A. Purpose: By this section, the city interprets this chapter and declares specific conduct to constitute a nuisance under this chapter. This section and the declaration of nuisance is specifically made to interpret this chapter, and is passed in response to an emergency situation which has arisen recently within the city. In the future, such conduct as is described herein shall be prosecuted under this chapter.
B. Statute Authority; Nuisance Declared; Application Of Provisions: Under the powers and emergency powers of the city pursuant to Idaho Code sections 50-334 and 50-302, and under this chapter, particularly at section 4-1-2, definition of "nuisance", subsection C6, and sections 4-1-3, 4-1-5 and 4-1-6 of this chapter, the city:
1. Declares drinking beer, wine, or other alcoholic beverages or intoxicating liquors to be a nuisance when same is done on a public street, inside or on an automobile, or outside a bar or business establishment in an area beyond which the bar or business establishment has been specifically designated for such drinking. The city council specifically finds such conduct is injurious to the health, safety and welfare of the inhabitants of the city and therefore constitutes a nuisance under section 4-1-2, definition of "nuisance", subsection C6, of this chapter.
2. Interprets this chapter by holding that it may be violated by persons other than landowners; the individual creating the nuisance may likewise be prosecuted, whether lawfully or unlawfully upon land at the time the nuisance is created. (Ord. 122A, 10-1-1987)