CHAPTER 123. NUISANCES HOUSES OF PROSTITUTION. Person, defined. Building, defined. House of prostitution, etc., declared a nuisance. Action to abate nuisance. (S. B. No. 38, by Senator H R. Robinson.) AN ACT CONCERNING NUISANCES, AND PROVIDING PENALTIES AND Be It Enacted by the General Assembly of the State of Colorado: Section 1. The term "person" as used in this act shall be deemed and held to mean and include individuals, corporations, associations, partnerships, trustees, lessees, agents and assignees. The term "building" as used in this act shall be deemed and held to mean and include so much of any building or structure of any kind as is or may be entered through the same outside entrance. Sec. 2. Every building or part of a building and the ground itself upon which such building or part of a building is situated together with the furniture, fixtures, musical instruments and contents of any such building or part of a building when used or resorted to as a public or private place of lewdness, assignation or prostitution, shall be deemed a nuisance; and may be restrained and abated by injunction as hereinafter provided. Sec. 3. Whenever there is reason to believe that such nuisance, as defined in this act, is kept, maintained or exists in any county or city and county, the district attorney of such county or city and county, in the name of the People of the State of Colorado must, or any citi zen of the State resident within said county or city and county may, maintain an action in equity to abate and prevent such nuisance and to perpetually enjoin the person or persons conducting or maintaining the same, and the owner, lessee or agent of the building or place in or upon which such nuisance exists, from directly or indirectly maintaining or permitting such nuisance. Sec. 4. The complaint in such action must be veri- Complaint. fied unless filed by the district attorney. Whenever the existence of such nuisance is shown in such action to the satisfaction of the court or judge thereof, either by Temporary verified complaint or affidavit, the court or judge shall injunction. allow a temporary writ of injunction to abate and prevent the continuance or recurrence of such nuisance. cedence. of action. Sec. 5. The action when brought shall have preced- Action shall ence over all other actions, excepting criminal proceed- have preings, election contests and hearings on injunction, and in such action evidence of the general reputation of the Evidence. place or of its habitues shall be admissible for the purpose of proving the existence of said nuisance. If the complaint is filed by a citizen, it shall not be dismissed by the plaintiff except upon a sworn statement made by Dismissal the complainant and his attorney setting forth the reasons why the action should be dismissed, and the dismissal approved by the district attorney in writing or in open court. In case of failure to prosecute any such action with reasonable diligence or at the request of the plaintiff, the court in its discretion may substitute any prosecute citizen consenting thereto for such plaintiff, or the dis- tion of plaintrict attorney may be substituted for the complaining party and prosecute said action to judgment. If the action is brought by a citizen and the court finds that Costs if no there was no reasonable ground or cause for said action, the cost may be taxed to such citizen. Failure to -substitut tiff. reasonable cause. violation of injunction. Sec. 6. Any violation or disobedience of any in- Penalty for junction or order expressly provided for by this act shall be punished as a contempt of court by a fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than one month nor more than six months, or by both such fines and imprisonment. Sec. 7. If the existence of the nuisance be estab- When order lished in an action as provided in this act, an order of of abatement issues, Sale of furniture, etc. Building closed, Fees of officer. Disposition of proceeds of sale. When owner may have order of abatement withdrawn. Bond. abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building or place of all fixtures, furniture, musical instruments and movable property used in conducting, maintaining, aiding or abetting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and the effectual closing of the building or place against its use for any purpose,and so keeping it closed for a period of one year, unless sooner released, as hereinafter provided. While such order remains in effect as to closing, such building or place shall be and remain in the custody of the court. For removing and selling the movable property, the officer shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution and for closing the premises and keeping them closed a reasonable sum shall be allowed by the court. Sec. 8. The proceeds of the sale of the property, as provided in the preceding section, shall be applied as follows: 1st. To the fees and costs of such removal and sale. 2nd. To the allowance and cost of so closing and keeping closed such building or place. 3rd. To the payment of plaintiff's costs in such action. 4th. The balance, if any, shall be paid to the owner of the property to be sold. Sec. 9. If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees and allowances which are a lien on the building or place, and files a bon 1 in the full value of said property, to be ascertained by the court, with sureties to be approved by the court or judge, conditioned that he will immediately abate any such nuisance that may exist at such building or place and prevent the same from being established or kept thereat, within a period of one year thereafter, the court or judge thereof may, if satisfied of his good faith, order the premises closed under order of abatement to be de livered to said owner, and said order of abatement can celed so far as the same may relate to said property. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty or liability to which it may be subject by law. Sec. 10. Whenever the owner of a building or place when fine upon which the act or acts constituting the contempt for contempt lien against shall have been committed, or of any interest therein, property. has been guilty of a contempt of court and fined therefor in any proceedings under this act, such fine shall be a lien upon such building or place to the extent of the interest of such person therein, enforceable and collectible by execution issued by order of the court. Sec. 11. All acts and parts of acts in conflict with Repeal. the provisions of this act are hereby repealed; Provided, That nothing herein shall be construed as repealing any law for the suppression of lewdness, assignation or pros titution, nor shall anything in this statute repeal any law declaring or defining a nuisance. Approved: April 12, 1915. CHAPTER 124. OFFICIAL REPORTS Governor shall approve official reports before printing. Number of copies. Repeal. (S B. No. 353, by Senator Wm. C. Robinson and Mr. Green.) AN ACT CONCERNING THE PRINTING OF REPORTS OF PUBLIC OFFICERS. Be It Enacted by the General Assembly of the State of Colorado: Section 1. No annual or biennial report of any officer, board, commission, commissioner, board of regents or board of trustees, shall hereafter be printed at the expense of the state until the Governor has designated in writing on such report how much thereof shall be printed and how many copies thereof shall be printed. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. Approved: March 24, 1915. |