Title 76 - Utah Criminal Code - Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals - Part 8 - Nuisances - Section 803 - "Public nuisance" defined -- Agricultural operations -- Critical infrastructure materials operations.


Published: 2019-05-14

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Utah Code

Page 1

Effective 5/14/2019 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: (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.

Amended by Chapter 81, 2019 General Session Amended by Chapter 227, 2019 General Session