Title 16, Practice, Procedure, And Courts

Jurisdiction is conferred upon the circuit courts of this state to abate the public nuisances defined in § 16-105-204, upon petition in the name of the state, upon relation of the Attorney General or any prosecuting attorney of the state, or without the concurrence of the officer…

(a) Whenever a public nuisance, as defined in this subchapter, is kept, maintained, carried on, or exists in any county in this state, a bill or petition may be filed in any circuit court of the county, in the name of the state, by and upon the relation of any persons named in § …

(a) (1) In the proceedings, the circuit court, upon the presentation of a bill therefor alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases where the bill is filed by citizens and freeholders.(2) H…

(a) Upon the trial of all causes pursuant to this subchapter, evidence of the general reputation of the building or place where the public nuisance is alleged to exist shall be admissible for the purpose of proving or tending to prove the existence of the public nuisance. (b) (1)…

(a) If, upon the trial of a cause pursuant to this subchapter, the existence of the public nuisance is established, an order of abatement shall be entered as part of the judgment or decree of the circuit court. (b) (1) The order shall direct the removal from the building or place…

(a) When one (1) of two (2) or more joint owners has been served with the notice prescribed in this subchapter, the cause shall proceed against the owner on whom notice has been served, and the proceeding shall not be a bar to subsequent proceedings against one (1) or all of the …

In all cases wherein the bill or petition is filed upon the relation of a prosecuting attorney of this state and a permanent injunction is granted therein, the officer shall receive such fees as are now provided by law for convictions for the illegal sale of intoxicating liquors.…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Dance hall” means any building, premise, pavilion, or place of business wherein dancing is permitted, conducted, or engaged in, by the public in general, either for profit or not; and(2) “Owner” means any …

(a) If any person shall break into or enter or use any building or place while closed under a preliminary injunction granted under the provisions of this subchapter or shall violate any permanent injunction under the provisions of this subchapter, he or she shall be subject to pu…

The operation of a dance hall in which, or around which, public disturbances, the unlawful drinking of intoxicating liquors, quarrels, affrays, or general breaches of the peace are frequent is declared to be a public nuisance and detrimental to the public morals and may be abated…

(a) Jurisdiction is conferred upon the circuit courts of this state to abate the public nuisance defined in § 16-105-303, upon petition in the name of the State of Arkansas on relation of the Attorney General or any prosecuting attorney of the state or without the concurrence of …

(a) Whenever a public nuisance, as defined in this subchapter, is kept, maintained, carried on, or exists in any county in this state, a bill or petition may be filed in any circuit court of the county, in the name of the State of Arkansas, by and upon the relation of any person …

(a) (1) The circuit court, upon the presentation of a bill in the proceedings alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases in which the bill is filed by citizens and electors and freeholders…

Upon the trial of all causes pursuant to this subchapter, evidence of the general reputation of the building or place where the public nuisance is alleged to exist shall be admissible for the purpose of proving or tending to prove the existence of the public nuisance.

(a) If upon the trial of a cause pursuant to this subchapter, the existence of the public nuisance is established, an order of abatement shall be entered as part of the judgment or decree of the circuit court. (b) The order shall direct the removal from the building or place wher…

(a) When one (1) of two (2) or more joint owners has been served with the notice prescribed in this subchapter, the cause shall proceed against the owner on whom notice has been served. The proceeding shall not be a bar to subsequent proceedings against one (1) or all of the join…

This subchapter shall be called the “Arkansas Drug Abatement Act of 1989”.

(a) As used in this section, “owner” means a person in whom is vested the ownership and title of property and who is the owner of record, including without limitation a local, city, state, or federal governmental entity. (b) (1) A store, shop, warehouse, dwelling house, building,…

(a) As used in this section, “established neighborhood or community organization” means a group, whether or not incorporated, that:(1) Consists of persons who reside or work at or in a building, complex of buildings, street, block, or neighborhood any part of which is located on …

Unless filed by the prosecuting attorney, or the city attorney of an incorporated city, the complaint in the action shall be verified.

If the existence of the common nuisance is shown in the action to the satisfaction of the court or judge, the court or judge shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the common nuisance. The notice requirements of Rule 65 of…

On granting the temporary writ, the court or judge shall require a bond on the part of the applicant to the effect that the applicant will pay to the defendant enjoined such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction if…

The action shall have precedence over all other actions, except criminal proceedings, election contests, and hearings on injunctions.

If a complaint under this subchapter is filed by a citizen of the state, resident of the county, or established neighborhood or community organization, the complaint shall not be dismissed by the citizen of the state, resident of the county, or established neighborhood community …

If a cause of action under this subchapter is brought by a citizen of the state, resident of the county, or established neighborhood or community organization and the court finds there was no reasonable ground or cause for the cause of action, the costs incurred by the defendant …

If the existence of the common nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and the plaintiff's costs in the action are a lien upon the building or place. The lien is enforceable and collectible by execution is…

A violation or disobedience of the injunction or order for abatement is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than one (1) nor more th…

(a) If the existence of the common nuisance is established in the action, an order of abatement shall be entered as a part of the judgment, which order shall direct the removal from the building or place of all fixtures and other movable property used in conducting, maintaining, …

While the order of abatement remains in effect, the building or place is in the custody of the court.

For removing and selling the movable property, the city, county, or responsible law enforcement agency is entitled to charge and receive the same fees as would be charged and received for levying upon and selling like property on execution; and for closing the premises and keepin…

(1) The proceeds of the sale of the movable property shall be applied as follows:(1) First, to the fees and costs of the removal and sale;(2) Second, to the allowances and costs of closing and keeping closed the building or place;(3) Third, to the payment of the plaintiff's costs…

(a) 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 that are a lien on the building or place and files a bond in the full value of the property conditioned that the owner w…

(a) Whenever the owner of a building or place upon which the act or acts constituting the contempt have been committed, or the owner of any interest therein, has been guilty of a contempt of court, and fined in any proceedings under this subchapter, the fine is a lien upon the bu…

(1) As used in this subchapter:(1) “Local unit of government” means a county, city of the first class, city of the second class, or incorporated town;(2) “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity; and(3) “Sport shoo…

(a) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the sport shootin…

This subchapter does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before August 1, 1997.