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14-54-1702. Creation of criminal nuisance abatement board.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-54-1702. Creation of criminal nuisance abatement board.
(a) Any city of the first class or city of the second class by ordinance may create a quasi-judicial board to hear complaints regarding places or premises used as public or common nuisance as defined by §§ 5-74-109, 14-54-1502, and 16-105-402 or that are used for prostitution as defined by § 5-70-102.
(b) A criminal nuisance abatement board created under this subchapter shall be composed of five (5) citizens of the creating city who shall be appointed by the governing body of the city.
(c) The governing body of the city shall select one (1) of the members of the board to call the first meeting and serve as chair at the first meeting.
(d)(1) At the first meeting, members of the board shall draw lots so that:
(A) One (1) member shall serve a three-year term;
(B) Two (2) members shall serve a four-year term; and
(C) Two (2) members shall serve a five-year term.
(2) All successors appointed to the board shall serve one (1) five-year term.
(e) The members shall elect a chair and any other officers needed to conduct the business of the board.
(f) The governing body of the city shall provide necessary staff for the board.
(g) The board may promulgate rules and regulations needed to conduct the hearings on the complaints concerning places and premises used as public or common nuisances.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-54-1702
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-54-1702
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 421d122a27ae114100ebc7a19bbb7acd7ba3a3adddf493654a074bad1ac3d6ba
Source location: content.xml paragraph 16070
Stored source content
14-54-1702. Creation of criminal nuisance abatement board.
(a) Any city of the first class or city of the second class by ordinance may create a quasi-judicial board to hear complaints regarding places or premises used as public or common nuisance as defined by §§ 5-74-109, 14-54-1502, and 16-105-402 or that are used for prostitution as defined by § 5-70-102.
(b) A criminal nuisance abatement board created under this subchapter shall be composed of five (5) citizens of the creating city who shall be appointed by the governing body of the city.
(c) The governing body of the city shall select one (1) of the members of the board to call the first meeting and serve as chair at the first meeting.
(d)(1) At the first meeting, members of the board shall draw lots so that:
(A) One (1) member shall serve a three-year term;
(B) Two (2) members shall serve a four-year term; and
(C) Two (2) members shall serve a five-year term.
(2) All successors appointed to the board shall serve one (1) five-year term.
(e) The members shall elect a chair and any other officers needed to conduct the business of the board.
(f) The governing body of the city shall provide necessary staff for the board.
(g) The board may promulgate rules and regulations needed to conduct the hearings on the complaints concerning places and premises used as public or common nuisances.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-54-1502. Common nuisance declared.
(a) Conduct within a municipality that unreasonably interferes with the use and enjoyment of lands of another, including conduct on property which disturbs the peaceful, quiet, and undisturbed use and enjoyment of nearby property, constitutes a common nuisance.
(b) For purposes of this subchapter, a common nuisance shall not include conduct which is permitted by and in conformance with city ordinances.
(c) A common nuisance shall include any three (3) separate district court convictions of health and safety code violations with respect to any one (1) lot or parcel of property within a one-year period or one (1) such conviction if the offense constitutes an imminent threat to the health, safety, or welfare of any citizen. Such conduct is declared to be detrimental to the law-abiding citizens of the municipality and may be subject to an injunction, a court-ordered eviction, or a cause of action for damages as provided for in this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-54-1502
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-54-1502. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-105-402. Common nuisance declared — Definition.
(a) As used in this section, “owner” means a person in whom is vested the ownership and title of property and who is the owner of record, including without limitation a local, city, state, or federal governmental entity.
(b)(1) A store, shop, warehouse, dwelling house, building, boat, airplane, or other property or structure used for the purpose of unlawfully selling, storing, keeping, manufacturing, using, or donating a controlled substance, precursor, or analog under the Uniform Controlled Substances Act, § 5-64-101 et seq., is detrimental to the public morals and is a common nuisance, and a court shall order that the common nuisance be enjoined, abated, and prevented.
(2) Costs of enjoinment, abatement, and prevention and damages may be recovered against a person or entity found to be the owner of the common nuisance property.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-105-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-105-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-70-102. Prostitution.
(a) A person commits prostitution if in return for or in expectation of a fee he or she engages in or agrees or offers to engage in sexual activity with any other person.
(b) Prostitution is a:
(1) Class B misdemeanor for the first offense; and
(2) Class A misdemeanor for a second or subsequent offense under this section.
(c) It is not an offense under this section if at the time of the person's commission of or arrest for an act that meets the elements of the offense of prostitution, the person was a victim of trafficking of persons, § 5-18-103.
(d)(1) If a law enforcement agency is investigating an offense under this section that has allegedly been committed by a minor, the law enforcement agency shall make every effort to determine whether the minor, at the time of the offense, was a victim of trafficking of persons, § 5-18-103.
(2) If a determination under subdivision (d)(1) of this section is made that the minor was a victim of trafficking of persons, § 5-18-103, the law enforcement agency investigating the offense shall immediately notify the prosecuting attorney.
(e) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two hundred fifty dollars ($250) to be deposited into the Safe Harbor Fund for Sexually Exploited Children.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-70-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-70-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-74-109. Premises and real property used by criminal gangs, organizations, or enterprises, or used by anyone in committing a continuing series of violations — Civil remedies.
(a) Intent. The intent of the General Assembly in this section is to enact civil remedies that eliminate the availability of any premises for use in the commission of a continuing series of criminal offenses.
(b) Common Nuisance Declared. Any premises, building, or place used to facilitate the commission of a continuing series of three (3) or more criminal violations of Arkansas law is declared to be detrimental to the law-abiding citizens of the state and may be subject to an injunction, a court-ordered eviction, or a cause of action for damages as provided for in this subchapter.
(c)Action to Abate — Permanent Injunction — Verification of Complaint.
(1) When there is reason to believe a common nuisance under subsection (b) of this section is kept or maintained, or exists in any county, the prosecuting attorney of the county in the name of the state, or the city attorney of any incorporated city, or any citizen of the state or a resident of the county in his or her own name, may enjoin permanently the person conducting or maintaining the nuisance and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance.
(2) Unless filed by the prosecuting attorney, the complaint in the action shall be verified.
(d) Inspection Warrant. When there is reasonable cause to believe that any premises is being maintained in violation of this section, any judicial officer may, upon the petition of the prosecuting attorney, issue an inspection warrant for the premises.
(e)Temporary Injunction — Bond Requi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-74-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-74-109. This identifies an authority to review, not proof of applicability.