The following words and phrases have the meaning set forth herein:
“Disorderly house” means a building, dwelling, establishment, premises or place where prohibited conduct occurs, and it includes the outside area contiguous to and surrounding the structure such as a yard or lot under the same ownership. If the building, dwelling, establishment, premises or place is a multiple-unit dwelling or residence, hotel or motel, or commercial or office building, this definition applies only to that dwelling unit, room or suite of rooms in the hotel or motel, office rooms or suite, store, lot or yard in or on which prohibited conduct occurs.
“Nuisance” has the same meaning as set forth in Chapter 9.80 of this code.
“Occupant” means any person over sixteen years of age whose domicile is the property upon which the prohibited conduct has been found to have occurred.
“Owner” means:
(1) The recorded owner of the property, as determined by the records of the Marion County assessor’s office;
(2) Any party with an equitable interest in the property, provided that such equitable interest is recorded; and
(3) The trustee of a land trust, if the land trust holds title to such property.
“Prohibited conduct” means conduct or activities occurring in violation of statutes or ordinances relating to any of the following:
(1) Use or sale of illegal drugs or controlled substances, as defined in I.C. 35-48;
(2) Prostitution, patronizing a prostitute, or promoting prostitution, as defined in I.C. 35-45-4;
(3) Gambling, as defined in I.C. 35-45-5-1;
(4) Battery, as defined in I.C. 35-42-2-1;
(5) Contributing to the delinquency of a minor, as defined in I.C. 35-46-1-8;
(6) Resisting law enforcement, as defined in I.C. 35-44-3-3;
(7) Disorderly conduct, as defined in I.C. 35-45-1-3;
(8) Criminal recklessness, as defined in I.C. 35-42-2-2;
(9) Discharge of firearms, as prohibited by Section 9.08.010 of the code;
(10) Unlawfully concealing a firearm, as prohibited by Section 9.08.020 of the code;
(11) Unnecessary noises, as prohibited by Section 9.12.010 of the code;
(12) Failure to keep vacant property secured against entry, in violation of Section 15.32.030 of the code, or I.C. 36-7-9 (Unsafe Building Law) or any other fire or property maintenance codes constitutes prohibited conduct regardless of whether the town has issued a citation for the violation, issued an order to secure, or taken action to abate the condition;
(13) Failure to comply with Section 9.80.030, (Prohibition on public nuisances), or Section 6.03.030, (Prohibition on environmental public nuisances) of the code constitutes prohibited conduct whenever the town has verified with the town manager or code enforcement officer that such violation has occurred at the property three or more times within a calendar year. Such violation constitutes prohibited conduct regardless of whether the town has taken action to abate the condition or conduct and regardless of whether the town has issued a citation for the violation;
(14) Violations of any of the following Indiana statutes governing the sale, possession, delivery or receipt of alcoholic beverages:
(a) Sales, delivery or possession in violation of I.C. 7.1-5-1-1,
(b) Illegal possession by a minor in violation of I.C. 7.1-5-7-7,
(c) Furnishing alcohol to a minor in violation of I.C. 7.1-5-7-8,
(d) Inducing a minor to possess alcohol in violation of I.C. 7.1-5-7-15,
(e) Sale or delivery of alcoholic beverages to intoxicated persons in violation of I.C. 7.1-5-10-15,
(f) Receipt of alcoholic beverages from a person who does not hold a permit in violation of I.C. 7.1-5-10-5,
(g) Purchase of alcoholic beverages from a person who does not hold a permit in violation of I.C. 7.1-5-10-7, or
(h) Visiting or maintaining a common nuisance in violation of I.C. 7.1-5-10-21.
“Vacant” means a building which is lacking the habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business operations or residential occupancy has ceased. (Ord. 1062 §2(part), 2006).