78B-6-1101 (Superseded 11/01/10) - Definitions -- Nuisance -- Right of action -- Judgment.
78B-6-1101 (Superseded 11/01/10). Definitions -- Nuisance -- Right of action --Judgment.
(1) A nuisance is anything which is injurious to health, indecent, offensive to the senses,or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment oflife or property. A nuisance may be the subject of an action.
(2) A nuisance may include the following:
(a) drug houses and drug dealing as provided in Section 78B-6-1107;
(b) gambling as provided in Title 76, Chapter 10, Part 11;
(c) criminal activity committed in concert with two or more persons as provided inSection 76-3-203.1;
(d) party houses which frequently create conditions defined in Subsection (1); and
(e) prostitution as provided in Title 76, Chapter 10, Part 13.
(3) A nuisance under this part includes tobacco smoke that drifts into any residential unita person rents, leases, or owns, from another residential or commercial unit and the smoke:
(a) drifts in more than once in each of two or more consecutive seven-day periods; and
(b) creates any of the conditions under Subsection (1).
(4) Subsection (3) does not apply to:
(a) residential rental units available for temporary rental, such as for vacations, oravailable for only 30 or fewer days at a time; or
(b) hotel or motel rooms.
(5) Subsection (3) does not apply to any unit that is part of a timeshare development, asdefined in Section 57-19-2, or subject to a timeshare interest as defined in Section 57-19-2.
(6) An action may be brought by any person whose property is injuriously affected, orwhose personal enjoyment is lessened by the nuisance.
(7) "Agricultural operation" means any activity engaged in the commercial production ofcrops, orchards, aquaculture, livestock, poultry, livestock products, poultry products, and thefacilities, equipment, and property used to facilitate the activity.
(8) "Manufacturing facility" means any factory, plant, or other facility including itsappurtenances, where the form of raw materials, processed materials, commodities, or otherphysical objects is converted or otherwise changed into other materials, commodities, or physicalobjects or where such materials, commodities, or physical objects are combined to form a newmaterial, commodity, or physical object.
Amended by Chapter 21, 2009 General Session