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Current through October 23, 2012
For the purpose of this chapter, the term:
(1) "Adverse impact" means the presence of any one or more of the following conditions:
(A) Diminished real property value that is related to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia in or near the property;
(B) Increased fear of residents to walk through or in public areas, including sidewalks, streets, and parks, due to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia, or violence stemming therefrom;
(C) Increased volume of vehicular and pedestrian traffic to and from the property that is related to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia in or near the property;
(D) An increase in the number of ambulance or police calls to the property that are related to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia, or to violence stemming therefrom;
(E) Bothersome solicitations or approaches by persons wishing to engage in prostitution or to sell controlled substances or drug paraphernalia on or near the property;
(F) The presence, use, or display of firearms at or near the property;
(G) Investigative purchases of controlled substances or drug paraphernalia, the presence, use, or display of firearms, or investigative actions relating to prostitution by undercover law enforcement officers at or near the property;
(H) Arrests of persons on or near the property for criminal conduct relating to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia;
(I) Search warrants served or executed at the property relating to prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia;
(J) A substantial number of complaints made to law enforcement and other government officials about alleged illegal activity associated with prostitution, the presence, use, or display of firearms, or the use, sale, or manufacture of controlled substances or drug paraphernalia in or near the property; or
(K) The presence, use, display, or discharge of a firearm at the property.
(2) "Community-based organization" means any group, whether unincorporated or incorporated, affiliated with or organized for the benefit of one or more communities or neighborhoods, of defined geographic boundaries, containing the drug-, firearm-, or prostitution-related nuisance, or any group organized to benefit the quality of life in a residential area containing the alleged drug-, firearm-, or prostitution-related nuisance.
(3) "Controlled substance" means any of the controlled substances as defined in § 48-901.02(4).
(4) "Drug paraphernalia" means drug paraphernalia, as defined in § 48- 1101(3).
(5) "Drug-, firearm-, or prostitution-related nuisance" means:
(A) Any real property, in whole or in part, used or intended to be used to facilitate any violation of Chapter 9 of Title 48;
(B) Any real property, in whole or in part, used, or intended to be used, to facilitate prostitution, or that is used or intended to be used to unlawfully store or otherwise keep one or more firearms, or that is used or intended to be used for the sale or manufacture of controlled substances or drug paraphernalia, that has an adverse impact on the community.
(C) Any real property, in whole or in part, used or intended to be used to facilitate any violation of §§ 22-2701, 22-2703, and 22-2723, § 22- 2701.01, § 22-2704, §§ 22-2705 to 22-2712, and § 22-2722.
(5A) "Firearm" shall have the same meaning as provided in § 7-2501.01(9), except that it shall not include the lawful possession of a firearm by a person who is licensed or otherwise permitted by law to possess the weapon.
(6) "Manufacturing" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin or independent means of chemical synthesis, including the packaging or repackaging of the drug or labeling or relabeling of its container.
(7) "Owner" means the individual, corporation, partnership, trust association, joint venture, or any other business entity, and the respective agents of such individuals or entities, in whom is vested all or any part of the title to the property alleged to be a drug-, firearm-, or prostitution-related nuisance.
(8) "Property" means tangible real property, or any interest in real property, including an interest in any leasehold, license or real estate, such as any house, apartment building, condominium, cooperative, office building, storage, restaurant, tavern, nightclub, warehouse, park, median, and the land extending to the boundaries of the lot upon which such structure is situated, and anything growing on, affixed to, or found on the land.
(8A) "Prostitution" means prostitution as defined in § 22-2701.01(1), or any act that violates any provision of §§ 22-2701, 22-2703, and 22-2723, § 22-2704, §§ 22-2705 to 22-2712, and § 22-2722.
(9) "Tenant" means a person who resides in or occupies real property owned by another person pursuant to a lease agreement, whether written or oral, or pursuant to a tenancy at will or sufferance at common law.
(Mar. 26, 1999, D.C. Law 12-194, § 2, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(a), 53 DCR 1050; Mar. 2, 2007, D.C. Law 16-191, § 112, 53 DCR 6794; Nov. 6, 2010, D.C. Law 18-259, § 7(a), 57 DCR 5591.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-3301.
Effect of Amendments
D.C. Law 16-81, in subpar. (1)(A), substituted "value that is related to prostitution or the use, sale, or manufacture of controlled substances or drug paraphernalia in or near" for "value which is related to the use, sale, or manufacture of controlled substances or drug paraphernalia in and around"; subpar. (1)(B), substituted "due to prostitution or the use" for "due to the use"; in subpar. (1)(C), substituted "that is related to prostitution or the use, sale, or manufacture of controlled substances or drug paraphernalia in or near" for "which is related to the use, sale, or manufacture of controlled substances or drug paraphernalia in and around"; in subpar. (1)(D), substituted "that are related to prostitution or the use" for "which are related to the use"; in subpar. (1)(E), substituted "wishing to engage in prostitution or to sell" for "wishing to sell"; in subpar. (1)(G), substituted "paraphernalia or investigative actions relating to prostitution by" for "paraphernalia by"; in subpar. (1)(H), substituted "relating to prostitution or the use" for "relating to the use"; in subpar. (1)(I), substituted "relating to prostitution or the use" for "relating to the use"; in subpar. (1)(J), substituted "associated with prostitution or the use, sale, or manufacture of controlled substances or drug paraphernalia in or near" for "associated with the use, sale, or manufacture of controlled substances or drug paraphernalia in and around"; in par. (2), substituted "drug or prostitution-related" for "drug related", and substituted "drug or prostitution-related" for "drug-related"; in the lead-in language of par. (5), substituted "Drug or prostitution-related" for "Drug-related"; in subpar. (5)(B), struck "or" before "intended", substituted "facilitate the use, sale, distribution, possession, storage, transportation, or manufacture of any controlled substance or drug paraphernalia which has an adverse impact on the community' ' and inserted "facilitate prostitution or the use, sale, or manufacture of controlled substances or drug paraphernalia that has an adverse impact on the community"; added subpar. (5)(C); in par. (7), substituted "drug or prostitution-related" for "drug-related"; and added par. (8A).
D.C. Law 16-191, in pars. (5)(A) and (B), validated previously made technical corrections.
D.C. Law 18-259, in par. (1)(A), substituted "value that is related to prostitution, the presence, use, or display of firearms," for value that is related to prostitution"; in par. (1)(B), substituted "due to prostitution, the presence, use, or display of firearms," for "due to prostitution"; in par. (1)(C), substituted "that is related to prostitution, the presence, use, or display of firearms," for "that is related to prostitution"; in pars. (1)(D), substituted "that are related to prostitution, the presence, use, or display of firearms," for "that are related to prostitution"; in par. (1)(F), substituted The presence, use, or display of firearms" for "The display of dangerous weapons"; in par. (1)(G), substituted "controlled substances or drug paraphernalia, the presence, use, or display of firearms," for "controlled substances or drug paraphernalia"; in par. (1)(H), substituted "relating to prostitution, the presence, use, or display of firearms," for "relating to prostitution"; in par. (1)(I), substituted "relating to prostitution, the presence, use, or display of firearms, or the use" for "relating to prostitution or the use"; in par. (1)(J), substituted "associated with prostitution, the presence, use, or display of firearms," for "associated with prostitution"; in par. (1)(K), substituted "The presence, use, display, or discharge of a firearm at the property" for "The display discharge of a firearm at the property"; in par. (2), substituted "drug-, firearm-, or prostitution-related" for "drug or prostitution-related" the two places it appears; in par. (5), substituted "Drug-, firearm-, or prostitution-related" for "Drug or prostitution-related" in the lead-in language, and rewrote subsec. (B); added par. (5A); and, in par. (7), substituted ""drug-, firearm-, or prostitution-related" for "drug or prostitution-related". Prior to amendment, par. (5)(B) read as follows:
"(B) Any real property, in whole or in part, used, or intended to be used, to facilitate prostitution or the use, sale, or manufacture of controlled substances or drug paraphernalia that has an adverse impact on the community; or"
Temporary Addition of Section
For temporary (225 day) additions, see §§ 2 to 15 of Drug-Related Nuisance Abatement Temporary Act of 1998 (D.C. Law 12-178, March 26, 1999, law notification 45 DCR 3404).
Emergency Act Amendments
For temporary addition of this chapter, consisting of §§ 45-3301 through 45- 3314 [1981 Ed.], see §§ 2-14 of the Drug-Related Nuisance Abatement Emergency Act of 1998 (D.C. Act 12-395, October 4, 1998, 45 DCR 4648), §§ 2-14 of the Drug-Related Nuisance Abatement Congressional Review Emergency Act of 1998 (D.C. Act 12-476, October 28, 1998, 45 DCR 8001), and §§ 2-14 of the Drug-Related Nuisance Abatement Second Congressional Review Emergency Act of 1998 (D.C. Act 12-545, December 24, 1998, 45 DCR 490).
Legislative History of Laws
Law 12-194, the "Drug-Related Nuisance Abatement Act of 1998," was introduced in Council and assigned Bill No. 12-519, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on July 7, 1998 and September 22, 1998, respectively. Signed by the Mayor on October 8, 1998, it was assigned Act No. 12-470 and transmitted to both Houses of Congress for its review. D.C. Law 12-194 became effective on March 26, 1999.
Law 16-81, the "Nuisance Abatement Reform Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-80 which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 6, 2005, and January 4, 2006, respectively. Signed by the Mayor on January 26, 2006, it was assigned Act No. 16-267 and transmitted to both Houses of Congress for its review. D.C. Law 16-81 became effective on April 4, 2006.
For Law 16-191, see notes following § 42-1102.
Law 18-259 , the "Community Impact Statement Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-549, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on May 4, 2010, and June 1, 2010, respectively. Signed by the Mayor on June 28, 2010, it was assigned Act No. 18-446 and transmitted to both Houses of Congress for its review. D.C. Law 18-259 became effective on November 6, 2010.
