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Thread: Nuisances

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    (Utah Code, 2004 Edition - as of 2004 General Session)
    [Utah Code Table of Contents]
    [TITLE 76. Table of Contents]
    [CHAPTER 10. Table of Contents]


    (Title 76. Utah Criminal Code )
    (Chapter 10. Offenses Against Public Health, Safety, Welfare, and Morals )
    Part 8. Nuisances 76-10-801 "Nuisance" defined - Violation - Classification of offense.
    76-10-802 Befouling waters.
    76-10-803 "Public nuisance" defined - Agricultural operations.
    76-10-804 Maintaining, committing or failing to remove public nuisance - Classification of offense.
    76-10-805 Carcass or offal - Prohibitions relating to disposal - Classification of offense.
    76-10-806 Action for abatement of public nuisance.
    76-10-808 Relief granted for public nuisance.

    76-10-801 "Nuisance" defined - Violation - Classification of offense.
    (1) A nuisance is any item, thing, manner, condition whatsoever that is dangerous to human life or health or renders soil, air, water, or food impure or unwholesome.
    (2) 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.
    1973

    76-10-802 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 or drainage therefrom shall flow directly into the waters of any stream, well, or spring of water used for domestic purposes; or
    (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; or
    (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 used by the inhabitants of any city or town for domestic purposes as to make the waters thereof impure or unwholesome; or
    (4) Constructs or maintains any corral, yard, or vat to be used for the purpose of shearing or dipping sheep within twelve miles of any city or 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 any city or 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 any city or 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 any city or town for domestic purposes.
    1973

    76-10-803 "Public nuisance" defined - Agricultural 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:
    (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 defined in Section 78-38-9 ; 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) Agricultural operations that are consistent with sound agricultural practices are presumed to be reasonable and do not constitute a public nuisance under Subsection (1) unless the agricultural operation has a substantial adverse effect on the public health and safety.
    (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.
    2002

    76-10-804 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.
    1973

    76-10-805 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 any city or town is guilty of a class B misdemeanor.
    1973

    76-10-806 Action for abatement of public nuisance.
    The county attorney of the county where the public nuisance exists, upon direction of the county executive, or city attorney of the city where the public nuisance exists, upon direction of the board of city commissioners, or 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 county, city, or state, 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 Rules of Civil Procedure of the State of Utah 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 Rules of Civil Procedure of Utah 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 part, "distribute," "exhibit," and "material" mean the same as provided in Section 76-10-1201 .
    1993

    76-10-808 Relief granted for public nuisance.
    If the existence of a public nuisance as defined by subsection 76-10-803 (1)(b) is admitted or established, either in a civil or criminal proceeding, a judgment shall be entered which shall:
    (a) Permanently enjoin each defendant and any other person from further maintaining the nuisance at the place complained of and each defendant from maintaining such nuisance elsewhere;
    (b) Direct the person enjoined to surrender to the sheriff of the county in which the action was brought any material in his possession which is subject to the injunction, and the sheriff shall seize and destroy this material; and
    (c) Without proof of special injury direct that an accounting be had and all monies and other consideration paid as admission to view any motion picture film determined to constitute a public nuisance, or paid for any publication determined to constitute a public nuisance, in either case without deduction for expenses, be forfeited and paid into the general fund of the county where the nuisance was maintained.
    1977


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    What are your thoughts about this in relation to OCing?

    TJ

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    I think it is just as big a stretch as a disorderly conduct charge.

    A black man walking down a street full of racists can't be cited as a nuisance. I guy wearing a BYU shirt up at the U can't either. A man exercising his right to bear arms, as protected by the US and Utah constitutions can't either!

    I could definitely see an over-zealous anti RKBA cop trying to argue this point though...

  3. #3
    Regular Member thx997303's Avatar
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    They probably dont know the law well enough to know this charge, and Disorderly Conduct is on a page closer to the firearms laws, so I would expect Disorderly Conduct until they are corrected, then I would expect Disturbing the Peace, as they already know about that one, and then this one.

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    TJ, is this the law that WVC was trying to pin on you last week?

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    jaredbelch wrote:
    TJ, is this the law that WVC was trying to pin on you last week?
    No, they trying to push the one below on me + they believe that I am in VIOLATION of my CFP due to the fact that I OCed while having a CFP.

    His reasoning was the following (which he highligted in yellow for me)

    http://www.rules.utah.gov/publicat/c...2/r722-300.htm

    R722-300-3. Definitions.

    D. "Concealed" means that which is covered, hidden, or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use.



    I agreed with him that this IS the defintion of a CONCEALED WEAPON and NOT the definition of concealed Firearms PERMIT. ( Because there is NO definition of what a CFP is, even the AG said so himself).


    Utah State Legislature

    House Law Enforcement and Criminal Justice Committee

    House Bill 473 (H.B. 473


    "Shurtleff, M.:
    Thank you. Good to be here. Attorney General Mark Shurtleff. Yes, see



    we’ve have had several questions arise among a number of law enforcement agencies as



    to whether if you have a concealed weapon permit you can then carry open loaded. And I



    was asked by several to take a look at this. And in looking at it it became clear to me that



    that, number one, that there is not a definition in the weapons law of what a concealed



    weapons permit is, number one. Number two, there does seem to be some confusion that



    can be interpreted by some, in fact some law enforcement agencies have decided to



    interpret the statute because there is not a clear definition of a concealed weapon permit,



    they have interpreted it as to mean that you cannot carry open loaded if you have a



    concealed weapon permit. So my recommendation was to clarify it so everybody knows

    up front what the law is and we can be clear about it across the state."

    (Thank you, Outsider,for the Transcript BTW)



    And not only that. Officer Smith said that I would not be able to OC loaded EVEN as a CHP holder per 76-10-505


    Sure, 76-10-523. says I am. But I guess never argue with an officer EVEN if h/she is wrong.


    the AG Mark Shurtleff,

    "


    My understanding from the


    Department of Public Safety is that they interpret it to mean that, indeed, the law is that if


    you have a concealed weapon permit you are exempt from all weapons laws and you can


    carry it open loaded. But there have been other local jurisdictions who have interpreted it


    otherwise so they’re stopping people and creating a problem. So I think that, my

    recommendation was to clarify it up front. That is the best thing you can do."

    ================================================== ==========

    76-9-102. Disorderly conduct.
    (1) A person is guilty of disorderly conduct if:
    (a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
    (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
    (i) engages in fighting or in violent, tumultuous, or threatening behavior;
    (ii) makes unreasonable noises in a public place;
    (iii) makes unreasonable noises in a private place which can be heard in a public place; or
    (iv) obstructs vehicular or pedestrian traffic.
    (2) "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
    (3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.


    Amended by Chapter 20, 1999 General Session




    TJ


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    Regular Member thx997303's Avatar
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    Well, I guess WVCPD sucks. I mean, that officer obviously failed english.

    Can't even understand a simple sentence, or it's context.

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    ScottyT wrote:
    I think it is just as big a stretch as a disorderly conduct charge.

    A black man walking down a street full of racists can't be cited as a nuisance. I guy wearing a BYU shirt up at the U can't either. A man exercising his right to bear arms, as protected by the US and Utah constitutions can't either!

    I could definitely see an over-zealous anti RKBA cop trying to argue this point though...

    Ditto...



    I dont think what they are trying to pin you with will stick, because it does not talk about CFP holders. The law was designed for illegally concealing, the public is well aware or your gun, loaded or not.

    Have you contacted Mitch V. or some one else? I assume you probably have.



    Befouling waters laws? What am I going to do with my sheep now?


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