76-10-803. “Public nuisance” defined — Agricultural operations — Critical infrastructure materials operations.
| (1) |
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:
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Terms Used In Utah Code 76-10-803
| (a) |
annoys, injures, or endangers the comfort, repose, health, or safety of three or more persons; |
| (b) |
offends public decency; |
| (c) |
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; |
| (d) |
is a nuisance as described in Section 78B-6-1107; or |
| (e) |
in any way renders three or more persons insecure in life or the use of property. |
|
| (2) |
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. |
| (3) |
| (a) |
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 are presumed to be reasonable and not constitute a public nuisance under Subsection (1). |
| (b) |
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. |
|
| (4) |
| (a) |
Activities conducted in the normal and ordinary course of critical infrastructure materials operations, as defined in Subsection 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 (1). |
| (b) |
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. |
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Amended by Chapter 81, 2019 General Session
Amended by Chapter 227, 2019 General Session
