Modifies laws regarding public nuisances

SECOND REGULAR SESSION
HOUSE BILL NO. 2344
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PROUDIE.
5710H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 67, RSMo, by adding thereto one new section relating to public nuisance,
with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 67, RSMo, is amended by adding thereto one new section, to be
2 known as section 67.449, to read as follows:
67.449. 1. As used in this section, the following terms mean:
2 (1) "Abuse", as defined in section 455.010;
3 (2) "Emergency", a sudden or unfores een situation in which prop erty or human
4 life is in jeopardy that re quir es immediate action and the pr ompt summoning of aid;
5 (3) "Penalize", includes, but is not limited to, the actual or thr eatened
6 r evocation, suspension, or nonr enewal of a rent al license; the actual or thr eatened
7 assessment of fines; or the actual or thr eatened eviction or causing the actual or
8 thr eatened eviction of a tenant from leased pr emises;
9 (4) "Pr emises", any parce l of pro perty , whether res idential or commerc ial; a
10 building or structure, if any , situated on the pr operty; and any portion of the public way
11 that abuts the pr operty if the public way is used in conjunction with the abutting
12 pr operty for the commission of illegal activity;
13 (5) "Public nuisance", a continuing act or physical condition that is made,
14 permitted, allowed, or continued by any person or legal entity , a person's or legal
15 entity's agent or servant, or any person or legal entity who aids ther ein, and that is
16 detrimental to the safety , welfare, or convenience of the inhabitants of a political
17 subdivision, or any act or condition so designated by statute or ordinance;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (6) "V ictim of a crime", a person who suffers personal physical injury or death
19 as a dir ect res ult of a crime.
20 2. Requests to law enfor cement or emergency services for assistance shall not be
21 consider ed a public nuisance.
22 3. (1) No political subdivision shall penalize a res ident, tenant, or landlord for a
23 r equest to law enforcem ent or emergency services by or on behalf of a victim of abuse, a
24 victim of a crime, or an individual in an emergency if the contact was made with the
25 r easonable belief that intervention or emergency assistance was necessary to preven t the
26 perpetration or escalation of, or to r espond to, such abuse, crime, or emergency or if the
27 intervention or emergency assistance was actually needed in res ponse to such abuse,
28 crime, or emergency .
29 (2) If a political subdivision enforce s or attempts to enforce an ordinance against
30 a re sident, tenant, or landlord in violation of subdivision (1) of this subsection, the
31 r esident, tenant, or landlord may bring a civil action for a violation of this section and
32 seek an order fr om a court of competent jurisdiction for any of the following re medies:
33 (a) An order requi ring the political subdivision to cease and desist the unlawful
34 practice;
35 (b) Payment of compensatory damages, pr ovided that a res ident, tenant, or
36 landlord shall make a reas onable effort to mitigate any damages;
37 (c) Payment of reas onable attorney's fees;
38 (d) Payment of court costs; and
39 (e) Other equitable relief including, but not limited to, r einstating a rent al license
40 or ren tal permit, as the court may deem appr opriate.
✔
HB 2344 2