ARTICLE XXXIV. - OFFENSES REGARDING NUISANCES

Footnotes:

--- (18) --- State Law reference— Nuisances, U.C.A. 1953, § 76-10-801 et seq.

Sec. 14-1066. - Definitions; violation; classification of offense.#

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Nuisance means any item, thing, manner, condition whatsoever that is dangerous to human life or health or renders soil, air, water or food impure or unwholesome.

(b)

Any person, whether as owner, agent, or occupant who creates, aids in creating, or contributes to a nuisance, or who supports, continues or retains a nuisance, is guilty of a Class B misdemeanor.

(Code 1981, § 13-1081)

State Law reference— Similar provisions, U.C.A. 1953, § 76-10-801.

Sec. 14-1067. - Befouling waters.#

A person is guilty of a Class B misdemeanor if he: (1)

Constructs or maintains a corral, sheep pen, goat pen, stable, pigpen, chicken coop, or other offensive yard or outhouse where the waste of drainage therefrom shall flow directly into the waters of any stream, well, or spring of water used for domestic purposes;

(2)

Deposits, piles, unloads, or leaves any manure heap, offensive rubbish, or the carcass of any dead animal where the waste or drainage therefrom will flow directly into the waters of any stream, well, or spring of water used for domestic purposes;

(3)

Dips or washes sheep in any stream, or constructs, maintains, or uses any pool or dipping vat for dipping or washing sheep in such close proximity to any stream located within the town or over which the town may exercise its jurisdiction and used by the inhabitants of the town for domestic purposes as to make the waters thereof impure or unwholesome;

(4)

Constructs or maintains any corral, yard, or vat to be used for the purpose of shearing or dipping sheep within twelve miles of the town, where the refuse or filth from the corral or yard would naturally find its way into any stream of water used by the inhabitants of the town for domestic purposes; or

(5)

Establishes and maintains any corral, camp, or bedding place for the purpose of herding, holding, or keeping any cattle, horses, sheep, goats, or hogs, within seven miles of the town, where the refuse or filth from the corral, camp, or bedding place will naturally find its way into any stream of water used by the inhabitants of the town for domestic purposes.

(Code 1981, § 13-1082)

State Law reference— Similar provisions, U.C.A. 1953, § 76-10-810.

Sec. 14-1068. - Public nuisance.#

(a)

A public nuisance is a crime against the order and economy of the state and consists in unlawfully doing any act or omitting to perform any duty, which act or omission:

(1)

Annoys, injures, or endangers the comfort, repose, health, or safety of three or more persons;

(2)

Offends public decency;

(3)

Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway;

(4)

Is a nuisance as described in U.C.A. 1953, § 78B-6-1107; or

(5)

In any way renders three or more persons insecure in life or the use of property.

(b)

An act which affects three or more persons in any of the ways specified in this section is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals is unequal.

(c)

Activities conducted in the normal and ordinary course of agricultural operations, as defined in U.C.A. 1953, § 4-44-102, and conducted in accordance with sound agricultural practices are presumed to be reasonable and not constitute a public nuisance under subsection (a) of this section.

(d)

Agricultural operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound agricultural practices.

(e)

Activities conducted in the normal and ordinary course of critical infrastructure materials operations, as defined in U.C.A. 1953, § 78B-6-1101(8), and conducted in accordance with sound critical infrastructure materials practices are presumed to be reasonable and not constitute a public nuisance under subsection (a) of this section.

(f)

Critical infrastructure materials operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound critical infrastructure materials operations.

(Code 1981, § 13-1083)

State Law reference— Similar provisions, U.C.A. 1953, § 76-10-803.

Sec. 14-1069. - Maintaining, committing or failing to remove public nuisance; classification of offense.#

Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a Class B misdemeanor.

(Code 1981, § 13-1084)

State Law reference— Similar provisions, U.C.A. 1953, § 76-10-804.

Sec. 14-1070. - Carcass or offal; prohibitions relating to disposal; classification of offense.#

Every person who puts the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher shop into any river, creek, pond, street, alley, or public highway, or road in common use or who attempts to destroy it by fire, within one-fourth of a mile of the town is guilty of a Class B misdemeanor.

(Code 1981, § 13-1085)

State Law reference— Similar provisions, U.C.A. 1953, § 76-10-805.

Sec. 14-1071. - Not to affect other provisions of municipal ordinances.#

Nothing contained in this chapter shall affect any other provisions of the town's ordinances, rules or regulations which regulate, prohibit or effect nuisances or public nuisances.

(Code 1981, § 13-1086)

Sec. 14-1072. - Action for abatement of public nuisances.#

The town attorney where the public nuisance exists, upon direction of the town council, or the attorney general, upon direction of the governor, or any of the above attorneys without the necessity of direction, is empowered to institute an action in the name of the town, as the case may be, to abate a public nuisance. The action shall be brought in the district court of the district where the public nuisance exists and shall be in the form prescribed by the Utah Rules of Civil Procedure for injunctions, but none of the above attorneys shall be required to execute a bond with respect to the action. If the action is instituted, however, to abate the distribution or exhibition of material alleged to offend public decency, the action shall be in the form prescribed by the Utah Rules of Civil Procedure for injunctions, but no restraining order or injunction shall issue except upon notice to the person sought to be enjoined; and that person shall be entitled to a trial of the issues commencing within three days after filing of an answer to the complaint and a decision shall be rendered by the court within two days after the conclusion of the trial. As used in this article, the terms "distribute," "exhibit," and "material" mean the same as provided in U.C.A. 1953, § 76-10-1201.

(Code 1981, § 13-1087)

State Law reference— Similar provisions, U.C.A. 1953, § 76-10-806.

Secs. 14-1073—14-1097. - Reserved.#