Places declared nuisances subject to abatement.

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(a) Any place that, as a regular course of business, is used for the purpose of prostitution and any place where acts of prostitution or commercial sexual solicitation occur.

(b) Any place that is used and maintained for profit and for the purpose of gambling or a lottery, as defined in ORS 167.117, by any person, partnership or corporation organized for profit and wherein take place any of the acts or wherein are kept, stored or located any of the games, devices or things that are forbidden by or made punishable by ORS 167.108 to 167.164.

(c) Any place that has been determined to be not fit for use under ORS 453.876 and that has not been decontaminated and certified as fit for use under ORS 453.885 within 180 days after the determination under ORS 453.876.

(d) Any place where activity involving the unauthorized delivery, manufacture or possession of a controlled substance, as defined in ORS 475.005, occurs or any place wherein are kept, stored or located any of the devices, equipment, things or substances used for unauthorized delivery, manufacture or possession of a controlled substance. As used in this paragraph, "devices, equipment, things" does not include hypodermic syringes or needles.

(e) Any place where activity involving a misdemeanor or felony offense described in ORS 475C.337, 475C.341, 475C.345 or 475C.349 occurs or any place wherein are kept, stored or located any of the devices, equipment, things or substances used for a misdemeanor or felony offense described in ORS 475C.337, 475C.341, 475C.345 or 475C.349. As used in this paragraph, "devices, equipment, things or substances" does not include hypodermic syringes or needles.

(2) Nothing in ORS 105.550 to 105.600, 166.715 and 167.158 applies to property to the extent that the devices, equipment, things or substances that are used for delivery, manufacture or possession of a controlled substance, or for commission of an offense described in ORS 475C.337, 475C.341, 475C.345 or 475C.349, are kept, stored or located in or on the property for the purpose of lawful sale or use of the devices, equipment, things or substances. [1989 c.846 §3; 1989 c.915 §24; 1999 c.168 §7; 2005 c.706 §1; 2005 c.708 §43; 2011 c.151 §6; 2015 c.98 §4; 2017 c.21 §37]


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