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§ 16-105-201. Definition

As used in this subchapter, unless the context otherwise requires, “owner” means any person, persons, or corporation having an actual legal interest, vested in possession, in any building or place that may become a public nuisance under the provisions of this subchapter.

§ 16-105-202. Subchapter cumulative

This subchapter shall not repeal any law or laws prohibiting or regulating the sale of intoxicating liquors now in force, but shall be cumulative to all laws now in force.

§ 16-105-203. Penalties

(a) If any person shall break into or enter or use any building or place while closed under a preliminary injunction granted under the provisions of this subchapter or shall violate any permanent injunction under the provisions of this subchapter, he or she shall be subject to punishment for contempt. (b) Upon conviction for the […]

§ 16-105-204. Public nuisance created by certain unlawful acts and materials

(a) The conducting, maintaining, carrying on, or engaging in the sale of alcoholic liquors, including wines and beer of all kinds, in violation of any of the laws of this state, in any building, structure, or place within this state, and the conducting, maintaining, carrying on, or engaging in the operation of any so-called roadhouses […]

§ 16-105-205. Jurisdiction — Parties who may bring action

Jurisdiction is conferred upon the circuit courts of this state to abate the public nuisances defined in § 16-105-204, upon petition in the name of the state, upon relation of the Attorney General or any prosecuting attorney of the state, or without the concurrence of the officers, upon the relation of five (5) or more […]

§ 16-105-206. Petition for abatement

(a) Whenever a public nuisance, as defined in this subchapter, is kept, maintained, carried on, or exists in any county in this state, a bill or petition may be filed in any circuit court of the county, in the name of the state, by and upon the relation of any persons named in § 16-105-205, […]

§ 16-105-207. Hearings for temporary and permanent injunction — Bond — Notice

(a) (1) In the proceedings, the circuit court, upon the presentation of a bill therefor alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases where the bill is filed by citizens and freeholders. (2) However, no bond shall be required when the […]

§ 16-105-208. Hearings for temporary and permanent injunction — Procedures

(a) Upon the trial of all causes pursuant to this subchapter, evidence of the general reputation of the building or place where the public nuisance is alleged to exist shall be admissible for the purpose of proving or tending to prove the existence of the public nuisance. (b) (1) The fact that the defendant has […]

§ 16-105-209. Order of abatement

(a) If, upon the trial of a cause pursuant to this subchapter, the existence of the public nuisance is established, an order of abatement shall be entered as part of the judgment or decree of the circuit court. (b) (1) The order shall direct the removal from the building or place wherein the public nuisance […]

§ 16-105-210. Proceedings against two or more owners

(a) When one (1) of two (2) or more joint owners has been served with the notice prescribed in this subchapter, the cause shall proceed against the owner on whom notice has been served, and the proceeding shall not be a bar to subsequent proceedings against one (1) or all of the joint owners not […]

§ 16-105-211. Fees of prosecuting attorney

In all cases wherein the bill or petition is filed upon the relation of a prosecuting attorney of this state and a permanent injunction is granted therein, the officer shall receive such fees as are now provided by law for convictions for the illegal sale of intoxicating liquors. The fees shall be paid by the […]