§291C-112  Certain uses of parked vehicles
prohibited between 6:00 p.m. and 6:00 a.m.; definition; exceptions. 
(a)  No person shall use any vehicle for purposes of human habitation, whether
or not the vehicle is designed or equipped for that purpose, while the vehicle
is parked on any roadway, street, or highway or other public property between
the hours of 6:00 p.m. and 6:00 a.m. or while the vehicle is parked on private
property without authorization of the owner or occupant authorizing both the
parking of the vehicle there and its use for purposes of human habitation.



(b)  As used in this section "purposes of
human habitation" includes use as a dwelling place, living abode, or
sleeping place.



(c)  This section does not apply to the parking
of vehicles and their use for purposes of human habitation in parks, camps, and
other recreational areas in compliance with law and applicable rules and
regulations, or under emergency conditions in the interest of vehicular safety.



(d)  The department of health shall promulgate
rules and regulations, pursuant to chapter 91, necessary for the administration
of this section. [L 1972, c 48, pt of §2]



 



Case Notes



 



  Because defendant was a person to whom this section directly
applied, and defendant's expressive conduct was not at issue, defendant did not
have standing to assert overbreadth challenge based on a hypothetical
application of this section.  82 H. 269 (App.), 921 P.2d 1170.



  No equal protection violation as section rationally furthers
legitimate state interest in protecting health and welfare of public at large. 
82 H. 269 (App.), 921 P.2d 1170.



  This section, which prohibits the use of a vehicle "for
purposes of human habitation", not unconstitutionally vague.  82 H. 269
(App.), 921 P.2d 1170.