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.

 

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