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

(b)  As used in this section "purposes ofhuman habitation" includes use as a dwelling place, living abode, orsleeping place.

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

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

 

Case Notes

 

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

  No equal protection violation as section rationally furtherslegitimate 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 "forpurposes of human habitation", not unconstitutionally vague.  82 H. 269(App.), 921 P.2d 1170.