hundred sixty-five (365) day consecutive period:

(A) Two (2) or more triggering events felonies or misdemeanors, arising out of separate and distinct facts and circumstances as defined by the statutes of the State of Kansas, and/or the ordinances of the City of Lawrence; or within any consecutive three hundred sixty-five (365) day period; or

(B) Three (3) or more triggering events by separate individuals arising from the same general facts and circumstances.  Two or more violations of Chapter 4 of the Code of the City of Lawrence, relating to cereal malt beverages or alcoholic beverages arising out of separate, and distinct facts and circumstances; or

(C) Two (2) or more violations of disorderly conduct as defined by the Code of the City of Lawrence or the laws of the State of Kansas, relating to violations arising out of separate and distinct facts and circumstances; or

(D) A combination of two (2) offenses from any of the above categories, arising out of separate, and distinct facts and circumstances.

A Dwelling is associated with a triggering event when the triggering event has occurred within or on the premises of that Dwelling, or, if the triggering event consists of a conviction or diversion agreement on a criminal charge, a Dwelling is associated with that event when one or more acts that constitute the elements of the criminal offense occurred within or on the premises of the Dwelling.

Section 3.  Section 14-1107 of the Code of the City of Lawrence, Kansas, 2003 Edition is hereby amended to read as follows:

14-1107 COMMENCEMENT OF PROSECUTION

The City may only commence prosecution against an owner and/or occupant alleging a violation of this article under the following circumstances if:

(A) That The owner and/or occupant does not attend a nuisance abatement conference within the time period described previously.

(B) That The owner and/or occupant fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to said agreement within the prescribed time set forth in this article.

(C) That The owner and/or occupant fails or refuses to comply with any conditions or requirements set forth in a nuisance abatement agreement that he or she has signed, including any prescribed deadlines for taking particular actions.

Prosecution pursuant to this section need not be delayed pending the resolution of any other criminal prosecution against any party resulting from the occurrence of the triggering events, and this matter should be determined independently of any such pending prosecution, unless required by compulsory joinder or other legal considerations.

Section 4.  Section 14-1110 of the Code of Lawrence, Kansas, 2003 Edition is hereby amended to read as follows:

14-1110 PENALTIES

Upon conviction for a violation of a finding of guilt under this Article, the Court may, in addition to other remedies permitted by the Code, impose a term of probation for up to one (1) year conditioned on any or all of the following: the offender shall be punished by a fine not to exceed $1000 or a jail sentence not to exceed 180 days, or both such fine and jail sentence.  In determining an appropriate fine amount, the Court shall consider the cost of the police response to the triggering events and shall assess a fine proportionate to the cost of that response. 

If the Court grants probation from any jail sentence imposed pursuant to this section, such probation may be conditioned on any or all of the following:

(A) The completion of improvements upon the premises of the Dwelling which have the impact of mitigating crime and criminal activity, including but not limited to the erection of fences, installation of security devices and increased lighting; and

(B) Requirement of a written lease for occupants which includes provisions requiring eviction for criminal activity; and

(C) Submitting a tenancy lists on a periodic basis to the Police Department; and

(D) Posting a cash bond of no less than the minimum fine and up to the in an amount no greater than of the maximum fine and costs of the case for the period of court supervision or conditional discharge imposed by the Court., sSuch bond shall to be retained by the Court in an interest bearing account and conditioned on successful completion of the period of court supervision or conditional discharge; and

(E) Any other condition reasonably related to the objective of abating the Disorderly House Nuisance.

Section  5.   Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 6.  Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this ________________ day of  ________________, 2006.

PASSED:

Dennis Highberger, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

David L. Corliss, Assistant City Manager

and Director of Legal Services