191.680. Maintaining a nuisance, abatement to be ordered, when.
Maintaining a nuisance, abatement to be ordered, when.
191.680. 1. Any person who shall erect, establish, continue,maintain, use, own, or lease any building, structure, or place used for thepurpose of lewdness, assignation, or illegal purpose involving sexual orother contact through which transmission of HIV infection can occur isguilty of maintaining a nuisance.
2. The building, structure, or place, or the ground itself, in orupon which any such lewdness, assignation, or illegal purpose is conducted,permitted, carried on, continued, or exists, and the furniture, fixtures,musical instruments, and movable property used in conducting or maintainingsuch nuisance, are hereby declared to be a nuisance and shall be enjoinedand abated as provided in subsection 3 of this section.
3. If the existence of a nuisance is admitted or established in anaction pursuant to this section or in a criminal proceeding in any court,an order of abatement shall be entered as part of the judgment in the case.The order shall direct the effectual closing of the business for anypurpose, and so keeping it closed for a period of one year.
4. The department of health and senior services, a county prosecutor,or a circuit attorney shall file suit in its own name in any court ofcompetent jurisdiction to enforce the provisions of this section.
(L. 1988 H.B. 1151 & 1044 § 14, A.L. 2002 S.B. 1102)