Faribault, Minn., Code of Ordinances ch. 7, art. V § 7-41

(a) Disorderly conduct prohibited. Disorderly conduct is prohibited on all licensed rental dwellings. It shall be the responsibility of the licensee to prevent disorderly conduct by tenants, the tenant's family and the tenant's guests in the rental dwelling unit. Offenses that occur outside of the rental dwelling unit do not constitute a violation of this section. For purposes of this section, a rental dwelling unit includes the unit which the tenant, family member or guests occupy along with the common areas both inside and outside of the building where the rental dwelling unit is located.
(b) Disorderly conduct defined. For the purposes of this section, disorderly conduct and nuisance conditions are the following activities committed by tenants, their family members, or guests:
(1) Drug-related illegal activity occurring in the rental dwelling unit. Drug-related illegal activity means the illegal possession, manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell or distribute a "controlled substance," as defined in the Controlled Substance Act (21 U.S.C. § 802).
(2) Minnesota Statutes, § 609.755(4) and § 609.76 prohibiting the use of one's home as a gambling place, bucket shop or lottery.
(3) Minnesota Statutes, §§ 609.321-609.324 prohibiting prostitution and acts relating thereto.
(4) Minnesota Statutes, § 340A.401, which prohibits the unlawful sale of alcoholic beverages.
(5) Minnesota Statutes, § 340A.503, subdiv. 1(2), which prohibits the underage use of alcoholic beverages, except within the household of and with the permission of the underage person's parent or guardian, provided there is no violation of the City's Social Host Ordinance. (See the related reference to Faribault, Minn. Ordinances, ch. 17 , art. 1, § 17-17 , in subsection (6), below).
(6) The following provisions of the Faribault, Minnesota Code of Ordinances, chapter 17, article 1, § § 17-2 (1) (physical conduct only), 17-5 , 17-8 , 17-10 -- 17-12 , 17-17 (see related subsection (5), above), and 17-42 (except for instances where the noise is caused by a medical emergency).
(7) Minnesota Statutes § 609.66, prohibiting the unlawful use of a dangerous weapon.
(8) Minnesota Statutes, §§ 609.185--609.205, which prohibit murder and manslaughter, unless a tenant was acting in self-defense or in defense of others.
(9) Minnesota Statutes, §§ 609.221--609.2231, which prohibit assault, unless a tenant was acting in self-defense or in defense of others.
(10) Minnesota Statutes, §§ 609.342--609.3451, which prohibit criminal sexual conduct.
(11) Minnesota Statutes, § 609.52, which prohibits theft, as long as the acts constituting theft occur in the dwelling unit.
(12) Minnesota Statutes, §§ 609.561--609.5632, which prohibit arson.
(13) Minnesota Statutes, § 609.582, which prohibits burglary, but which shall not apply to acts that could also be considered shoplifting.
(14) Minnesota Statutes, § 609.595, which prohibits intentional damage to the property of another without their consent.
(15) Minnesota Statutes, § 609.50, subd. 1(2)--(4), which prohibits interference with a peace officer, firefighter, or member of an ambulance service in the performance of their official duties.
(16) Minnesota Statutes, § 609.713, subd. 1, which prohibits threatening to commit a violent crime with the intent to terrorize another or to cause the evacuation of a building.
(17) Minnesota Statutes, § 609.71, which prohibits riot.
(18) Minnesota Statutes, § 609.226, relating to great or substantial bodily harm caused by dangerous dogs and the negligent confinement of dangerous dogs.
(19) Minnesota Statutes, § 609.78, which prohibits intentional interference with "911" phone calls.
(20) Minnesota Statutes, § 243.166, subd. 6, which ascribes punishment for violating the statute's registration requirement (Predatory Offender Registration). A tenant is not subject to this section simply because they are required to register and properly do register.
(21) Minnesota Statutes, § 609.229 (Crime committed for benefit of a gang).
(22) Minnesota Statutes, § 609.903 (Racketeering).
(23) Minnesota Statutes, § 609.53, which prohibits stolen property, but only if the value of the property, which must be no less than $1,000, is such that the underlying theft would qualify as a felony.
(24) Minnesota Statutes, §§ 609.255 (False Imprisonment) and 609.25 (Kidnapping).
(c) Violations and resulting action. Upon a determination by the Faribault Police Department that disorderly conduct has been committed on a licensed premises, as described in paragraph (a), the city shall take the following actions:
(1) For a first instance of disorderly conduct, a notice describing the specific violation(s) will be sent to the licensee via First Class mail along with a directive for the licensee to take steps to prevent further violations. The licensee shall notify the tenant or tenants within ten (10) days of the notice of disorderly conduct violation.
(2) If a second instance of disorderly conduct occurs within a rolling twelve-month time period for the same tenancy, a second notice describing the specific violation(s) will be sent to the licensee via First Class mail along with a directive for the licensee to submit a written report to the Faribault Police Department within ten (10) calendar days of receipt of the notice of disorderly use of the licensed premises which details all actions taken by the licensee in response to the previous notices of disorderly conduct on the licensed premises. The licensee shall notify the tenant or tenants within ten (10) days of the notice of disorderly conduct violation.
(3) If a third instance of disorderly conduct occurs within a rolling twelve-month time period for the same tenancy, the rental dwelling license for the licensed premises may be suspended, revoked or not renewed by the city. An action to suspend, revoke, or not renew a rental dwelling license under this article shall be initiated by the compliance official or designee(s) pursuant to the procedures outlined in section 7-44 herein. The licensee shall notify the tenant or tenants within ten (10) days of the notice of disorderly conduct violation, and proceed with termination of the tenancy of all tenants occupying the unit. In addition to notice, tenants shall also have the right to request a hearing to contest the Faribault Police Department's determination that the tenant has committed disorderly conduct, which includes the ability to challenge all three (3) determinations of disorderly conduct, pursuant to the procedure set forth in section 7-42 (f)(2).
(4) If the compliance official or designee(s) determines that the licensee has proceeded in good faith to secure termination of the tenancy in accordance with this subsection, but was unsuccessful for reasons beyond the licensee's reasonable control, then the licensee shall not be subject to the penalties.
(5) In lieu of revoking, suspending or not renewing the rental license under section 7-44 herein, the compliance official or designee(s) may require an action plan to be completed and complied with by the licensee, manager or local agent within a designated time frame which outlines the steps necessary to be taken and complied with in order to correct identified violations and the measures to be taken to ensure ongoing compliance with the city Code and other applicable laws.
(d) Determining disorderly conduct. A determination that a licensed premises or any particular dwelling unit has been the location of a disorderly conduct violation shall be made upon a finding of fact by the Faribault Police Department by a preponderance of the evidence. It shall not be necessary that criminal charges be brought in order to support such finding, nor shall the dismissal or acquittal of such a criminal charge operate as a bar to any action under this section.
(e) Review of disorderly conduct determination. Within five (5) days of being notified of an instance of disorderly conduct occurring on the licensed premises under section 7-41 (c)(1) or (2), the licensee or tenant may submit information to the Faribault Police Department and seek reconsideration of the determination that disorderly conduct has occurred in the rental unit in violation of this article. The member of the Faribault Police Department who initially determined the existence of the disorderly conduct shall respond to the licensee's or tenant's request for reconsideration within ten (10) days after receipt of the request. Any determination of disorderly conduct which results in the revocation, suspension or nonrenewal of a rental license will be reviewed by the city council pursuant to the provisions of section 7-44 (e) herein.
(f) Notices. All notices given by the city under this article shall be personally served on the licensee or sent by First Class mail to the licensee's address as provided to the city. If neither method of service effects notice, the city may provide notice to the licensee by posting on a conspicuous place on the licensed premises. All notices shall include notice of the provisions of section 7-41 (j).
(g) Lease termination. In addition to the licensee's responsibilities to respond to disorderly conduct as outlined herein, the licensee may also be required to terminate the tenancy of a tenant that violates the crime free/drug free lease addendum as outlined in section 7-42 herein. No adverse license action shall be imposed by the city where the instance of disorderly conduct on the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a rental license based on violations of this article may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use.
(h) Enforcement. Enforcement actions provided in this article shall not be exclusive, and the city may take any action with respect to a licensee, a tenant, guests, or the licensed premises as is authorized by this Code or state law.
(i) No retaliation for making an emergency call . For purposes of verifying instances of disorderly conduct in violation of this section, the following are exceptions:
(1) An "emergency call" within the definition of Minnesota Statutes, § 609.78, subd. 3, as it may be amended from time to time, will not be considered an instance of disorderly behavior for purposes of this section where the victim and suspect are "family or household members" as defined in the Domestic Abuse Act (Minn. Stat. § 518B.01, subd. 2(b)) and where there is a report, call, or complaint of "Domestic Abuse" as defined therein.
(i) "Family or household members" includes spouses and former spouses; parents and children; persons related by blood; persons who are presently residing together or who have resided together in the past; persons who have a child in common regardless of whether they have been married or have lived together at any time; a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or lived together at any time; and persons involved in a significant romantic or sexual relationship.
(ii) "Domestic abuse" includes the following, if committed against a family or household member by a family or household member: physical harm, bodily injury, or assault; the infliction of fear of imminent physical harm, bodily injury, or assault; or terroristic threats, criminal sexual conduct, or interference with an emergency call.
(2) An "emergency call" within the definition of Minnesota Statutes, § 609.78, subd. 3, as it may be amended from time to time, will not be considered an instance of disorderly behavior for purposes of this section where the call is the result of a tenant, or a member of the tenant's household, or a guest taking action to seek emergency assistance that is protected by Minnesota Statutes § 504B.205, relating to a residential tenant's right to seek police and emergency assistance.
(3) An "emergency call" within the definition of Minnesota Statutes, § 609.78, subd. 3, as it may be amended from time to time, will not be considered an instance of disorderly behavior for purposes of this section where the call is the result of an emergency assistance that is protected by Minnesota Statutes § 604A.04, relating to a person who is not a health care professional who acts in good faith in administering an opiate antagonist to another person whom the person believes in good faith to be suffering a drug overdose.
(j) Tenant victim . For purposes of determining disorderly conduct events triggering notice of a violation, the police department will evaluate whether the tenant is the alleged victim of the underlying disorderly conduct offense. A "tenant victim" is an individual who was a victim, or whose household member or guest was a victim, in whole or in part of the incidents that formed the basis of the disorderly conduct offense, including but not limited to domestic abuse as defined in section 7-41 (i)(1). Where the perpetrator is not a tenant, no notice of violation will be sent. Where the perpetrator is a tenant, the police department will note the tenant's victim status when providing notice of a disorderly conduct event to a licensee. The licensee will note any determination of a tenant-victim and will not take any action against the tenant-victim or other household occupants who did not perpetrate the offense. The notice required by section 7-41 (c) shall include notice of the provisions in this section 7-41(j) and Minnesota Statutes § 504B.206, "Right of Victims of Violence to Terminate Lease." Any decision or related order in a proceeding imposing enforcement action pursuant to section 7-41 (c)-(h) with respect to an individual shall make a finding whether that individual is a victim and may be subject to such enforcement action under this section 7-41 (j).
A tenant may not waive and a license holder may not require the tenant to waive the tenant's right under law to call for police or emergency assistance. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations, or lease terms when such unlawful conduct or violation is unrelated to the conduct of which the tenant, or a member of the tenant's household, or guest is the victim.
(k) Falsely reporting violations. No person shall report a violation of this article or city ordinance knowing or having reason to know that the report is false with the intent to affect the licensing status or inspection schedule of the licensed premises.
(l) Tenant responsibilities.
(1) Access to licensed premises. When required by Minnesota Statutes, each tenant or occupant of a rental dwelling must give the owner, agent, or authorized city official access to any part of such rental dwelling unit at reasonable times for the purpose of inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this article.
(2) Compliance with regulations. A tenant must comply with applicable city Codes and all applicable local, state, and federal regulations. A tenant is responsible for compliance with all applicable city Code, nuisance, and violations of disorderly conduct as specified in this section that occur in the dwelling unit, including violations committed by household members or guests.