Section 8381 – Short title of subchapter

§ 8381. Short title of subchapter. This subchapter shall be known and may be cited as the Drug Nuisance Law.

Section 8382 – Definitions

§ 8382. Definitions. The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: “Community-based organization.” Any group affiliated with or organized for the benefit of one or more communities or neighborhoods, or any group organized to benefit the quality […]

Section 8383 – Action to abate

§ 8383. Action to abate. Wherever there is reason to believe that a drug-related nuisance exists, the district attorney, the Attorney General, if requested by a district attorney, the solicitor for the county or municipality, a resident within 1,000 feet of the property, including a tenant of the property, the owner of property or any […]

Section 8384 – Complaint

§ 8384. Complaint. (a) Adverse impact.–The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug nuisance upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence of any one or more of the following conditions: (1) Diminished property value. (2) Increased fear of residents to walk through and […]

Section 8385 – Service of original process

§ 8385. Service of original process. (a) General rule.–A copy of the summons and complaint shall be served upon the defendant at least five business days prior to the first hearing in the action. Service of original process shall be made in accordance with the Pennsylvania Rules of Civil Procedure. (b) Posting at property.–If personal […]

Section 8386 – Preliminary injunction

§ 8386. Preliminary injunction. Upon the filing of a motion for preliminary injunction to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion for preliminary injunction within 10 business days of the filing. If it shall be made to appear, by affidavit or otherwise, that there is a substantial […]

Section 8387 – Protection of witnesses

§ 8387. Protection of witnesses. At the time of an application for the issuance of a restraining order or an injunction if proof of the existence of the drug-related nuisance depends, in whole or part, upon the affidavits of witnesses who are not law enforcement officers, upon a showing of prior threats of violence or […]

Section 8388 – Security

§ 8388. Security. No bond shall be required to issue a preliminary injunction or special injunction sought by the district attorney or the solicitor for the county or municipality. A bond in an amount fixed and with security approved by the court may be required to issue a preliminary injunction or special injunction when the […]

Section 8389 – Judgment and remedies

§ 8389. Judgment and remedies. (a) Burden of proof.–The plaintiff must establish that a drug-related nuisance exists by a preponderance of the evidence. (b) Relief.–If the existence of a drug-related nuisance is found, the judgment may include actual damages and a temporary or permanent injunction to restrain, abate and prevent the continuance or recurrence of […]

Section 8390 – Violation of injunctions or abatement order

§ 8390. Violation of injunctions or abatement order. (a) Contempt.–A violation of any court order issued under this subchapter is punishable as a contempt of court by a fine of not less than $500 nor more than $75,000. The court may order the sheriff or other proper officer of any county to take into custody […]

Section 8391 – Release and cancellation

§ 8391. Release and cancellation. (a) No knowledge and abatement.–The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he had no knowledge of the drug-related nuisance and could not reasonably be expected to have such knowledge and the owner […]

Section 8392 – Severability

§ 8392. Severability. If any provision of this subchapter or its application to any person or circumstance is held invalid or unenforceable, the remainder of this subchapter or the application of the provision to other persons or circumstances shall not be affected.