Clearwater, Minn., Code of Ordinances ch. 8 § 8-2
Definitions
Operative Text
For the purpose of this section the following terms shall have the meanings ascribed to them. Appropriate action means action which a reasonable rental property owner would take based upon the facts and circumstances of each case so as to prevent a recurrence of a disorderly use. Disorderly or disorderly use means proof by a preponderance of the evidence of one or more separate behavioral incidents described below: (1) Illegal drug-related activity occurring in or near the rental dwelling unit. Illegal drug-related activity means the illegal possession or constructive possession, manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell or distribute a controlled substance, as defined in the Controlled Substance Act (21 U.S.C. § 802), or possession of drug paraphernalia per Minn. Stats. § 152.092. (2) Any act or threat of violence including, but not limited to, the discharge of firearms, prostitution, intimidation or any other act that otherwise jeopardizes the health, safety or welfare of the owner, agent, manager, other tenants, tenant's family members, guests or neighboring property owners. (3) Minn. Stats. §§ 609.75 through 609.76 (prohibiting gambling). (4) Minn. Stats. §§ 609.321 through 609.324 (prohibiting prostitution and acts relating thereto). (5) Minn. Stats. § 152.01 et seq., which prohibits the unlawful sale or possession of controlled substances. (6) Minn. Stats. § 340A.401, which prohibits the unlawful sale of alcoholic beverages. (7) Minn. Stats. § 340A.503, which prohibits the underage use of alcoholic beverages. (8) Clearwater City Code, chapter 14 , which regulates various public nuisances and prohibited uses of the property. (9) Minn. Stats. §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, which prohibit the unlawful possession, transportation, sale or use of a weapon. (10) Minn. Stats. § 609.72, which prohibits disorderly conduct, when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation. (11) Minn. Stats. §§ 609.185 through 609.205, which prohibit murder and manslaughter. (12) Minn. Stats. §§ 609.221 through 609.2231, which prohibit assault. (13) Minn. Stats. §§ 609.342 through 609.3451, which prohibit criminal sexual conduct. (14) Minn. Stats. § 609.52, which prohibits theft. (15) Minn. Stats. §§ 609.561 through 609.5632, which prohibit arson. (16) Minn. Stats. § 609.582, which prohibits burglary. (17) Minn. Stats. § 609.595, which prohibits damage to property. (18) Minn. Stats. § 609.33, relating to owning, leasing, operating, managing, maintaining or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house. (19) Minn. Stats. § 609.50, which prohibits obstructing the legal process. (20) Minn. Stats. § 609.713, which prohibits terroristic threats. (21) Minn. Stats. § 609.715, which prohibits presence of unlawful assembly. (22) Minn. Stats. § 609.71, which prohibits riot. (23) Minn. Stats. § 609.78, which prohibits interfering with "911" phone calls. (24) Minn. Stats. § 243.166 (predatory offender registration). (25) Minn. Stats. § 609.229, which prohibits gang-related crimes. (26) Minn. Stats. § 609.26, subdivision 1(8), which prohibits contributing to a child being runaway. (27) Minn. Stats. § 609.903, which prohibits racketeering. (28) Minn. Stats. § 609.53, which prohibits possessing stolen property. (29) Minn. Stats. § 609.749, which prohibits violating a restraining order or order for protection. (30) Minn. Stats. §§ 609.255 and 609.25, which prohibit false imprisonment and kidnapping. (31) Minn. Stats. § 609.74, clause (1) and (3), which prohibit maintaining or permitting a public nuisance. Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in the rental premises; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the rental premises, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Rental premises means property which is rented to tenants for residential purposes, pursuant to a written or unwritten lease, and shall refer to all units in a multi-unit complex. The term "rental premises" shall not include rented lots in manufactured home parks, on-campus college or university housing units; Minnesota Department of Health licensed rest homes; convalescent care facilities; licensed group homes; nursing homes; hotels; motels; owner-occupied single-family dwellings; or residential dwellings that are rented to at least one parent, child, sibling, grandparent or spouse of the owner.
Clearwater Code of Ordinances ch. 8 § 8-2 establishes the foundational definitions that govern the city's rental property disorderly-use framework. The provision defines a broad range of behaviors—from drug activity and violent acts to gambling, weapons offenses, and public nuisances—as potential 'disorderly use,' provable by a preponderance of the evidence. It also clarifies who qualifies as an 'owner' and which types of residential properties fall within or outside the ordinance's scope, such as excluding owner-occupied single-family homes and certain licensed care facilities.
Plain English — not legal advice.
Under Clearwater Code of Ordinances ch. 8 § 8-2, compliant rental property operators familiarize themselves with the full list of behaviors that constitute 'disorderly use,' since the ordinance covers an extensive range of conduct by tenants, guests, or others on or near the rental premises. Operators generally document incidents, respond with 'appropriate action'—defined as what a reasonable rental property owner would take to prevent recurrence—and maintain records that demonstrate their response to any reported behavioral incidents. Because the definition of 'owner' is broad and includes agents and managers, anyone exercising control over a rental property should understand that they may be subject to this ordinance's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Clearwater Code of Ordinances ch. 8 § 8-2 defines the types of conduct that can trigger disorderly-use proceedings against a rental property, which may ultimately affect tenants' housing stability. Tenants should be aware that the ordinance covers a wide spectrum of behaviors—not just by the tenant, but potentially by guests or others associated with the unit—and that proof is established by a preponderance of the evidence standard. Tenants who believe they are being improperly implicated in a disorderly-use action may wish to consult a tenant-rights organization or legal aid service familiar with Clearwater's local ordinances to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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