or owners of any land upon or in which any drainage system has been established or constructed in whole or in part or which may hereafter be constructed in whole or in part, may take advantage of the provisions of this title to organize same as a drainage district, for the purpose of completing same or for the purpose of making provision for the payment or funding of any indebtedness incurred in the construction of such system, or either; and providing for the maintenance thereof. The procedure to be followed in such case shall be the same as is herein provided for the organ:zation of a drainage district in the first instance to the extent that same is applicable to the situation; Provided, that the necessary changes and substitutions therein may be made. Provided further, That in the improvement of any natural water course, the rights of the public therein for the purpose of navigation shall not be in any wise impaired. SEC. 4. An emergency existing therefor, this act shall take effect and be in force from and after its passage and approval. Approved March 9, 1915. CHAPTER 43 ENLARGING THE DEFINITION OF PUBLIC NUISANCES, DEFINING MORAL NUISANCES AND PROVIDING FOR THE MORE EFFECTUAL SUPPRESSION THEREOF; DECLARING THE CONDUCTING OF A HOUSE OF ILL-FAME, THE STRUCTURE IN WHICH IT IS CONDUCTED, AND THE CONTENTS THEREOF MORAL NUISANCES, AND PROVIDING FOR AN ACTION OF AN EQUITABLE NATURE TO ABATE MORAL NUISANCES AND ENJOIN PERSONS GUILTY OF MAINTAINING THEM; AMENDING TITLE 14, CHAPTER 1, OF THE CIVIL CODE OF IDAHO, BY AMENDING SECTIONS 3656 AND 3658 AND BY INSERTING THEREIN SECTIONS 3657a, 3657b AND 3657c; AMENDING SECTIONS 3665 AND 4529, REVISED CODES; AMENDING TITLE 10, PART 2, OF THE CODE OF CIVIL PROCEDURE, BY ADDING A NEW CHAPTER, DESIGNATED CHAPTER 9, ENTITLED "ACTIONS FOR INJUNCTION AND ABATEMENT OF MORAL NUISANCES", AND CONTAINING TEN NEW SECTIONS, DESIGNATED AS SECTIONS 4628a TO 4628j, INCLUSIVE. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. Section 3656 of the Revised Code of Idaho is amended to read as follows: Sec. 3656. Anything which is injurious to health or morals, 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, 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 nuisance. SEC. 2. Title 14, Chapter 1, of the Civil Code of Idaho is hereby amended by inserting therein three new sections, designated as Sections 3657a, 3657b and 3657c, respectively, as follows: Sec. 3657a. A nuisance which is injurious to public morals is a moral nuisance. Sec. 3657b. The conducting of a place for the purpose of prostitution, lewdness, assignation, or other indecent acts, or for the resort of lewd people of both sexes, commonly called a house of ill-fame, is a moral nuisance. Sec. 3657c. A building or place in which a house of ill-fame is conducted or kept, and the furniture and moveable contents thereof, are a moral nuisance. SEC. 3. Section 3658 of the Revised Codes of Idaho is amended to read as follows: Sec. 3658. Every nuisance not defined by law as a public nuisance or a moral nuisance, is private. SEC. 4. Section 3665 of the Revised Code of Idaho is amended to read as follows: Sec. 3665. A private person may maintain an action: 1. For a moral nuisance, if he be a resident citizen of the county, whether the nuisance complained of is specially injurious to him or not. 2. For any other public nuisance, if it is specially injurious to himself. SEC. 5. Section 4529 of the Revised Code of Idaho is amended to read as follows: Sec. 4529. 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 nuisance, the action may be brought by any resident citizen of the county; in all other cases the action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened, by the nuisance; and by the judgment the nuisance may be enjoined or abated, as well as damages recovered. SEC. 6. Title 10, Part 2, of the Code of Civil Procedure of Idaho is hereby amended by adding thereto a new chapter, designated as Chapter 9, entitled "Actions for Injunction and Abatement of Moral Nuisances", and containing ten new sections, designated as Sections 4628a to 4628j, inclusive, as follows: CHAPTER 9. ACTIONS FOR INJUNCTION AND ABATEMENT OF MORAL NUISANCES. Sec. 4628a. In addition to any other remedy provided by law, any act, occupation, structure or thing which is a moral nuisance, may be abated, and the person doing such act or engaged in such occupation, and the owner and agent of the owner of any such structure or thing may be enjoined, as in this Chapter provided. Sec. 4628b. The County Attorney, or any resident citizen of the county, may maintain an action of an equitable nature, as relator, in the name of the State of Idaho, to abate a moral nuisance, perpetually to enjoin all persons from maintaining the same, and to enjoin the use of any structure or thing adjudged to be a moral nuisance. Sec. 4628c. Upon the filing of a verified complaint therefor, in any court of competent jurisdiction, the court or a judge at chambers, if satisfied that the moral nuisance complained of exists, may allow a temporary writ of injunction, without bond, enjoining the defendant from maintaining any such nuisance within the jurisdiction of the court issuing such writ; but no such injunction shall issue unless it be made to appear to the satisfaction of the court that the owner or agent of the owner of such building or place knew, or had been personally served with notice, that such building or place was being so used and had failed to abate such nuisance, or that upon diligent inquiry such owner or agent of the owner could not be found within the State for the service of such preliminary notice. Sec. 4628d. If the complaint is filed upon the relation of a citizen, the proceeding shall not be dismissed for want of prosecution, nor upon motion of such relator, unless there is filed with such motion a sworn statement made by such relator and his attorney, setting forth the reasons therefor, and unless such dismissal is approved by the County Attorney in writing or in open court. If the court is of the opinion that such proceeding ought not to be dismissed it may overrule such motion and may enter an order directing the County Attorney to prosecute such cause to final determination. The cause shall be heard immediately upon issue being joined, and if the hearing is continued beyond the next term, the court, or a judge at chambers, may permit any resident citizen of the county consenting thereto to be substituted for the original relator. If any such complaint is filed upon the relation of a citizen, and the court finds that there was no reasonable grounds or cause for filing the same, the costs may be taxed against such relator. Sec. 4628e. At all hearings upon the merits, evidence of the general reputation of the building or place constituting the alleged nuisance, of the inmates thereof, and of those resorting thereto, is admissible for the purpose of proving the existence of such nuisance. Sec. 4628f. If the existence of the nuisance is established, the court shall enter a decree perpetually restraining all persons from maintaining or permitting such nuisance, and from using the building or place in which the same is maintained for any purpose, for a period of one year thereafter, unless such decree is sooner vacated, as hereinafter provided. While said decree remains in effect, such building or place shall be in the custody of the court. An order of abatement shall also issue as a part of such decree, which order shall direct the sheriff of the county to remove from such building or place all fixtures and movable property used in conducting or aiding or abetting such nuisance, to sell the same in the manner provided by law for the sale of chattels under execution, to close such building or place against its use for any purpose, and to keep it closed for a period of one year unless sooner released as hereinafter provided. The Sheriff's fees for removing and selling the movable property shall be taxed as a part of the costs, and shall be the same as those for levying upon and selling like property under execution. For closing the building and keeping it closed the court shall allow a reasonable fee to be taxed as a part of the costs. Sec. 4628g. The proceeds of the sale of the movable property shall be applied in payment of the costs of the proceeding and of the abatement, and the balance, if any, shall be paid to the defendant or person owning said property immediately prior to such sale. Sec. 4628h. In case of the violation of any injunction or order of abatement issued under the provisions of this Act, the court, or a judge at chambers, may summarily try and punish the offender for his contempt of court. Sec. 4628i. If the owner of such building or place has not been guilty of any contempt of court in the proceeding, and pays all costs of the proceeding and of the abatement and files a bond, with sureties to be approved by the court, in the penal sum of the full value of the property, to be ascertained by the court, or by a judge at chambers, conditioned that such owner will immediately abate such nuisance and prevent the same from being established or maintained therein within a period of one year thereafter, the court shall vacate such decree and order of abatement, so far as the same may relate to such building or place, and shall also vacate the order directing the sale of the movable property. The release herein provided for shall not release such property from any judgment, lien, penalty, or liability to which it may be otherwise subject by law. Sec. 4628j. Whenever the costs shall be assessed under the provisions of this chapter against the owner of any property declared to be a moral nuisance, such costs shall constitute a lien upon such property to the extent of the interest of such owner, and writ of execution shall issue thereon. Approved March 6, 1915. CHAPTER 44 AN ACT TO AMEND SECTION 2315 OF THE REVISED CODES OF IDAHO AS AMENDED BY CHAPTER 147 OF THE 1913 SESSION LAWS OF THE STATE OF IDAHO, RELATING TO POWERS OF CITIES, TOWNS AND VILLAGES ISSUING MUNICIPAL COUPON BONDS; AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 2315 of the Revised Codes of Idaho as amended by Chapter 147 of the 1913 Session Laws of the State of Idaho, be and the same is hereby amended to read as follows: Sec. 2315 (a) Every city, town or village, incorporated under the laws of the Territory of Idaho or of the State of Idaho shall have power and authority to issue municipal SL 1915-5 |