18-5901 Public Nuisance Defined
18-5902 Public Nuisance — Unequal Damage
18-5903 Punishment for Nuisance
18-5904 No Smoking During Public Meetings
18-5905 Signs to Be Displayed
18-5906 Penalty for Violation

Terms Used In Idaho Code > Title 18 > Chapter 59 - Public Nuisances

  • Administer: means the direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by:
Idaho Code 37-2701
  • Advertise: means , but is not limited to, the issuing or causing to be distributed of any card, sign, direct mail piece or other device or causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine or directory, or announcement on radio or announcement or display on television, computer network or electronic or telephonic medium. See Idaho Code 54-4002
  • Aide in the delivery of occupational therapy services: means a person who is not licensed by the board and who provides supportive services to occupational therapists and occupational therapy assistants. See Idaho Code 54-3702
  • Appraisal: A determination of property value.
  • Appraisal assignment: means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased opinion or conclusion relating to the value of identified real estate. See Idaho Code 54-4104
  • Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraisal or appraisal review assignment. See Idaho Code 54-4104
  • appraiser: means a person who, for a fee or other valuable consideration or the expectation thereof, develops and communicates real estate appraisals or otherwise gives an opinion of the value of real estate or any interest therein. See Idaho Code 54-4104
  • Association: means the Idaho occupational therapy association. See Idaho Code 54-3702
  • Athlete: means a person who participates in exercises, sports, or games requiring physical strength, agility, flexibility, range of motion, speed or stamina and which exercises, sports or games are of the type generally conducted in association with an educational institution or professional, amateur or recreational sports club or organization. See Idaho Code 54-3902
  • Athletic injury: means a physical injury, harm, hurt or common condition (such as heat disorders), incurred by an athlete, preventing or limiting participation in athletic activity, sports or recreation, which athletic trainers are educated to evaluate and treat or refer to the directing physician. See Idaho Code 54-3902
  • Athletic trainer: means a person who has met the qualifications for licensure as set forth in this chapter, is licensed under this chapter, and carries out the practice of athletic training under the direction of a designated Idaho licensed physician, registered with the board or a designated Idaho licensed chiropractic physician. See Idaho Code 54-3902
  • Athletic training: means the application by a licensed athletic trainer of principles and methods of:
  • Idaho Code 54-3902
  • Board: means the occupational therapy licensure board of Idaho as set out in section 54-3717, Idaho Code. See Idaho Code 54-3702
  • Board: means the Idaho state board of medicine. See Idaho Code 54-3902
  • Board: means the Idaho state board of massage therapy created pursuant to section 54-4006, Idaho Code. See Idaho Code 54-4002
  • Board: means the real estate appraiser board. See Idaho Code 54-4104
  • Board: means the board of examiners of residential care facility administrators of the state of Idaho. See Idaho Code 54-4202
  • Board: means the state board of medicine. See Idaho Code 54-4303
  • Board: means the state board of pharmacy created in chapter 17, title 54, Idaho Code, or its successor agency. See Idaho Code 37-2701
  • Board of athletic trainers: means the Idaho board of athletic trainers established in this chapter. See Idaho Code 54-3902
  • certificate: means that document issued by the real estate appraiser board certifying that the person named thereon has satisfied the requirements for licensure or certification as a state licensed or certified real estate appraiser and bearing a license or certificate number assigned by the board. See Idaho Code 54-4104
  • Compensation: means the payment, loan, advance, donation, contribution, deposit or gift of money or anything of value, except "compensation" shall not include a student tuition credit program where such program has been established by a massage therapy establishment. See Idaho Code 54-4002
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance: means a drug, substance or immediate precursor in schedules I through VI of article II of this chapter. See Idaho Code 37-2701
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterfeit substance: means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance. See Idaho Code 37-2701
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • delivery: means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Idaho Code 37-2701
  • Department: means the department of self-governing agencies. See Idaho Code 54-3702
  • Directing physician: means a designated person duly licensed to practice medicine in Idaho, registered with the board or a designated Idaho licensed chiropractic physician, who is responsible for the athletic training services provided by the athletic trainer and oversees the practice of athletic training of the athletic trainer, as established by board rule. See Idaho Code 54-3902
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Idaho Code 37-2701
  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See Idaho Code 37-2701
  • Division: means the division of occupational and professional licenses. See Idaho Code 54-3702
  • Division: means the Idaho division of occupational and professional licenses. See Idaho Code 37-2701
  • Drug: means : (1) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (3) substances, other than food, intended to affect the structure or any function of the body of man or animals; and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. See Idaho Code 37-2701
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Federally related transaction: means any real estate-related financial transaction that a federally regulated institution, regulatory agency, or the resolution trust corporation engages in, funds, contracts for, or regulates. See Idaho Code 54-4104
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • foundation: means the appraisal foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. See Idaho Code 54-4104
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good standing: means the individual’s license is not currently suspended or revoked by any state regulatory entity. See Idaho Code 54-3702
  • Graduate occupational therapist: means a person who holds a certificate of graduation from an approved occupational therapy curriculum, who has submitted a completed application for certification by examination, and who may practice occupational therapy in association with and under the supervision of an occupational therapist and under authority of a limited permit. See Idaho Code 54-3702
  • Graduate occupational therapy assistant: means a person who holds a certificate of graduation from an approved occupational therapy assistant curriculum, who has submitted a completed application for licensure by examination under this chapter and is performing the duties of occupational therapy assistant in association with and under the supervision of an occupational therapist and under the authority of a limited permit. See Idaho Code 54-3702
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law enforcement agency: means a governmental unit of one (1) or more persons employed full-time or part-time by the state or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. See Idaho Code 37-2701
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means a document issued by the board to a person under this chapter authorizing the person to practice as an occupational therapist or occupational therapy assistant. See Idaho Code 54-3702
  • Licensure board: means the licensure board established by this chapter. See Idaho Code 54-4303
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, and includes extraction, directly or indirectly, from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:
  • Idaho Code 37-2701
  • Massage therapist: means a person who is licensed under this chapter and who engages in the practice of massage therapy. See Idaho Code 54-4002
  • Massage therapy: means the care and services provided by a massage therapist. See Idaho Code 54-4002
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
  • Idaho Code 37-2701
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupational therapist: means a person licensed under this chapter to practice occupational therapy. See Idaho Code 54-3702
  • Occupational therapy: means the care and services provided by or under the direction and supervision of an occupational therapist. See Idaho Code 54-3702
  • Occupational therapy assistant: means a person licensed under this chapter to practice occupational therapy and who works under the supervision of an occupational therapist. See Idaho Code 54-3702
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a corporation as well as a natural person;
  • Idaho Code 73-114
  • Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Idaho Code 37-2701
  • Polysomnographic technician: means a person who holds a permit and meets requirements as set forth in section 54-4307, Idaho Code. See Idaho Code 54-4303
  • Polysomnographic technologist: means a person who holds a permit and meets requirements as set forth in section 54-4307, Idaho Code. See Idaho Code 54-4303
  • Polysomnography: means the process of analysis, attended monitoring, and recording of physiologic data during sleep and wakefulness to assist in the assessment and diagnosis of sleep/wake disorders and other disorders, syndromes, and dysfunctions that are sleep-related, manifest during sleep, or disrupt normal sleep/wake cycles and activities. See Idaho Code 54-4303
  • Polysomnography-related respiratory care services: means the limited practice of respiratory care in the provision of polysomnography services. See Idaho Code 54-4303
  • Practice of massage therapy: means the application of a system of structured touch, pressure, movement and holding of the soft tissues of the human body. See Idaho Code 54-4002
  • Practice of occupational therapy: means the therapeutic use of everyday life activities (occupations) with individuals or groups for the purpose of participation in roles and situations in home, school, workplace, community, and other settings. See Idaho Code 54-3702
  • Practice of residential care facility administration: means that planning, organizing, directing and control of the operation of a residential care facility. See Idaho Code 54-4202
  • Practice of respiratory care: means the provision of cardiopulmonary care services as directed by a qualified health care practitioner licensed in the state, including but not limited to the diagnostic and therapeutic use of the following:
  • Idaho Code 54-4303
  • Practitioner: means :
  • Idaho Code 37-2701
  • Prescribe: means a direction or authorization permitting an ultimate user to lawfully obtain or be administered controlled substances. See Idaho Code 37-2701
  • Prescriber: means an individual currently licensed, registered or otherwise authorized to prescribe and administer controlled substances in the course of professional practice. See Idaho Code 37-2701
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Idaho Code 37-2701
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provisional permit: means a temporary permit issued to a provisional residential care facility administrator under the provisions of this chapter. See Idaho Code 54-4202
  • Provisional residential care facility administrator: means an individual who has been issued a permit as such under the provisions of this chapter. See Idaho Code 54-4202
  • Quorum: The number of legislators that must be present to do business.
  • real estate: means and includes leaseholds as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold and whether situated in this state or elsewhere. See Idaho Code 54-4104
  • real estate appraisal: means an opinion or conclusion of value of identified real estate. See Idaho Code 54-4104
  • Real estate-related financial transaction: means any transaction involving:
  • Idaho Code 54-4104
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Residential care facility: means a residential or assisted living facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals and lodging to three (3) or more elderly, developmentally disabled, physically disabled and/or mentally ill adults not related to the owner. See Idaho Code 54-4202
  • Residential care facility administrator: means any individual responsible for planning, organizing, directing and controlling the operation of a residential care facility, or who in fact performs such functions, whether or not such functions are shared by one (1) or more other persons, and who is licensed under the provisions of this chapter. See Idaho Code 54-4202
  • Respiratory care: means the treatment, management, diagnostic testing, monitoring, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. See Idaho Code 54-4303
  • Respiratory care practitioner: means a person who has been issued a license or permit by the board under the provisions of this chapter to practice respiratory care under the general supervision of a licensed physician or other authorized licensed health care professional. See Idaho Code 54-4303
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. See Idaho Code 37-2701
  • State certified general real estate appraiser: means a person who is certified to appraise all types of real property. See Idaho Code 54-4104
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Written registry and clinical simulation examinations: means the certification examinations administered by a board-approved national accrediting organization. See Idaho Code 54-4303