CHAPTER 08 Title 5 Nuisances, Public Smoking and Public Intoxication
CHAPTER 8
NUISANCES, PUBLIC SMOKING, AND INTOXICATION
SECTION:
5-8-1: Public Nuisance Defined
5-8-2: Public Nuisance--Unequal Damage
5-8-3: Punishment for Public Nuisance
5-8-4: Public Intoxication
5-8-5: Abatement of Nuisances
5-8-6: Violations and Penalties
5-8-7: Reserved
5-8-8: Reserved
5-8-1: PUBLIC NUISANCE DEFINED: Anything which is injurious to health and
morals, or is indecent or offensive to the senses, or obstructs the free use of property,
interferes with the comfortable enjoyment of life or property, or unlawfully obstructs the
free passage or use, in the customary manner, of any navigable lake, river, stream,
canal, or basin, or any public park, square, street, or highway, is a public nuisance.
5-8-2: PUBLIC NUISANCE--UNEQUAL DAMAGE: An act which affects an
entire community or neighborhood, or any substantial number of persons, as specified in
the preceding section, is not less a nuisance because the extent of the annoyance or
damage inflicted upon individuals is unequal.
5-8-3: PUNISHMENT FOR NUISANCE: Every person who maintains or
commits any public nuisance, or who willfully omits to perform any legal duty relating to
the removal of a public nuisance, is guilty of an infraction.
5-8-4: PUBLIC INTOXICATION: Any person who is intoxicated in or upon any
public street, alley, park, or other public place is guilty of an infraction.
5-8-5: ABATEMENT OF NUISANCES: Notwithstanding the foregoing penalties
for permitting a nuisance and, in addition thereto, the City may declare what is deemed a
nuisance and shall be empowered to prevent, remove, and abate nuisances at the
expense of the parties committing, causing, or maintaining the same, as provided in
Idaho Code Section 50-334.
5-8-6: VIOLATIONS AND PENALTIES: Any violation of the provisions of this
chapter shall be deemed an infraction and shall be subject to penalties prescribed for
such violations under section 1-4-2 of this code. Each day such violation continues,
shall be a separate violation, which shall be deemed as a separate infraction and a
citation may be issued therefore. Violations shall be assessed on a per violation per day
basis.
Title 5, Chapter 8 Page 1 of 1 Revised 7-12-2018