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Utah Code
2025 Utah Code
Title 76 - Utah Criminal Code
Chapter 9 - Offenses Against Public Order, Health, and Safety
Part 13 - Criminal Nuisance
Section 1301 - Definitions.
Universal Citation:
UT Code § 76-9-1301 (2025)
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Effective 5/7/2025
76-9-1301. Definitions.
As used in this part:
Renumbered and Amended by Chapter 173, 2025 General Session
76-9-1301. Definitions.
As used in this part:
- (1)"Controlled substance" means the same as that term is defined in Section 58-37-2.
- (2)"Nuisance" means an item, thing, manner, or condition that:
- (a)is dangerous to human life or health; or
- (b)renders soil, air, water, or food impure or unwholesome.
- (3)
- (a)"Public nuisance" means unlawfully committing an act or omitting to perform a duty, which act or duty:
- (i)annoys, injures, or endangers the comfort, repose, health, or safety of three or more persons, regardless of the extent to which the annoyance, injury, or endangerment inflicted on the persons is unequal;
- (ii)offends public decency;
- (iii)unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, stream, canal, or basin, or a public park, square, street, or highway;
- (iv)is a nuisance as described in Section 78B-6-1107, Nuisance -- Drug houses and drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution -- Weapons -- Abatement by eviction; or
- (v)renders three or more persons insecure in life or the use of property, regardless of the extent to which the effect inflicted on the persons is unequal.
- (b)"Public nuisance" is presumed to not include:
- (i)activities conducted in the normal and ordinary course of agricultural operations, as defined in Section 4-44-102, and conducted in accordance with sound agricultural practices, with the presumption that agricultural operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are operating within sound agricultural practices; or
- (ii)activities conducted in the normal and ordinary course of critical infrastructure materials operations, as defined in Section 78B-6-1101, and conducted in accordance with sound critical infrastructure materials practices, with the presumption that critical infrastructure materials operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are operating within sound critical infrastructure materials operations.
- (a)"Public nuisance" means unlawfully committing an act or omitting to perform a duty, which act or duty:
- (4)
- (a)"Supervised drug consumption site" means a facility or premises operated or intended to provide an environment for the unlawful use of a controlled substance.
- (b)"Supervised drug consumption site" does not include a facility or premises that provides or facilitates:
- (i)an opioid treatment program, as that term is defined in Section 58-17b-309.7; or
- (ii)the use of medication pursuant to a medication assisted treatment plan, as that term is defined in Section 64-13-25.1.
Renumbered and Amended by Chapter 173, 2025 General Session
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