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 […]
Section 52-104 – MORAL NUISANCES — TYPES.
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 where a lewd film is publicly […]
Section 52-105 – MORAL NUISANCES — PERSONAL PROPERTY — KNOWLEDGE OF NUISANCE.
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 be a moral nuisance. (B) All valuable consideration received […]
Section 52-106 – MORAL NUISANCES — BUILDING WHERE GAMBLING IS CARRIED ON.
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 kept, or any notice, sign or device advertising or indicating […]
Section 52-107 – PRIVATE NUISANCE.
52-107. PRIVATE NUISANCE. Every nuisance not defined by law as a public nuisance or a moral nuisance, is private. History: [52-107, added 1976, ch. 82, sec. 2, p. 274.]
Section 52-108 – WHEN NOT A NUISANCE.
52-108. WHEN NOT A NUISANCE. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. History: [52-108, added 1976, ch. 82, sec. 2, p. 274.]
Section 52-109 – LIABILITY OF SUCCESSIVE OWNERS FOR CONTINUING 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. History: [52-109, added 1976, ch.82, sec. 2, p. […]
Section 52-110 – ABATEMENT DOES NOT PRECLUDE ACTION.
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. History: [52-110, added 1976, ch. 82, sec. 2, p. 274.]
Section 52-111 – ACTIONS FOR NUISANCE.
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. In the case of a moral […]