47-3-3 - When nuisance action permitted.
47-3-3. When nuisance action permitted.
(1) Each state agency or political subdivision shall ensure that any of its rules orordinances that define or prohibit a public nuisance exclude from the definition or prohibitionany shooting range that was established, constructed, or operated prior to the implementation ofthe rule or ordinance regarding public nuisance unless that activity or operation substantially andadversely affects public health or safety.
(2) A person who operates or uses a shooting range in this state is not subject to civilliability or criminal prosecution for noise or noise pollution resulting from the operation or use ofthe range if:
(a) the range:
(i) was established, constructed, or operated prior to the implementation of any noiseordinances, rules, or regulations; and
(ii) does not substantially and adversely affect public health or safety; or
(b) the range:
(i) is in compliance with any noise control laws, ordinances, rules, or regulations thatapplied to the range and its operation at the time of establishment, construction, or initialoperation of the range; and
(ii) does not substantially and adversely affect public health or safety.
(3) For the purposes of this section, noise generated by a shooting range that is operatedin accordance with nationally recognized standards and operating practices is not a public healthnuisance.
(4) For any new subdivision development located in whole or in part within 1,000 feet ofthe boundary of any shooting range that was established, constructed, or operated prior to thedevelopment of the subdivision, the owner of the development shall provide on any plat filedwith the county recorder the following notice:
"Shooting Range Area
This property is located in the vicinity of an established shooting range. It can beanticipated that customary uses and activities at this shooting range will be conducted now and inthe future. The use and enjoyment of this property is expressly conditioned on acceptance of anyannoyance or inconvenience which may result from these uses and activities."
Enacted by Chapter 286, 1998 General Session