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5-64-803. Public nuisance to be abated or closed.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-803. Public nuisance to be abated or closed.
(a) A place where a drug device is manufactured, sold, stored, possessed, given away, or furnished in violation of this subchapter is deemed a common or public nuisance.
(b) A conveyance or vehicle of any kind is deemed a “place” within the meaning of subsection (a) of this section and may be proceeded against under the provisions of § 5-64-804.
(c) A person who maintains, or aids or abets, or knowingly associates with another in maintaining a common or public nuisance under subsection (a) of this section is in violation of this subchapter, and judgment shall be given that the common or public nuisance be abated or closed as a place for the manufacture, sale, storage, possession, giving away, or furnishing of a drug device.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-803
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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Record provenance
Stable record: arkansas_code:legal_authorities:5-64-803
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4d7f3d0eea94e81eacbda38a1d61045cef336edbfe281571e470f63e3875a17b
Source location: content.xml paragraph 25042
Stored source content
5-64-803. Public nuisance to be abated or closed.
(a) A place where a drug device is manufactured, sold, stored, possessed, given away, or furnished in violation of this subchapter is deemed a common or public nuisance.
(b) A conveyance or vehicle of any kind is deemed a “place” within the meaning of subsection (a) of this section and may be proceeded against under the provisions of § 5-64-804.
(c) A person who maintains, or aids or abets, or knowingly associates with another in maintaining a common or public nuisance under subsection (a) of this section is in violation of this subchapter, and judgment shall be given that the common or public nuisance be abated or closed as a place for the manufacture, sale, storage, possession, giving away, or furnishing of a drug device.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-804. Injunction.
(a) The prosecuting attorney or a citizen of the county or municipality where a common or public nuisance, as defined in § 5-64-803, is located may maintain a suit in the name of the state to abate and perpetually enjoin the common or public nuisance.
(b) A circuit court has jurisdiction over the suit.
(c) An injunction may be granted at the commencement of the suit and no bond is required if the action for injunction is brought by the prosecuting attorney.
(d) If the suit for injunction is brought or maintained by a citizen of the county or municipality where the common or public nuisance is alleged to be located, then the circuit court may require a bond as in any other case of injunction.
(e) On the finding that the material allegations of the complaint are true, the circuit court or judge of the circuit court in vacation shall order the injunction for such period of time as the circuit court or judge may think proper, with the right to dissolve the injunction upon the application of the owner of the place if a proper case is shown for the dissolution.
(f) The continuance of the injunction as provided in this section may be ordered, although the place complained of may not at the time of hearing be unlawfully used.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-804
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 5-64-804. This identifies an authority to review, not proof of applicability.