76-10-803 - "Public nuisance" defined -- Agricultural operations.
76-10-803. "Public nuisance" defined -- Agricultural operations.
(1) A public nuisance is a crime against the order and economy of the state and consistsin 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 morepersons;
(b) offends public decency;
(c) unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous forpassage, any lake, stream, canal, or basin, or any public park, square, street, or highway;
(d) is a nuisance as defined 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 sectionis still a nuisance regardless of the extent to which the annoyance or damage inflicted onindividuals is unequal.
(3) (a) Activities conducted in the normal and ordinary course of agricultural operations,as defined in Subsection 78B-6-1101(7), and conducted in accordance with sound agriculturalpractices 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 lawsand regulations, including zoning ordinances, are presumed to be operating within soundagricultural practices.
Amended by Chapter 21, 2009 General Session