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2021 Utah Code
Title 78B - Judicial Code
Chapter 6 - Particular Proceedings
Part 11 - Nuisance
Section 1101 - Definitions -- Nuisance -- Right of action -- Agriculture operations.
Universal Citation: UT Code § 78B-6-1101 (2021)
Effective 5/5/2021
78B-6-1101. Definitions -- Nuisance -- Right of action -- Agriculture operations.
Amended by Chapter 207, 2021 General Session
78B-6-1101. Definitions -- Nuisance -- Right of action -- Agriculture operations.
- (1) A nuisance is anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. A nuisance may be the subject of an action.
- (2) A nuisance may include the following:
- (a) drug houses and drug dealing as provided in Section 78B-6-1107;
- (b) gambling as provided in Title 76, Chapter 10, Part 11, Gambling;
- (c) criminal activity committed in concert with three or more persons as provided in Section 76-3-203.1;
- (d) criminal activity committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802;
- (e) criminal activity committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802;
- (f) party houses that frequently create conditions defined in Subsection (1); and
- (g) prostitution as provided in Title 76, Chapter 10, Part 13, Prostitution.
- (3) A nuisance under this part includes tobacco smoke that drifts into a residential unit a person rents, leases, or owns, from another residential or commercial unit and the smoke:
- (a) drifts in more than once in each of two or more consecutive seven-day periods; and
- (b) creates any of the conditions under Subsection (1).
- (4) Subsection (3) does not apply to:
- (a) a residential rental unit available for temporary rental, such as for a vacation, or available for only 30 or fewer days at a time; or
- (b) a hotel or motel room.
- (5) Subsection (3) does not apply to a unit that is part of a timeshare development, as defined in Section 57-19-2, or subject to a timeshare interest as defined in Section 57-19-2.
- (6) An action may be brought by a person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance.
- (7) An action for nuisance against an agricultural operation is governed by Title 4, Chapter 44, Agricultural Operations Nuisances Act.
- (8) "Critical infrastructure materials operations" means the same as that term is defined in Section 10-9a-901.
- (9) "Manufacturing facility" means a factory, plant, or other facility including its appurtenances, where the form of raw materials, processed materials, commodities, or other physical objects is converted or otherwise changed into other materials, commodities, or physical objects or where such materials, commodities, or physical objects are combined to form a new material, commodity, or physical object.
Amended by Chapter 207, 2021 General Session
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