4 chapters · 37 sections in this title.
Idaho Code § 52-101 Nuisance defined
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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…
Idaho Code § 52-102 Public nuisance
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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.
Idaho Code § 52-103 Moral nuisances — Definitions
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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 …
Idaho Code § 52-104 Moral nuisances — Types
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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…
Idaho Code § 52-105 Moral nuisances — Personal property — Knowledge of nuisance
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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…
Idaho Code § 52-106 Moral nuisances — Building where gambling is carried on
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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…
Idaho Code § 52-107 Private nuisance
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52-107. Private nuisance. Every nuisance not defined by law as a public nuisance or a moral nuisance, is private.
Idaho Code § 52-108 When not a nuisance
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52-108. When not a nuisance. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.
Idaho Code § 52-109 Liability of successive owners for continuing nuisance
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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.
Idaho Code § 52-110 Abatement does not preclude action
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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.
Idaho Code § 52-111 Actions for nuisance
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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…
Idaho Code § 52-201 Not legalized by prescription
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52-201. Not legalized by prescription. No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.
Idaho Code § 52-202 Remedies
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52-202. Remedies. The remedies against a public nuisance are: 1. Indictment or information; 2. A civil action; or, 3. Abatement.
Idaho Code § 52-203 Indictment or information
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52-203. Indictment or information. The remedy by indictment or information is regulated by the Penal Code.
Idaho Code § 52-204 Action by private person
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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…
Idaho Code § 52-205 Abatement by public body or officer
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52-205. Abatement by public body or officer. A public nuisance may be abated by any public body or officer authorized thereto by law.
Idaho Code § 52-206 Abatement by private person
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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.
Idaho Code § 52-301 Remedies for private nuisances
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52-301. Remedies for private nuisances. The remedies against a private nuisance are: 1. A civil action; or, 2. Abatement.
Idaho Code § 52-302 Abatement — When allowed
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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.
Idaho Code § 52-303 Abatement — When notice is required
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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.
Idaho Code § 52-401 Cumulative remedy
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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…
Idaho Code § 52-402 Who may maintain action
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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…
Idaho Code § 52-403 Pleadings — Jurisdiction — Venue — Application for temporary injunction
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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…
Idaho Code § 52-404 Order restraining removal of personal property from premises — Service — Punishment
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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…
Idaho Code § 52-405 Notice of hearing on temporary injunction — Consolidation
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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…
Idaho Code § 52-406 Right to possession of real property and personal property after hearing on the temporary injunction — Conditions for avoidance of temporary forfeiture
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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 …
Idaho Code § 52-407 Right to possession of real property and personal property after finding of public nuisance — Conditions for reentry and repossession
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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…
Idaho Code § 52-408 Priority of action
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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.
Idaho Code § 52-409 Evidence
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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…
Idaho Code § 52-410 Evidence of reputation admissible
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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…
Idaho Code § 52-411 Costs
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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…
Idaho Code § 52-412 Content of final judgment and order
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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…
Idaho Code § 52-413 Court shall punish offender for violation of injunction or order
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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…
Idaho Code § 52-414 Lease void if building used for lewd purposes
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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…
Idaho Code § 52-415 Civil penalty — Forfeiture — Accounting — Lien as to expenses of abatement
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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…
Idaho Code § 52-416 Immunity
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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…
Idaho Code § 52-417 Severability
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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…