ENV H 471: ENVIRONMENTAL HEALTH REGULATION
STATUTES & REGULATIONS

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NUISANCES

Idaho Statutes (1979)


 
18-5901.Ý Public nuisance defined.Ý Anything which is injurious to health, 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 by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, stream, canal or basin, or any public park, square, street, or highway, is a public nuisance.

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18-5903.Ý Public nuisance - Unequal damage.Ý An act which.affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a nuisance because the extent or damage inflicted upon individuals is unequal.

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18-5903.Ý Punishment for nuisance.Ý Every person who maintains or commits any public nuisance, the punishment for which is not otherwise proscribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.

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52-201.Ý Not legalized by proscription.Ý No lapse of time can legalize a public nuisance , amounting to an actual obstruction of public right.

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52-202.Ý Remedies.Ý The remedies against a public nuisance are:
Ý(1) Indictment on information;
Ý(2) A civil action; or,
Ý(3) Abatement.

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52-203.Ý Abatement by public body or officer.Ý A public nuisance may be abated by any public body or officer authorized thereto by law.

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52-206.Ý Abatement by private person.Ý 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.

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Revised: 12/25/99