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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 [size=-1]76-10-801 "Nuisance" defined - Violation - Classification of offense. [/size]
[size=-1]76-10-802 Befouling waters. [/size]
[size=-1]76-10-803 "Public nuisance" defined - Agricultural operations. [/size]
[size=-1]76-10-804 Maintaining, committing or failing to remove public nuisance - Classification of offense. [/size]
[size=-1]76-10-805 Carcass or offal - Prohibitions relating to disposal - Classification of offense. [/size]
[size=-1]76-10-806 Action for abatement of public nuisance. [/size]
[size=-1]76-10-808 Relief granted for public nuisance. [/size]
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
Utah Code QuickLinks: [Utah Code Main Pg] [Search] [TOP of file]
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Questions? Suggestions? Comments? Email webmaster@code-co.com.
© Copyright 2004. Code-Co.
============================================================
What are your thoughts about this in relation to OCing?
TJ
[Home] [Utah Adv.Rep.] [Utah Code] [Legislature] [Ut.Adm.Code] [Courts] [CodeCo] [Subscribe]
Utah Code QuickLinks: [Utah Code Main Pg] [Search]
(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 [size=-1]76-10-801 "Nuisance" defined - Violation - Classification of offense. [/size]
[size=-1]76-10-802 Befouling waters. [/size]
[size=-1]76-10-803 "Public nuisance" defined - Agricultural operations. [/size]
[size=-1]76-10-804 Maintaining, committing or failing to remove public nuisance - Classification of offense. [/size]
[size=-1]76-10-805 Carcass or offal - Prohibitions relating to disposal - Classification of offense. [/size]
[size=-1]76-10-806 Action for abatement of public nuisance. [/size]
[size=-1]76-10-808 Relief granted for public nuisance. [/size]
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
Utah Code QuickLinks: [Utah Code Main Pg] [Search] [TOP of file]
Code-Co QuickLinks:
[Home] [Utah Adv.Rep.] [Utah Code] [Legislature] [Ut.Adm.Code] [Courts] [CodeCo] [Subscribe]
Questions? Suggestions? Comments? Email webmaster@code-co.com.
© Copyright 2004. Code-Co.
============================================================
What are your thoughts about this in relation to OCing?
TJ