Tougher nuisance law (new law)

What it takes to call a problem a nuisance will get easier.

Under current statute, a public nuisance exists if there are two or more separate instances of various incidents such as gambling and the unlawful sale of alcohol. Effective Aug. 1, 2008, that law will be modified to make it a nuisance if there is only one instance of prostitution, unlawful drug sale or possession, or illegal use or possession of a dangerous weapon.

Sponsored by Rep. Debra Hilstrom (DFL-Brooklyn Center) and Sen. Linda Higgins (DFL-Mpls), the new law was signed by Gov. Tim Pawlenty April 24.

Mark Wiegel, vice president of the Minnesota Police & Peace Officers Association, said the change provides a tool for municipalities and property owners to better deal with problem activities.

The law also changes the definition of “firearm” to “dangerous weapon” to account for objects such as knives and machetes, or any other object capable of causing serious bodily harm or death.

When the bill was introduced in committee, it was proposed that the standard of evidentiary proof be lowered from “clear and convincing” evidence to “preponderance of” evidence. The change is not in the law.

HF2627/SF2399*/CH218