§ 11.12.060. Disorderly house—Prostitution, gambling and rowdiness prohibited.

A.

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 of alcoholic beverages, gambling, the sale, exhibition or possession of any obscene material or any obscene conduct or entertainment, quarrelling, fighting, rowdiness or loud noise sufficient to constitute a breach of the peace.

B.

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 Section 39-17-402 and Tennessee Code Annotated Section 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 metropolitan department of police that the occupant or tenant has been engaged in such illegal drug activity, he fails 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, the metropolitan department of police shall determine whether such activity is in fact taking place. Once the metropolitan police department 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, the metropolitan police department shall serve a written notice on the person(s) who manages or controls the property, informing him of the investigation and his responsibility to prohibit illegal drug activity on the property.

3.

If requested, the metropolitan police department shall provide the person(s) managing or controlling the property with evidence that his tenant or occupant is illegally manufacturing, delivering, selling, storing, giving away or using regulated legend drugs, narcotics, or other controlled substances before requiring him to evict the tenant or occupant.

4.

The metropolitan police department shall serve the notice on the person who manages or controls the building, room or enclosure that one of his tenants or occupants is engaged in such illegal drug activity by a means of service authorized by Rule 4.04 of the Tennessee Rules of Civil Procedure for service of process.

5.

No person shall be charged with a violation of this subsection if such person:

a.

Instituted eviction proceedings within thirty days of the receipt of the notice of illegal activities of the tenant; and

b.

Has completed the eviction proceedings within forty-five days of commencement of the proceedings; or

c.

Cannot complete eviction proceedings within forty-five days by reason of a court-ordered delay in such proceedings.

(Ord. BL2000-264 § 1, 2000; Amdt. 1 to Ord. 96-302, 5/21/96; Ord. 96-302 § 2, 1996; Ord. 90-1339 § 1 (29-4), 1990; prior code § 29-1-16)