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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