Section 52-416 – IMMUNITY.
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, provided that such projectionist, usher, or ticket taker: (1) has no […]
Section 52-417 – SEVERABILITY.
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 each section, sentence, or clause thereof, irrespective of the fact […]
Section 52-205 – ABATEMENT BY PUBLIC BODY OR OFFICER.
52-205. ABATEMENT BY PUBLIC BODY OR OFFICER. A public nuisance may be abated by any public body or officer authorized thereto by law. History: [(52-205) R.S., sec. 3634; reen. R.C. & C.L., sec. 3666; C.S., sec. 6434; I.C.A., sec. 51-205.]
Section 52-412 – CONTENT OF FINAL JUDGMENT AND ORDER.
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 of all personal property […]
Section 52-206 – ABATEMENT BY PRIVATE PERSON.
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. History: [(52-206) R.S., sec. 3635; reen. R.C. & C.L., sec. 3667; C.S., sec. 6435; […]
Section 52-413 – COURT SHALL PUNISH OFFENDER FOR VIOLATION OF INJUNCTION OR ORDER.
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 summarily try and punish the offender. The trial […]
Section 52-301 – REMEDIES FOR PRIVATE NUISANCES.
52-301. REMEDIES FOR PRIVATE NUISANCES. The remedies against a private nuisance are: 1. A civil action; or, 2. Abatement. History: [(52-301) R.S., sec. 3640; reen. R.C. & C.L., sec. 3668; C.S., sec. 6436; I.C.A., sec. 51-301.]
Section 52-414 – LEASE VOID IF BUILDING USED FOR LEWD PURPOSES.
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 option of the owner, and, without […]
Section 52-302 – ABATEMENT — WHEN ALLOWED.
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. History: [(52-302) R.S., sec. 3641; reen. R.C. & C.L., sec. 3669; C.S., sec. 6437; I.C.A., sec. 51-302.]
Section 52-415 – CIVIL PENALTY — FORFEITURE — ACCOUNTING — LIEN AS TO EXPENSES OF ABATEMENT.
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 declared to be a moral nuisance under section 52-105, Idaho […]