§ 83-26. Prohibited.

(a)

For purposes of sections 83-23 to 83-29, a public safety nuisance exists upon evidence of three or more of the following separate incidents, involving citations and/or arrests, committed within the previous 12 months on or within the property of the property owner:

(1)

Prostitution or prostitution-related activity committed within the building or on the property;

(2)

Gambling or gambling-related activity committed within the building or on the property;

(3)

Erecting or continuing after notice to abate a nuisance in violation of O.C.G.A. § 41-1-6;

(4)

The unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled substances committed on or within the property;

(5)

The unlicensed or unpermitted sale of alcoholic beverages committed on or within the property;

(6)

The unlawful furnishing of alcoholic beverages occurring on or within the property in violation; or

(7)

The unlawful use or possession of a weapon in violation of O.C.G.A. § 16-11-122, O.C.G.A. § 16-11-123 or O.C.G.A. § 16-11-126(h), committed on or within the property;

(b)

Evidence of a public safety nuisance may be demonstrated by testimony or records of investigations conducted by public safety, law enforcement or code enforcement personnel; by official records of citations, arrests, and/or criminal convictions or pleas; or by other credible and reliable evidence.

(Amd. of 8-9-16)