Public Camping Or Sleeping — Prohibitions

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 23 MISCELLANEOUS PROVISIONS 67-2341. PUBLIC CAMPING OR SLEEPING — PROHIBITIONS. (1) Notwithstanding any provision of law to the contrary, public camping or sleeping as provided for in this section shall be unlawful in the state of Idaho. No city or single countywide highway district as defined in section 40-120 , Idaho Code, shall authorize, permit, or enable public camping or sleeping as that term is defined in this section on public property, public building grounds, or public roads or rights-of-way within the jurisdiction of the city or the single countywide highway district. The provisions of this section shall not apply to or affect policies, rules, statutes, or leases regarding endowment lands, department of parks and recreation lands, or department of fish and game lands. The prohibitions against public camping or sleeping provided for in this section shall not apply to drivers of commercial vehicles or commercial motor vehicles as defined in section 49-123 (2)(d), Idaho Code. (2)  For purposes of this section, "public camping or sleeping" means lodging or residing in a temporary outdoor habitation used as a dwelling, lodging, or living space, which includes sitting, lying, or sleeping for a prolonged amount of time, and may be evidenced by the erection of a tent or other temporary shelter, including a motor vehicle as defined in section 39-6501 , Idaho Code, or a recreational vehicle as defined in section 49-119 , Idaho Code, and may include but is not limited to the presence of bedding, pillows, cooking appliances, heat sources, the storage of personal belongings or food, or digging or earth breaking. (3)  Nothing in this section shall prohibit or prevent overnight camping for recreational or educational purposes on property designated for such purpose, authorized specific temporary events or activities, or authorized overnight parking at Idaho rest areas or private businesses in compliance with applicable established rules. Nothing in this section shall prohibit or restrict a city or single countywide highway district from maintaining and enforcing ordinances, rules, or laws that prohibit loitering, overnight camping, or other similar activities. (4)  The attorney general shall have the power to bring a civil action in any court of competent jurisdiction against any city or single countywide highway district to enjoin the city or countywide highway district from knowingly violating the provisions of this section. The attorney general may recover reasonable expenses incurred in any civil action brought under this section, including court costs, reasonable attorney’s fees, investigative costs, witness fees, and deposition costs. Any city or single countywide highway district that violates the provisions of this section may be assessed a civil penalty of not more than ten thousand dollars ($10,000) for each violation. Cities or single countywide highway districts against whom civil penalties are assessed are liable for reasonable attorney’s fees. (5)  The provisions of this section shall apply only to property within city limits for cities with a population of greater than or equal to one hundred thousand (100,000).