Title 52 — NUISANCES

52-101. Nuisance defined. Anything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or…

52-102. Public nuisance. A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

52-103. Moral nuisances — Definitions. As used in title 52, Idaho Code, relating to moral nuisances. (A) "Knowledge" or "knowledge of such nuisance" means having knowledge of the contents and character of the patently offensive sexual conduct which appears in the lewd matter, or …

52-104. Moral nuisances — Types. The following are declared to be moral nuisances: (A) Any and every place in the state where lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such exhibition; (B) Any and every place in the state w…

52-105. Moral nuisances — Personal property — Knowledge of nuisance. The following are also declared to be moral nuisances, as personal property used in conducting and maintaining a moral nuisance: (A) All monies paid as admission price to the exhibition of any lewd film found to…

52-106. Moral nuisances — Building where gambling is carried on. Any building, place, or the ground itself, wherein or whereon gambling or any game of chance for money, checks, credit or other representatives of value is carried on or takes place, or gambling paraphernalia is kep…

52-107. Private nuisance. Every nuisance not defined by law as a public nuisance or a moral nuisance, is private.

52-108. When not a nuisance. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.

52-109. Liability of successive owners for continuing nuisance. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of such property, created by a former owner, is liable therefor in the same manner as the one who first created it.

52-110. Abatement does not preclude action. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.

52-111. Actions for nuisance. Anything which is injurious to health or morals, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance and the subject of an action…

52-201. Not legalized by prescription. No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.

52-202. Remedies. The remedies against a public nuisance are: 1. Indictment or information; 2. A civil action; or, 3. Abatement.

52-203. Indictment or information. The remedy by indictment or information is regulated by the Penal Code.

52-204. Action by private person. A private person may maintain an action: 1. For a moral nuisance, if he be a resident citizen of the county, whether the nuisance complained of is specially injurious to him or not. 2. For any other public nuisance, if it is specially injurious t…

52-205. Abatement by public body or officer. A public nuisance may be abated by any public body or officer authorized thereto by law.

52-206. Abatement by private person. Any person may abate a public nuisance which is specially injurious to him, by removing, or if necessary, destroying, the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.

52-301. Remedies for private nuisances. The remedies against a private nuisance are: 1. A civil action; or, 2. Abatement.

52-302. Abatement — When allowed. A person injured by a private nuisance may abate it by removing, or, if necessary, destroying, the thing which constitutes the nuisance, without committing a breach of the peace, or doing unnecessary injury.

52-303. Abatement — When notice is required. Where a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon his land, reasonable notice must be given to him before entering to abate it.

52-401. Cumulative remedy. In addition to any other remedy provided by law, any act, occupation, structure or thing which is a moral nuisance, may be abated, and the person doing such act or engaged in such occupation, and the owner and agent of the owner of any such structure or…

52-402. Who may maintain action. The attorney general, prosecuting attorney, or any private resident citizen of the county may maintain an action of an equitable nature, as relator, in the name of the state of Idaho, to abate a moral nuisance, perpetually to enjoin all persons fr…

52-403. Pleadings — Jurisdiction — Venue — Application for temporary injunction. The action, provided for in this chapter, shall be brought in any court of competent jurisdiction in the county in which the property is located. Such action shall be commenced by the filing of a ver…

52-404. Order restraining removal of personal property from premises — Service — Punishment. Where such application for a temporary injunction is made, the court may, on application of the complainant showing good cause, issue an ex parte restraining order, restraining the defend…

52-405. Notice of hearing on temporary injunction — Consolidation. A copy of the complaint, together with a notice of the time and place of the hearing of the application for a temporary injunction, shall be served upon the defendant at least five (5) days before such hearing. Th…

52-406. Right to possession of real property and personal property after hearing on the temporary injunction — Conditions for avoidance of temporary forfeiture. If upon hearing, the allegations of the complaint are sustained by clear and convincing evidence that a moral nuisance …

52-407. Right to possession of real property and personal property after finding of public nuisance — Conditions for reentry and repossession. The owner of any real or personal property to be closed or restrained, or which has been closed or restrained, may appear between the fil…

52-408. Priority of action. The action provided for in this chapter shall be set down for trial within ninety (90) days and shall have precedence over all other cases except crimes, election contests, or injunctions.

52-409. Evidence. In such action, an admission or finding of guilty of any person under the criminal laws against lewdness, prostitution, or assignation at any such place, is admissible for the purpose of proving the existence of said nuisance, and is prima facie evidence of such…

52-410. Evidence of reputation admissible. At all hearings upon the merits, evidence of the general reputation of the building or place constituting the alleged nuisance, of the inmates thereof, and of those resorting thereto, is admissible for the purpose of proving the existenc…

52-411. Costs. If the action is brought by a private person and the court finds that there were no reasonable grounds or probable cause for bringing said action, and the case is dismissed for that reason before trial, or if the action is dismissed for want of prosecution, the cos…

52-412. Content of final judgment and order. If the existence of a nuisance is admitted or established in an action as provided for in this chapter, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the place o…

52-413. Court shall punish offender for violation of injunction or order. In case of the violation of any injunction or closing order, granted under this chapter, or of a restraining order or the commission of any contempt of court in proceedings under this chapter, the court may…

52-414. Lease void if building used for lewd purposes. If a tenant or occupant of a building or tenement, under a lawful title, uses such place for the purposes of lewdness, assignation, or prostitution, such use makes void the lease or other title under which he holds, at the op…

52-415. Civil penalty — Forfeiture — Accounting — Lien as to expenses of abatement. Lewd matter is contraband, and there are no property rights therein. All personal property declared to be a moral nuisance in section 52-104, Idaho Code, and all monies and other considerations de…

52-416. Immunity. The provisions of any criminal statutes with respect to the exhibition of, or the possession with the intent to exhibit, any obscene film shall not apply to a motion picture projectionist, usher, or ticket taker acting within the scope of his employment, provide…

52-417. Severability. If any section, subsection, sentence, or clause of this act is adjudged to be unconstitutional or invalid, such adjudication shall not affect the validity of the remaining portion of this act. It is hereby declared that this act would have been passed, and e…