TITLE 52

NUISANCES

CHAPTER 1

NUISANCES IN GENERAL

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 for the sale of any lewd publication which is found to be a moral nuisance.

(C)  The furniture and movable contents of a place which is a moral nuisance.

From and after service of a copy of the notice of hearing of the application for a preliminary injunction, provided for in section 52-405, Idaho Code, upon the place, or its manager, or acting manager, or person then in charge, all such parties are deemed to have knowledge of the acts, conditions or things which make such place a moral nuisance. Where the circumstantial proof warrants a determination that a person had knowledge of the moral nuisance prior to such service of process, the court shall make such finding.

History:

[52-105, added 1976, ch. 82, sec. 2, p. 273.]