§ 19a-343 — State action to abate public nuisance. Offenses.

Connecticut § 19a-343

• Jurisdiction: Connecticut
• Title 19a: Public Health and Well-Being
• Ch. 368m: Nuisances and Public Places

Text

(a) For the purposes of this section and sections 19a-343a to 19a-343h, inclusive, a person creates or maintains a public nuisance if such person erects, establishes, maintains, uses, owns or leases any real property or portion of such property for (1) any of the purposes enumerated in subdivisions (1) to (6), inclusive, of subsection (c) of this section, or (2) on which any of the offenses enumerated in subdivisions (1) to (14), inclusive, of subsection (c) of this section have occurred. (b) The state has the exclusive right to bring an action to abate a public nuisance under this section and sections 19a-343a to 19a-343h , inclusive, involving any real property or portion of such property, commercial or residential, including single or multifamily dwellings, provided there have been three or more arrests, the issuance of three or more arrest warrants indicating a pattern of criminal activity and not isolated incidents or the issuance of three or more citations for a violation of a municipal ordinance as described in subdivision (14) of subsection (c) of this section, for conduct on the property documented by a law enforcement officer for any of the offenses enumerated in subdivisions (1) to (14), inclusive, of subsection (c) of this section during the three-hundred-sixty-five-day period preceding commencement of the action. (c) Three or more arrests, the issuance of three or more arrest warrants indicating a pattern of criminal activity and not isolated incidents or the issuance of three or more citations for a violation of a municipal ordinance as described in subdivision (14) of this subsection, for the following offenses shall constitute the basis for bringing an action to abate a public nuisance: (1) Prostitution under section 53a-82 , 53a-83 , 53a-86 , 53a-87 , 53a-88 or 53a-89 . (2) Promoting an obscene performance or obscene material under section 53a-196 or 53a-196b , employing a minor in an obscene performance under section 53a-196a , importing child sexual abuse material under section 53a-196c , possessing child sexual abuse material in the first degree under section 53a-196d , possessing child sexual abuse material in the second degree under section 53a-196e or possessing child sexual abuse material in the third degree under section 53a-196f . (3) Transmission of gambling information under section 53-278b or 53-278d or maintaining of a gambling premises under section 53-278e . (4) Offenses for the sale of controlled substances, possession of controlled substances with intent to sell, or maintaining a drug factory under section 21a-277 , 21a-278 , 21a-278a or 21a-278b or use of the property by persons possessing controlled substances under section 21a-279 . Nothing in this section shall prevent the state from also proceeding against property under section 21a-259 or 54-36h . (5) Unauthorized sale of alcoholic liquor under section 30-74 or disposing of liquor without a permit under section 30-77 , or sale or delivery of alcoholic liquor to any minor under subdivision (1) of subsection (b) of section 30-86 or the sale, delivery or giving of alcoholic liquor to a minor under subdivision (2) of subsection (b) of section 30-86 . (6) Maintaining a motor vehicle chop shop under section 14-149a . (7) Inciting injury to persons or property under section 53a-179a . (8) Murder or manslaughter under section 53a-54a , 53a-54b , 53a-55 , 53a-56 or 53a-56a . (9) Assault under section 53a-59 , 53a-59a , subdivision (1) of subsection (a) of section 53a-60 or section 53a-60a or 53a-61 . (10) Sexual assault under section 53a-70 or 53a-70a . (11) Fire safety violations under section 29-291a , 29-291c , 29-292 , subsection (b) of section 29-310 , or section 29-315 , 29-349 or 29-357 . (12) Firearm offenses under section 29-35 , 53-202aa , 53-203 , 53a-211 , 53a-212 , 53a-216 , 53a-217 or 53a-217c . (13) Illegal manufacture, sale, possession or dispensing of a drug under subdivision (2) of section 21a-108 . (14) Violation of a municipal ordinance resulting in the issuance of a citation for (A) excessive noise on nonresidential real property that significantly impacts the surrounding area, provided the municipality's excessive noise ordinance is based on an objective standard, (B) owning or leasing a dwelling unit that provides residence to an excessive number of unrelated persons resulting in dangerous or unsanitary conditions that significantly impact the safety of the surrounding area, or (C) impermissible operation of (i) a business that permits persons who are not licensed pursuant to section 20-206b to engage in the practice of massage therapy, or (ii) a massage parlor, as defined by the applicable municipal ordinance, that significantly impacts the safety of the surrounding area.

Legislative History

(P.A. 98-220, S. 1, 10; June Sp. Sess. P.A. 98-1, S. 99, 121; P.A. 99-115, S. 1, 3; P.A. 03-231, S. 4; P.A. 04-139, S. 11; P.A. 09-177, S. 20; P.A. 10-54, S. 6; P.A. 12-60, S. 3, 4; P.A. 13-174, S. 1, 2; P.A. 17-80, S. 4; 17-87, S. 1; P.A. 21-121, S. 37; June Sp. Sess. P.A. 21-1, S. 155; P.A. 24-118, S. 10.) History: P.A. 98-220 effective July 1, 1998; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (b), effective July 1, 1998; P.A. 99-115 made technical changes in Subsecs. (a) and (b), amended Subsecs. (b) and (c) by adding “or the issuance of three or more arrest warrants indicating a pattern of criminal activity and not isolated incidents”, and amended Subsec. (c) by adding Subdivs. (8), (9) and (10) re murder or manslaughter, assault and sexual assault, respectively, effective July 1, 1999; P.A. 03-231 amended Subsecs. (a) and (b) to make technical changes and amended Subsec. (c) to add Subdiv. (11) re fire safety violations, effective July 9, 2003; P.A. 04-139 amended Subsec. (c)(2) to replace “importing or possessing child pornography under section 53a-196c or 53a-196d” with “importing child pornography under section 53a-196c, possessing child pornography in the first degree under section 53a-196d, possessing child pornography in the second degree under section 53a-196e or possessing child pornography in the third degree under section 53a-196f”; P.A. 09-177 amended Subsec. (c)(11) to delete references to Secs. 29-317 and 29-325, effective January 1, 2011; P.A. 10-54 changed effective date of P.A. 09-177, S. 20, from January 1, 2011, to January 1, 2013, effective May 18, 2010; P.A. 12-60 changed effective date of P.A. 09-177, S. 20, as amended by P.A. 10-54, S. 6, from January 1, 2013, to January 1, 2015, effective May 31, 2012; P.A. 13-174 amended Subsec. (a) by redesignating existing provision re purposes as Subdiv. (1) and amending same to change “(11)” to “(6)” and by adding Subdiv. (2) re creating or maintaining public nuisance when offenses enumerated in Subsec. (c) have occurred, amended Subsec. (b) by adding provision re state's right to bring action to abate public nuisance for issuance of 3 or more citations for violation of municipal ordinance as described in Subsec. (c)(14) and by changing “(11)” to “(14)”, and amended Subsec. (c) by adding provision re issuance of 3 or more citations for violation of municipal ordinance as described in Subdiv. (14) to constitute basis for bringing action to abate public nuisance, by deleting former Subdiv. (6) re violations under Sec. 53a-179a and redesignating existing Subdiv. (7) as Subdiv. (6), by adding new Subdiv. (7) re injury to persons or property under Sec. 53a-179a, by adding “or 53a-61” in Subdiv. (9), and by adding Subdiv. (12) re firearm offenses, Subdiv. (13) re illegal manufacture, sale, possession or dispensing of a drug and Subdiv. (14) re violation of municipal ordinance resulting in issuance of citation; P.A. 17-80 amended Subsec. (c)(11) by deleting reference to Secs. 29-320, 29-329 and 29-337, effective July 1, 2017; P.A. 17-87 amended Subsecs. (a) and (b) by making technical changes, and amended Subsec. (c)(5) by adding provision re sale or delivery of alcoholic liquor to any minor; P.A. 21-121 amended Subsec. (c)(11) by adding reference to Secs. 29-291a and 29-291c; June Sp. Sess. P.A. 21-1 amended Subsec. (c)(4) by adding reference to Sec. 21a-278b, effective July 1, 2021; P.A. 24-118 amended Subsec. (c)(2) by replacing references to “child pornography” with “child sexual abuse material”.