Misdemeanor drug and marijuana possession would no longer count as a nuisance under the law, and all drug-related cases would require at least one incident personally witnessed by a sworn officer, in order to eliminate cases with confidential informants as the sole witnesses.
The city could no longer bar people from any property for longer than a year, or three years in “unique circumstances,” which would eliminate settlements in which families barred loved ones from their homes for life. Further, the council’s amendments would narrow the allowed settlement provisions to those aimed at abating a specific nuisance, “not to inflict punitive damages or more generally deter bad behavior.” The city could also no longer close a business or deprive any person of property rights if they were unaware of the nuisance.
A spokesman for the mayor said the changes preserve an important tool for keeping communities safe “while ensuring that the rights of individuals are protected and due process is respected.”
