Legal Documents of Sweetwater

Code of Sweetwater

Table of Contents » Title 11 Municipal Offenses » Chapter 3 Offenses Against The Peace And Quiet » § 11-303 Disorderly houses prohibited.
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11
Title 11
11-1
Title 11, Chapter 1
11-101
§ 11-101
Sweetwater
Title 11 : Municipal Offenses
Chapter 3 : Offenses Against The Peace And Quiet

11-303 : Disorderly houses prohibited.

  1. No person who manages or controls any building, room or enclosure, either as its owner, lessee, agent or employee shall allow or permit prostitution, drunkenness, unlawful sale or alcoholic beverages, gambling, quarreling, fighting, rowdiness or loud noise sufficient to constitute a breach of the peace.
  2. No person who manages or controls any building, room or enclosure, either as an owner, lessee, agent or employee shall knowingly rent, lease or make available for use, with or without compensation, any building, room or enclosure to any tenant or occupant who unlawfully manufactures, delivers, sells, stores, gives away or uses any regulated legend drug, narcotic, or other controlled substance as defined in Tennessee Code Annotated, § 39-17-402 and Tennessee Code Annotated, § 53-10-101.
    1. A person who manages or controls any building, room or enclosure shall have knowingly rented, leased or made available for use, with or without compensation, such building, room or enclosure, to a tenant or occupant who unlawfully manufactures, delivers, sells, stores, gives away or uses a regulated legend drug, narcotic, or other controlled substance if, after receiving written notice from the Sweetwater Police Department ("SPD") that the occupant or tenant has been engaged in such illegal drug activity, they fail to evict the tenant or occupant from the building, room or enclosure.
    2. Upon learning of suspected illegal drug activity involving a tenant or occupant of a building, room or enclosure, SPD shall determine whether such activity is in fact taking place. Once SPD determines that a tenant or occupant is in fact manufacturing, delivering, selling, storing, giving away or using regulated legend drugs, narcotics, or other controlled substances and that enforcement of this subsection would not hinder further criminal prosecution, SPD shall serve a written notice on the person(s) who manages or controls the property, informing them of the investigation and their responsibility to prohibit illegal drug activity on the property.
    3. If requested, SPD shall provide the person(s) managing or controlling the property with evidence that their tenant or occupant is illegally manufacturing, delivering, selling, storing, giving away or using regulated legend drugs, narcotics, or other controlled substances before requiring them to evict the tenant or occupant.
    4. SPD shall serve the notice on the person who manages or controls the building, room or enclosure that one of their tenants or occupants is engaged in such illegal drug activity by a means of service authorized by Tenn.R. Civ.P. Rule 4.04.
  3. No person shall be charged with a violation of this section if such person:
    1. Instituted eviction proceedings within thirty (30) days of the receipt of the notice of illegal activities of the tenant; and
    2. Has completed the eviction proceedings within forty-five (45) days of commencement of the proceedings; or
    3. Cannot complete eviction proceedings within forty-five (45) days by reason of a court-ordered delay in such proceedings.
  4. The conditions prohibited by this section are inherently part of the Sweetwater ordinances regulating building and property maintenance that violations of this section may be prosecuted by in addition to hearings before the office of administrative hearing officer under the jurisdiction vested by Tennessee Code Annotated, § 6-54-1002(a) and Sweetwater ordinance 894 or before the city judge. (as added by Ord. #1014, Feb. 2023 Ch8_08-05-24)
Date Last Updated: 08/05/2024
Codification Date: 03/01/2004

Officials at Date of Last Codification:

Mayor - Doyle F. Lowe
Vice Mayor - Sam Moser
Commissioner - Lamar Hughes
Commissioner - Johanna Jinks
Commissioner - Alan Richeson
Commissioner - James A. Stutts
Recorder - Sonya Crush
City Attorney - John Cleveland
 

Date Last Updated: 08/05/2024
Codification Date: 03/01/2004

Officials at Date of Last Codification:

Mayor - Doyle F. Lowe
Vice Mayor - Sam Moser
Commissioner - Lamar Hughes
Commissioner - Johanna Jinks
Commissioner - Alan Richeson
Commissioner - James A. Stutts
Recorder - Sonya Crush
City Attorney - John Cleveland