67-6533. LOCATION OF STORES SELLING SEXUAL MATERIAL RESTRICTED IN CERTAIN AREAS. (a) From and after January 1, 1980, no person or entity shall own or operate any store, shop or business which sells or rents any materials defined as obscene materials in section 18-4101, Idaho Code, within twenty-five hundred (2500) feet of any school, church, or place of worship measured in a straight line to the nearest entrance to the premises.
(b) From and after January 1, 1980, no person or entity shall own or operate any store, shop or business which sells or rents any materials defined in subsection 1 of section 18-1515, Idaho Code, where such materials constitute ten percent (10%) or more of the printed materials held for sale or rent of such store, shop or business, within twenty-five hundred (2500) feet of any school, church, or place of worship measured in a straight line to the nearest entrance to the premises.
(c) From and after the effective date of this act, a violation of subsection (a) or subsection (b) of this section shall be a misdemeanor.
(d) A judge of a court of competent jurisdiction shall immediately issue a temporary restraining order for a violation of subsection (a) or subsection (b) of this section upon application therefore [therefor] by any public or private entity or person and upon compliance with the Idaho rules of civil procedure, except that no bond or security for the issuance of such restraining order shall be required. Further, a violation of subsection (a) or subsection (b) of this section shall subject the person and entities therefore [therefor] to a preliminary and permanent order of any court of this state enjoining them from such violation and no bond or security shall be required from the plaintiff or applicant therefore [therefor].
(e) No entity, public or private, nor any person shall be liable for any damages, costs or attorney fees for any acts attempting to civilly or criminally enforce this section.
(f) Nothing contained in this section shall preempt or prohibit cities or counties from regulating or restricting the location of the business activity described in this section and cities and counties are hereby specifically authorized to so regulate or restrict the location of said business activity.
History:
[67-6533, added 1980, ch. 82, sec. 1, p. 181.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 65 - LOCAL LAND USE PLANNING
Section 67-6501 - SHORT TITLE.
Section 67-6503 - PARTICIPATION OF LOCAL GOVERNMENTS.
Section 67-6505 - JOINT PLANNING AND ZONING COMMISSION — FORMATION — DUTIES.
Section 67-6506 - CONFLICT OF INTEREST PROHIBITED.
Section 67-6507 - THE PLANNING PROCESS AND RELATED POWERS OF THE COMMISSION.
Section 67-6508 - PLANNING DUTIES.
Section 67-6509 - RECOMMENDATION AND ADOPTION, AMENDMENT, AND REPEAL OF THE PLAN.
Section 67-6509A - SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS — PLAN TO BE AMENDED.
Section 67-6509B - MANUFACTURED HOUSING COMMUNITY — EQUAL TREATMENT REQUIRED.
Section 67-6510 - MEDIATION — TIME LIMITATIONS TOLLED.
Section 67-6511 - ZONING ORDINANCE.
Section 67-6511A - DEVELOPMENT AGREEMENTS.
Section 67-6512 - SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES.
Section 67-6513 - SUBDIVISION ORDINANCE.
Section 67-6514 - EXISTING ZONING OR SUBDIVISION ORDINANCES.
Section 67-6515 - PLANNED UNIT DEVELOPMENTS.
Section 67-6515A - TRANSFER OF DEVELOPMENT RIGHTS.
Section 67-6516 - VARIANCE — DEFINITION — APPLICATION — NOTICE — HEARING.
Section 67-6517 - FUTURE ACQUISITIONS MAP.
Section 67-6519 - APPLICATION GRANTING PROCESS.
Section 67-6520 - HEARING EXAMINERS.
Section 67-6521 - ACTIONS BY AFFECTED PERSONS.
Section 67-6522 - COMBINING OF PERMITS — PERMITS TO ASSESSOR.
Section 67-6523 - EMERGENCY ORDINANCES AND MORATORIUMS.
Section 67-6524 - INTERIM ORDINANCES AND MORATORIUMS.
Section 67-6525 - PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF UNINCORPORATED AREA.
Section 67-6526 - AREAS OF CITY IMPACT — NEGOTIATION PROCEDURE.
Section 67-6527 - VIOLATIONS — CRIMINAL PENALTIES — ENFORCEMENT.
Section 67-6528 - APPLICABILITY OF ORDINANCES.
Section 67-6529A - SHORT TITLE.
Section 67-6529B - LEGISLATIVE FINDINGS AND PURPOSES.
Section 67-6529C - DEFINITIONS.
Section 67-6529E - PROCESS FOR COUNTY REQUEST — CONTENTS OF THE REQUEST.
Section 67-6529G - REPORT OF CAFO SITE ADVISORY TEAM — COUNTY ACTION.
Section 67-6529H - SITE SUITABILITY DETERMINATION — APPLICATION FEES.
Section 67-6530 - DECLARATION OF PURPOSE.
Section 67-6531 - SINGLE FAMILY DWELLING.
Section 67-6532 - LICENSURE, STANDARDS AND RESTRICTIONS.
Section 67-6533 - LOCATION OF STORES SELLING SEXUAL MATERIAL RESTRICTED IN CERTAIN AREAS.
Section 67-6534 - ADOPTION OF HEARING PROCEDURES.
Section 67-6536 - TRANSCRIBABLE RECORD.
Section 67-6537 - USE OF SURFACE AND GROUND WATER.
Section 67-6538 - USE FOR DESIGNED PURPOSE PROTECTED — WHEN VACANCY OCCURS.
Section 67-6539 - LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS AND VACATION RENTALS.