HB 591

     Enrolled Copy  H.B. 591
1Nuisance Amendments
                                     2026 GENERAL SESSION
                                           STATE OF UTAH
                                   Chief Sponsor: Colin W. Jack
                                  Senate Sponsor: Brady Brammer
2
3  LONG TITLE
4  General Description:
5      This bill addresses private and public nuisances.
6  Highlighted Provisions:
7      This bill:
8      ▸ renumbers and repeals statutes in Title 47, Nuisances;
9      ▸ modifies definitions for public nuisance crimes;
10      ▸ repeals and renumbers statutes related to a civil action for a public nuisance;
11      ▸ renumbers statutory provisions in Title 78B, Chapter 6, Part 11, Nuisance, to Title 78B,
12  Chapter 6a, Civil Actions for Nuisances;
13      ▸ defines terms related to public and private nuisances;
14      ▸ abrogates the common law right of action for a public or private nuisance;
15      ▸ provides an exception for the attorney general with regard to the abrogation of the
16  common law civil right of action for a public or private nuisance;
17      ▸ creates a reporting requirement for the Judiciary Interim Committee regarding the
18  exception for the attorney general to the abrogation of the common law civil right of
19  action for a public or private nuisance;
20      ▸ creates rights of action for a public nuisance;
21      ▸ clarifies and amends the right of action for a private nuisance;
22      ▸ addresses defenses for private and public nuisance actions; and
23      ▸ makes technical and conforming changes.
24  Money Appropriated in this Bill:
25      None
26  Other Special Clauses:
27      None
     H.B. 591  Enrolled Copy
28   Utah Code Sections Affected:
29   AMENDS:
30      10-3-703, as last amended by Laws of Utah 2025, Chapter 141
31      17-64-501, as renumbered and amended by Laws of Utah 2025, First Special Session,
32      Chapter 13
33      17-81-101, as renumbered and amended by Laws of Utah 2025, First Special Session,
34      Chapter 14
35      17-81-304, as renumbered and amended by Laws of Utah 2025, First Special Session,
36      Chapter 14
37      23A-13-303, as last amended by Laws of Utah 2025, Chapter 173
38      40-11-13, as enacted by Laws of Utah 2022, Chapter 62
39      72-6-112.5, as last amended by Laws of Utah 2023, Chapter 22
40      76-5c-103, as renumbered and amended by Laws of Utah 2025, Chapter 173
41      76-9-1301, as renumbered and amended by Laws of Utah 2025, Chapter 173
42      78B-6-802, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 19
43      78B-6-805, as last amended by Laws of Utah 2018, Chapter 291
44      78B-6-806, as renumbered and amended by Laws of Utah 2008, Chapter 3
45      78B-6-811, as last amended by Laws of Utah 2025, Chapter 275
46      78B-6-813, as renumbered and amended by Laws of Utah 2008, Chapter 3
47   ENACTS:
48      4-47-101, Utah Code Annotated 1953
49      78B-6a-102, Utah Code Annotated 1953
50      78B-6a-201, Utah Code Annotated 1953
51      78B-6a-202, Utah Code Annotated 1953
52      78B-6a-203, Utah Code Annotated 1953
53      78B-6a-204, Utah Code Annotated 1953
54      78B-6a-301, Utah Code Annotated 1953
55      78B-6a-303, Utah Code Annotated 1953
56      78B-6a-401, Utah Code Annotated 1953
57      78B-6a-407, Utah Code Annotated 1953
58      78B-6a-408, Utah Code Annotated 1953
59   RENUMBERS AND AMENDS:
60      4-47-102, (Renumbered from 47-2-3, Utah Code Annotated 1953)
61      4-47-201, (Renumbered from 47-2-4, as last amended by Laws of Utah 2009, Chapter
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62      388)
63      4-47-202, (Renumbered from 47-2-5, as last amended by Laws of Utah 1993, Chapter
64      227)
65      4-47-203, (Renumbered from 47-2-6, as last amended by Laws of Utah 2025, Chapter
66      302)
67      4-47-204, (Renumbered from 47-2-7, as last amended by Laws of Utah 1993, Chapter
68      227)
69      53-5a-701, (Renumbered from 47-3-102, as last amended by Laws of Utah 2015,
70      Chapter 258)
71      53-5a-702, (Renumbered from 47-3-201, as renumbered and amended by Laws of
72      Utah 2013, Chapter 155)
73      53-5a-703, (Renumbered from 47-3-202, as renumbered and amended by Laws of
74      Utah 2013, Chapter 155)
75      53-5a-704, (Renumbered from 47-3-301, as enacted by Laws of Utah 2013, Chapter
76      155)
77      53-5a-705, (Renumbered from 47-3-302, as enacted by Laws of Utah 2013, Chapter
78      155)
79      53-5a-706, (Renumbered from 47-3-303, as enacted by Laws of Utah 2013, Chapter
80      155)
81      53-5a-707, (Renumbered from 47-3-304, as enacted by Laws of Utah 2013, Chapter
82      155)
83      53-5a-708, (Renumbered from 47-3-305, as last amended by Laws of Utah 2025,
84      Chapters 173, 208)
85      78B-6a-101, (Renumbered from 78B-6-1101, as last amended by Laws of Utah 2025,
86      First Special Session, Chapter 15)
87      78B-6a-103, (Renumbered from 78B-6-1114, as last amended by Laws of Utah 2025,
88      Chapter 141)
89      78B-6a-104, (Renumbered from 78B-6-1102.5, as last amended by Laws of Utah
90      2025, Chapter 141)
91      78B-6a-302, (Renumbered from 78B-6-1102, as last amended by Laws of Utah 2025,
92      Chapter 141)
93      78B-6a-304, (Renumbered from 78B-6-1113, as last amended by Laws of Utah 2025,
94      Chapter 141)
95      78B-6a-402, (Renumbered from 78B-6-1103, as last amended by Laws of Utah 2025,
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96Chapters 141, 173)
9778B-6a-403, (Renumbered from 78B-6-1115, as enacted by Laws of Utah 2019,
98Chapter 227)
9978B-6a-404, (Renumbered from 4-44-201, as enacted by Laws of Utah 2019, Chapter
10081)
10178B-6a-405, (Renumbered from 78B-6-1106, as last amended by Laws of Utah 2025,
102Chapter 141)
103   REPEALS:
1044-44-101, as enacted by Laws of Utah 2019, Chapter 81
1054-44-102, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
1064-44-202, as last amended by Laws of Utah 2025, Chapter 173
10747-1-1, Utah Code Annotated 1953
10847-1-2, as last amended by Laws of Utah 2024, Chapter 365
10947-1-3, as last amended by Laws of Utah 2024, Chapter 365
11047-1-4, as last amended by Laws of Utah 1986, Chapter 178
11147-1-5, as last amended by Laws of Utah 2025, Chapter 302
11247-1-6, Utah Code Annotated 1953
11347-1-7, as last amended by Laws of Utah 2024, Chapter 365
11447-1-8, as last amended by Laws of Utah 1986, Chapter 178
11547-2-1, Utah Code Annotated 1953
11647-2-2, Utah Code Annotated 1953
11747-3-101, as enacted by Laws of Utah 2013, Chapter 155
11876-9-1306, as renumbered and amended by Laws of Utah 2025, Chapter 173
11976-9-1307, as renumbered and amended by Laws of Utah 2025, Chapter 173
12078B-6-1107, as last amended by Laws of Utah 2025, Chapters 141, 173, 174, 178, and
121208
12278B-6-1108, as last amended by Laws of Utah 2025, Chapter 141
12378B-6-1109, as last amended by Laws of Utah 2025, Chapter 141
12478B-6-1110, as last amended by Laws of Utah 2025, Chapter 141
12578B-6-1111, as last amended by Laws of Utah 2025, Chapter 141
12678B-6-1112, as last amended by Laws of Utah 2025, Chapter 141
127
128   Be it enacted by the Legislature of the state of Utah:
129Section 1. Section 4-47-101 is enacted to read:
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130CHAPTER 47. Abandoned Horses
131Part 1. General Provisions
1324-47-101 . Definitions for chapter.
133     As used in this chapter:
134  (1)(a) "Abandoned horse" means any horse, ass, mule, or other animal of the genus
135      Equus, unbranded, or, if branded, that has escaped assessment for taxation for the
136      year next preceding the killing of such animal as hereinafter provided for, and
137      running at large upon the open range of this state.
138      (b) "Abandoned horse" includes a foal running with a dam described in Subsection (1)(a).
139  (2)(a) "Open range" means all land not privately owned.
140      (b) "Open range" includes all roads, outside of private enclosures, used by the public,
141whether the same have been formally dedicated to the public or not.
142  (3) "Unbranded" means an animal not bearing a decipherable brand recorded in accordance
143      with Section 4-24-202.
144Section 2. Section 4-47-102, which is renumbered from Section 47-2-3 is renumbered
145  and amended to read:
146[47-2-3] 4-47-102 . Abandoned horses on open range declared a public menace.
148
147  (1) It shall be unlawful for any person to suffer or permit any abandoned horse to run at
149      large upon the open range[, and every abandoned horse is declared to be a public
150      nuisance and a public menace, and is condemned subject to the right of its owner to
151      reclaim it under the conditions hereinafter provided.] .
152  (2) It is in the public interest that every abandoned horse be declared a public menace and is
153      condemned, subject to the right of the horse's owner to reclaim the horse under the
154      conditions described in this chapter.
155Section 3. Section 4-47-201, which is renumbered from Section 47-2-4 is renumbered
156  and amended to read:
157Part 2. Process for Abandoned Horses
158[47-2-4] 4-47-201 . Elimination by the county executive -- Notice of intention.
159  (1) The county executive may provide for the elimination of abandoned horses in the
160      respective counties in the following manner:
161      (a) The county executive shall cause notice to be:
162(i)(A) published at least once a week for three successive weeks in a newspaper of
163general circulation published in the county; and
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164(B) in accordance with Section 45-1-101, published for three weeks;
165(ii) posted in at least five public places outside of the county seat on public highways
166in such county; and
167(iii) posted in three public places at the county seat, one of which shall be at the front
168door of the courthouse.
169(b) The notices posted outside of the county seat shall be posted not less than two miles
170apart, and all posted notices shall be posted at least 30 days before the date which the
171county executive shall fix for the beginning of the elimination of abandoned horses
172from the range in such county as hereinafter provided.
173   (2) The notice shall be substantially in the following form:
174Notice is hereby given that in accordance with the provisions of law the county
175executive of ____ County, Utah, will proceed to eliminate abandoned horses from the open
176range in said county, and that beginning on __________(month\day\year), a drive will be held,
177and all abandoned horses running upon the open range will, under the direction and
178supervision of the county executive, be eliminated. All owners of horses running upon the
179open range are hereby given notice to file with the county executive a description of the
180horses, and the brands or marks thereon.
181Dated this __________(month\day\year).
182By order of the county executive of ____ County, Utah.
183_______________
184County Clerk.
185Section 4. Section 4-47-202, which is renumbered from Section 47-2-5 is renumbered
186   and amended to read:
187[47-2-5] 4-47-202 . Elimination by the county legislative body -- Method -- Sale.
188   (1) A policy for the manner and method of eliminating abandoned horses from the
189open range shall be in the discretion of the county legislative body, and it shall be [its]
190the county legislative body's duty to so eliminate abandoned horses, using the means
191most effective and economical under the circumstances.
192   (2) The county executive may sell all captured horses.
193Section 5. Section 4-47-203, which is renumbered from Section 47-2-6 is renumbered
194   and amended to read:
195[47-2-6] 4-47-203 . Owners may reclaim -- Damages -- Taxes.
196   (1) Any person owning any horses which are running at large in any county in which
197the county executive has given notice of intention to make a drive, as provided in this
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198      chapter, may within 30 days after the posting or the first publication of the notice
199      mentioned in Section [47-2-4] 4-47-201 file with the county executive a description of
200      such horses claimed by the person, giving the marks and brands, if any, which appear
201      thereon, and, if the county executive shall take into [its] the county executive's
202      possession any horses so claimed, [it] the county executive shall by registered letter
203      addressed to the owner or claimant of such horses notify the owner or claimant that the
204      same may be claimed within 10 days from the mailing of such notice; and such owner or
205      claimant shall be permitted upon application to the county legislative body to take
206      possession of such horses upon payment of the expense of caring for the same from the
207      date of capture.
208  (2) If any horses are killed by order of the county executive under the provisions of this
209      chapter, a description of which has been reported by the owner thereof to the county
210      legislative body, and ownership of such animals can be satisfactorily established, such
211      owner shall receive as damage therefor a sum not exceeding $10 for each animal;
212      provided, that the owner has paid all taxes assessed against said animal; provided
213      further, that payment of such claims may be made only from proceeds of sales of
214      captured horses.
215Section 6. Section 4-47-204, which is renumbered from Section 47-2-7 is renumbered
216  and amended to read:
217[47-2-7] 4-47-204 . Elimination from private property on request.
218     Abandoned horses may be eliminated from privately owned land by the county
219  executive in the same manner as from the open range when requested so to do by the owner of
220  such land.
221Section 7. Section 10-3-703 is amended to read:
22210-3-703 . Criminal penalties for violation of ordinance -- Civil penalties
223  prohibited -- Exceptions.
224  (1)(a) The governing body of a municipality may impose a criminal penalty for the
225      violation of any municipal ordinance by a fine not to exceed the maximum class B
226      misdemeanor fine under Section 76-3-301, by a term of imprisonment up to six
227      months, or by both the fine and term of imprisonment.
228      (b) Notwithstanding Subsection (1)(a), a municipality may not impose a criminal penalty
229greater than an infraction for a violation pertaining to an individual's pet, as defined
230in Section 4-12-102, or an individual's use of the individual's residence unless:
231(i) the violation:
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232(A) is a [nuisance as that term is defined in Section 78B-6-1101] private nuisance
233as that term is defined in Section 78B-6a-101; and
234(B) threatens the health, safety, or welfare of the individual or an identifiable third
235party; or
236(ii) the municipality has imposed a fine on the individual for a violation that involves
237the same residence or pet on three previous occasions within the past 12 months.
238(c) Subsection (1)(b) does not apply to municipal enforcement of a building code or fire
239code ordinance in accordance with Title 15A, State Construction and Fire Codes Act.
240   (2)(a) Except as provided in Subsection (2)(b), the governing body may prescribe a civil
241penalty for the violation of any municipal ordinance by a fine not to exceed the
242maximum class B misdemeanor fine under Section 76-3-301.
243(b) A municipality may not impose a civil penalty and adjudication for the violation of a
244municipal moving traffic ordinance.
245   (3)(a) Except as provided in Subsection (3)(b) or Section 77-7-18, a municipal officer or
246official who is not a law enforcement officer described in Section 53-13-103 or a
247special function officer described in Section 53-13-105 may not issue a criminal
248citation for a violation that is punished as a misdemeanor.
249(b) Notwithstanding Subsection (1) or (3)(a), the following may issue a criminal citation
250for a violation that is punished as a misdemeanor if the violation threatens the health
251and safety of an animal or the public:
252(i) a fire officer described in Section 53-7-102; or
253(ii) an animal control officer described in Section 11-46-102.
254   (4) A municipality may not issue more than one infraction within a 14-day time period for a
255violation described in Subsection (1)(b) that is ongoing.
256Section 8. Section 17-64-501 is amended to read:
25717-64-501 . Ordinances -- Power to enact -- Penalty for violation.
258   (1) A legislative body may:
259(a) pass ordinances:
260(i) necessary for carrying into effect or discharging the powers and duties conferred
261by this title; and
262(ii) as are necessary and proper to provide for the safety, and preserve the health,
263promote the prosperity, improve the morals, peace, and good order, comfort, and
264convenience of the county and county inhabitants, and for the protection of
265property in the county;
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266      (b) enforce obedience to ordinances with fines or penalties as the legislative body
267considers proper;
268      (c) pass ordinances to control air pollution;
269      (d) pass resolutions; and
270      (e) make or adopt policies that conform with a county ordinance, county resolution, or
271provision of state or federal law.
272  (2)(a)(i) Punishment imposed under Subsection (1)(b) shall be by fine, imprisonment,
273      or both fine and imprisonment.
274(ii) A fine imposed under Subsection (2)(a)(i) may not exceed the maximum fine for
275a class B misdemeanor under Section 76-3-301.
276      (b) Notwithstanding Subsection (2)(a), a county may not impose a criminal penalty
277greater than an infraction for a violation pertaining to an individual's pet, as defined
278in Section 4-12-102, or an individual's use of the individual's residence unless:
279(i) the violation:
280(A) is a [nuisance as that term is defined in Section 78B-6-1101] private nuisance
281as described in Section 78B-6a-101; and
282(B) threatens the health, safety, or welfare of the individual or an identifiable third
283party; or
284(ii) the county has imposed a fine on the individual for a violation that involves the
285same residence or pet on three previous occasions within the past 12 months.
286      (c) Subsection (2)(b) does not apply to county enforcement of a building code or fire
287code ordinance in accordance with Title 15A, State Construction and Fire Codes Act.
288      (d) When a penalty for a violation of an ordinance includes any possibility of
289imprisonment, the legislative body shall include in the ordinance a statement that the
290county is required, under Section 78B-22-301, to provide for indigent defense
291services, as that term is defined in Section 78B-22-102.
292      (e) Notwithstanding any other provision of law, the following may issue a criminal
293citation for a violation that is punished as a misdemeanor if the violation threatens the
294health and safety of an animal or the public:
295(i) a fire officer described in Section 53-7-102;
296(ii) a law enforcement officer described in Section 53-13-103; or
297(iii) an animal control officer described in Section 11-46-102.
298  (3)(a) Except as specifically authorized by statute, the legislative body may not impose a
299      civil penalty for the violation of a county traffic ordinance.
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300(b) Subsection (3)(a) does not apply to an ordinance regulating the parking of vehicles
301on a highway.
302   (4) A county may not issue more than one infraction within a 14-day period for a violation
303described in Subsection (2)(b) that is ongoing.
304Section 9. Section 17-81-101 is amended to read:
30517-81-101 . Definitions.
306      As used in this chapter:
307   (1) "Advisory board" means:
308(a) for an agriculture protection area, the agriculture protection area advisory board
309created as provided in Section 17-81-102;
310(b) for an industrial protection area, the industrial protection area advisory board created
311as provided in Section 17-81-102; and
312(c) for a critical infrastructure materials protection area, the critical infrastructure
313materials protection area advisory board created as provided in Section 17-81-102.
314   (2) "Agricultural land" means the same as the term "land in agricultural use" is defined in
315Section 59-2-502.
316   (3) "Agricultural operation" means the same as that term is defined in Section 78B-6a-101.
317   [(3)] (4)(a) "Agriculture production" means production for commercial purposes of
318crops, livestock, and livestock products.
319(b) "Agriculture production" includes the processing or retail marketing of any crops,
320livestock, and livestock products when more than 50% of the processed or
321merchandised products are produced by the farm operator.
322   [(4)] (5) "Agriculture protection area" means a geographic area created under the authority
323of this chapter that is granted the specific legal protections contained in this chapter.
324   [(5)] (6) "Applicable legislative body" means:
325(a) with respect to a proposed agriculture protection area, industrial protection area, or
326critical infrastructure materials protection area:
327(i) the legislative body of the county in which the land proposed to be included in the
328relevant protection area is located, if the land is within the unincorporated part of
329the county; or
330(ii) the legislative body of the city or town in which the land proposed to be included
331in the relevant protection area is located; and
332(b) with respect to an existing agriculture protection area, industrial protection area, or
333critical infrastructure materials protection area:
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334(i) the legislative body of the county in which the relevant protection area is located,
335if the relevant protection area is within the unincorporated part of the county; or
336(ii) the legislative body of the city or town in which the relevant protection area is
337located.
338  [(6)] (7) "Board" means the Board of Oil, Gas, and Mining created in Section 40-6-4.
339  [(7)] (8) "Commercial quantities" means critical infrastructure materials:
340      (a) extracted or processed by a commercial enterprise in the ordinary course of business;
341and
342      (b) in a sufficient amount that the critical infrastructure materials introduction into
343commerce would create a reasonable expectation of profit.
344  [(8)] (9) "Contiguous land" means surface or subsurface land that shares a common
345      boundary and is not separated by a highway as defined in Section 41-6a-102.
346  [(9)] (10) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
347  [(10)] (11) "Critical infrastructure materials operations" means the extraction, excavation,
348      processing, or reprocessing of critical infrastructure materials.
349  [(11)] (12) "Critical infrastructure materials operator" means a natural person, corporation,
350      association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary,
351      agent, or other organization or representative, either public or private, including a
352      successor, assign, affiliate, subsidiary, and related parent company, that:
353      (a) owns, controls, or manages a critical infrastructure materials operation; and
354      (b) has produced commercial quantities of critical infrastructure materials from the
355critical infrastructure materials operations.
356  [(12)] (13) "Critical infrastructure materials protection area" means a geographic area
357      created under the authority of this chapter on or after May 14, 2019, that is granted the
358      specific legal protections contained in this chapter.
359  [(13)] (14) "Critical infrastructure materials use" means the extraction, excavation,
360      processing, or reprocessing of critical infrastructure materials.
361  [(14)] (15) "Crops, livestock, and livestock products" includes:
362      (a) land devoted to the raising of useful plants and animals with a reasonable expectation
363of profit, including:
364(i) forages and sod crops;
365(ii) grains and feed crops;
366(iii) livestock, as that term is defined in Section 59-2-102;
367(iv) trees and fruits; or
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368(v) vegetables, nursery, floral, and ornamental stock; or
369(b) land devoted to and meeting the requirements and qualifications for payments or
370other compensation under a crop-land retirement program with an agency of the state
371or federal government.
372   [(15)] (16) "Division" means the Division of Oil, Gas, and Mining created in Section 40-6-15.
373   [(16)] (17) "Existing legal use" means a critical infrastructure materials use that has operated
374in accordance with:
375(a) a legal nonconforming use that has not been abandoned for more than 24 consecutive
376months; or
377(b) a permit issued by the applicable political subdivision.
378   [(17)] (18) "Industrial protection area" means a geographic area created under the authority
379of this chapter that is granted the specific legal protections contained in this chapter.
380   [(18)] (19) "Mine operator" means a natural person, corporation, association, partnership,
381receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other
382organization or representative, either public or private, including a successor, assign,
383affiliate, subsidiary, and related parent company, that, before January 1, 2019:
384(a) owns, controls, or manages a mining use under a large mine permit issued by the
385division or the board; and
386(b) has produced commercial quantities of a mineral deposit from the mining use.
387   [(19)] (20) "Mineral deposit" means the same as that term is defined in Section 40-8-4.
388   [(20)] (21) "Mining protection area" means land where a vested mining use occurs,
389including each surface or subsurface land or mineral estate that a mine operator with a
390vested mining use owns or controls on January 1, 2026.
391   [(21)] (22) "Mining use":
392(a) means:
393(i) the full range of activities, from prospecting and exploration to reclamation and
394closure, associated with the exploitation of a mineral deposit; and
395(ii) the use of the surface and subsurface and groundwater and surface water of an
396area in connection with the activities described in Subsection [(21)(a)(i)] (22)(a)(i)
397that have been, are being, or will be conducted; and
398(b) includes, whether conducted on-site or off-site:
399(i) any sampling, staking, surveying, exploration, or development activity;
400(ii) any drilling, blasting, excavating, or tunneling;
401(iii) the removal, transport, treatment, deposition, and reclamation of overburden,
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402development rock, tailings, and other waste material;
403(iv) any removal, transportation, extraction, beneficiation, or processing of ore;
404(v) any smelting, refining, autoclaving, or other primary or secondary processing
405operation;
406(vi) the recovery of any mineral left in residue from a previous extraction or
407processing operation;
408(vii) a mining activity that is identified in a work plan or permitting document;
409(viii) the use, operation, maintenance, repair, replacement, or alteration of a building,
410structure, facility, equipment, machine, tool, or other material or property that
411results from or is used in a surface or subsurface mining operation or activity;
412(ix) any accessory, incidental, or ancillary activity or use, both active and passive,
413including a utility, private way or road, pipeline, land excavation, working,
414embankment, pond, gravel excavation, mining waste, conveyor, power line,
415trackage, storage, reserve, passive use area, buffer zone, and power production
416facility;
417(x) the construction of a storage, factory, processing, or maintenance facility; and
418(xi) an activity described in Subsection 40-8-4(19)(a).
419  [(22)] (23)(a) "Municipal" means of or relating to a city or town.
420      (b) "Municipality" means a city or town.
421  [(23)] (24) "New land" means surface or subsurface land or mineral estate that a mine
422      operator gains ownership or control of, whether that land or mineral estate is included in
423      the mine operator's large mine permit.
424  [(24)] (25) "Off-site" means the same as that term is defined in Section 40-8-4.
425  [(25)] (26) "On-site" means the same as that term is defined in Section 40-8-4.
426  [(26)] (27)(a) "Open land" means land that is:
427(i) preserved in or restored to a predominantly natural, open, and undeveloped
428condition; and
429(ii) used for:
430(A) wildlife habitat;
431(B) cultural or recreational use;
432(C) watershed protection; or
433(D) another use consistent with the preservation of the land in, or restoration of
434the land to, a predominantly natural, open, and undeveloped condition.
435      (b) "Open land" includes land described in Subsection [(26)(a)] (27)(a) that contains
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436facilities, including trails, waterways, and grassy areas, that, in the judgment of the
437county legislative body:
438(i) enhance the natural, scenic, or aesthetic qualities of the land; or
439(ii) facilitate the public's access to, or use of, the land for the enjoyment of the land's
440natural, scenic, or aesthetic qualities and for compatible recreational activities.
441(c) "Open land" does not include land whose predominant use is as a developed facility
442for active recreational activities played on fields or courses, including baseball,
443tennis, soccer, golf, or other sporting or similar activities.
444   [(27)] (28) "Planning commission" means:
445(a) a countywide planning commission if the land proposed to be included in the
446agriculture protection area, industrial protection area, or critical infrastructure
447materials protection area is within the unincorporated part of the county and not
448within a planning advisory area;
449(b) a planning advisory area planning commission if the land proposed to be included in
450the agriculture protection area, industrial protection area, or critical infrastructure
451materials protection area is within a planning advisory area; or
452(c) a planning commission of a city or town if the land proposed to be included in the
453agriculture protection area, industrial protection area, or critical infrastructure
454materials protection area is within a city or town.
455   [(28)] (29) "Political subdivision" means a county, city, town, school district, special
456district, or special service district.
457   [(29)] (30) "Proposal sponsors" means the owners of land in agricultural production,
458industrial use, or critical infrastructure materials operations who are sponsoring the
459proposal for creating an agriculture protection area, industrial protection area, or critical
460infrastructure materials protection area.
461   [(30)] (31) "Public land county" means a county in which over 50% of the land area is
462publicly owned.
463   [(31)] (32) "Rollback tax funds" means the rollback taxes or in lieu fee payments paid to a
464county in accordance with Sections 59-2-506, 59-2-511, 59-2-1705, and 59-2-1710.
465   [(32)] (33) "State agency" means each department, commission, board, council, agency,
466institution, officer, corporation, fund, division, office, committee, authority, laboratory,
467library, unit, bureau, panel, or other administrative unit of the state.
468   [(33)] (34) "Unincorporated" means not within a city or town.
469   [(34)] (35) "Vested critical infrastructure materials use" means a critical infrastructure
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470      materials operations use by a critical infrastructure materials operator that is an existing
471      legal use.
472  [(35)] (36) "Vested mining use" means a mining use:
473      (a) by a mine operator; and
474      (b) that existed or was conducted or otherwise engaged in before a political subdivision
475prohibits, restricts, or otherwise limits a mining use.
476Section 10. Section 17-81-304 is amended to read:
47717-81-304 . Public nuisance ordinances.
478  (1) A political subdivision shall ensure that any of the political subdivision's laws or
479      ordinances that define or prohibit a public nuisance exclude from the definition or
480      prohibition:
481      (a) for an agriculture protection area, any agricultural activity or operation within an
482agriculture protection area conducted using sound agricultural practices unless that
483activity or operation bears a direct relationship to public health or safety;
484      (b) for an industrial protection area, any industrial use of the land within the industrial
485protection area that is consistent with sound practices applicable to the industrial use,
486unless that use bears a direct relationship to public health or safety; or
487      (c) for a critical infrastructure materials protection area, any critical infrastructure
488materials operations on the land within the critical infrastructure materials protection
489area that is consistent with sound practices applicable to the critical infrastructure
490materials operations, unless that use bears a direct relationship to public health or
491safety.
492  (2)(a) For an agricultural protection area, an ordinance of a political subdivision does not
493      apply to an agricultural operation that is conducted in the normal and ordinary course
494      of an agricultural operation or conducted in accordance with sound agricultural
495      practices if that ordinance:
496(i) would make the agricultural operation, or appurtenances to the agricultural
497operation, a public nuisance; or
498(ii) provides for abatement of the agricultural operation as a public nuisance.
499      (b) An agricultural operation undertaken in conformity with federal, state, and local laws
500and regulations, including zoning ordinances, is presumed to be operating within
501sound agricultural practices.
502  [(2) In a civil action for nuisance or a criminal action for public nuisance under Section
503      76-9-1301, it is a complete defense if the action involves agricultural activities and:]
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504[(a) those agricultural activities were:]
505[(i) conducted within an agriculture protection area; and]
506[(ii) not in violation of any federal, state, or local law or regulation relating to the
507alleged nuisance or were conducted according to sound agricultural practices; or]
508[(b) a defense under Section 4-44-201 applies.]
509   (3)(a) A vested mining use undertaken in conformity with applicable federal and state
510law and regulations is presumed to be operating within sound mining practices.
511(b) A vested mining use that is consistent with sound mining practices:
512(i) is presumed to be reasonable; and
513(ii) may not constitute a [private or public nuisance ] private nuisance or public
514nuisance under Title 78B, Chapter 6a, Civil Actions for Nuisances, or a public
515nuisance under Section 76-9-1301.
516(c) A vested mining use in operation for more than three years may not be considered to
517have become a private or public nuisance because of a subsequent change in the
518condition of land within the vicinity of the vested mining use.
519   (4) The county recorder shall, from time to time, ensure compliance with Section 17-79-716
520in regard to subdivision development near a protection area.
521Section 11. Section 23A-13-303 is amended to read:
52223A-13-303 . County public nuisance laws.
523   (1)(a) A county shall exclude the activities described in Subsection (1)(b) from the
524definition of public nuisance in a county law or ordinance regulating a public
525nuisance.
526(b) An activity or occurrence normally associated with a migratory bird production area
527is not a nuisance, including:
528(i) hunting;
529(ii) discharging a firearm;
530(iii) improving habitat;
531(iv) trapping;
532(v) eradicating weeds;
533(vi) discing;
534(vii) planting;
535(viii) impounding water;
536(ix) raising a bird or other domestic animal;
537(x) grazing;
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538(xi) an activity conducted in the normal course of an agricultural operation as defined
539in Section [4-44-102] 78B-6a-101; and
540(xii) an odor.
541  [(2) In a civil action for nuisance or a criminal action for public nuisance under Section
542      76-9-1301, it is a complete defense if the action is:]
543      [(a) normally associated with a migratory bird production area;]
544      [(b) conducted within a migratory bird production area; and]
545      [(c) not in violation of federal or state law.]
546  [(3)] (2) An owner of a new development located in whole or in part within 1,000 feet of a
547      migratory bird production area shall provide the following notice on a plat filed with the
548      county recorder:
549"Migratory Bird Production Area
550This property is located in the vicinity of an established migratory bird production area
551      in which hunting and activities related to the management and operation of land for the benefit
552      of migratory birds have been afforded the highest priority use status. It can be anticipated that
553      these uses and activities may now or in the future be conducted on land within the migratory
554      bird production area. The use and enjoyment of this property is expressly conditioned on
555      acceptance of any annoyance or inconvenience that may result from activities normally
556      associated with a migratory bird production area."
557Section 12. Section 40-11-13 is amended to read:
55840-11-13 . Reservoir integrity.
559  (1) Carbon dioxide injected into and stored in a reservoir in compliance with the
560      requirements of this section is not:
561      (a) pollution, as that term is defined in Section 4-18-103; or
562      (b) a private nuisance or a public nuisance, as defined in Section 78B-6a-101.
563      [(b) a nuisance, as that term is defined in Section 4-44-102.]
564  (2) A reservoir is only appropriate for geologic carbon storage if the board determines and
565      the operator demonstrates that:
566      (a) carbon dioxide cannot escape the reservoir at a rate exceeding the lower of 1% or the
567standard recommended by the Environmental Protection Agency;
568      (b) no additional substances will be introduced into the storage facility that could
569compromise the integrity of the storage reservoir; and
570      (c) the operator has a plan to maintain the integrity of the reservoir.
571  (3) When making a determination described in Subsection (2), the board may rely upon:
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572(a) a finding from the Utah Geological Survey, created in Section 79-3-201 that the
573reservoir is appropriate for the storage of carbon dioxide; and
574(b) reports and findings from the Department of Environmental Quality, created in
575Section 19-1-104.
576   (4) The board shall take action to enforce the provisions of this section.
577Section 13. Section 53-5a-701, which is renumbered from Section 47-3-102 is renumbered
578   and amended to read:
579Part 7. Shooting Ranges
580[47-3-102] 53-5a-701 . Definitions for part.
581      As used in this [chapter] part:
582   (1) "Air gun" means a .177 or .20 caliber, or equivalent 4.5mm or 5.0mm, pellet rifle or
583pellet pistol whose projectile is pneumatically propelled by compressed air or
584compressed gas such as carbon dioxide.
585   (2) "Certified official" means a [Range Safety Officer, Firearms Instructor, or Shooting
586Coach] range safety officer, firearms instructor, or shooting coach certified by the
587National Rifle Association or equivalent national shooting organization.
588   (3) "Group" means any organized club, organization, corporation, or association which at
589the time of use of the shooting range has a certified official in charge while shooting is
590taking place and while the range is open.
591   (4) "Military range" means a shooting range located on a state military installation.
592   (5) "Nonmilitary range" means a shooting range that is not a military range.
593   (6) "Political subdivision" has the same meaning as defined in Section 17B-1-102 and
594includes a school district.
595   (7) "Public funds" means funds provided by the federal government, the state, or a political
596subdivision of the state.
597   (8) "Shooting range" or "range" means an area designed and continuously operated under
598nationally recognized standards and operating practices for the use of rifles, shotguns,
599pistols, silhouettes, skeet, trap, black powder, archery, or any other similar shooting
600activities.
601Section 14. Section 53-5a-702, which is renumbered from Section 47-3-201 is renumbered
602   and amended to read:
603[47-3-201] 53-5a-702 . Assumption of risk.
604   (1) A person who participates in shooting at a shooting range or a public shooting
605range accepts the associated risks to the extent the risks are obvious and inherent. [
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606      Those risks]
607  (2) The risks described in Subsection (1) include injuries that may result from noise,
608      discharge of projectile or shot, malfunction of shooting equipment not owned by the
609      shooting range or public shooting range, natural variations in terrain, surface or
610      subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural
611      growth or debris.
612Section 15. Section 53-5a-703, which is renumbered from Section 47-3-202 is renumbered
613  and amended to read:
614[47-3-202] 53-5a-703 . Shooting range as a public nuisance -- Notice for new
615  subdivision development.
616  (1) A state agency or political subdivision shall ensure that any of [its] the state agency's or
617      political subdivision's rules or ordinances that define or prohibit a public nuisance
618      exclude from the definition or prohibition any shooting range or public shooting range
619      that was established, constructed, or operated [prior to] before the implementation of the
620      rule or ordinance regarding public nuisance unless that activity or operation substantially
621      and adversely affects public health or safety.
622  [(2) A person who operates or uses a shooting range or a public shooting range in this state
623      is not subject to civil liability or criminal prosecution for noise or noise pollution
624      resulting from the operation or use of the range if:]
625      [(a) the range:]
626[(i) was established, constructed, or operated prior to the implementation of any noise
627ordinances, rules, or regulations; and]
628[(ii) does not substantially and adversely affect public health or safety; or]
629      [(b) the range:]
630[(i) is in compliance with any noise control laws, ordinances, rules, or regulations
631that applied to the range or public shooting range and its operation at the time of
632establishment, construction, or initial operation of the range; and]
633[(ii) does not substantially and adversely affect public health or safety.]
634  [(3) For purposes of this section, noise generated by a shooting range or public shooting
635      range that is operated in accordance with nationally recognized standards and operating
636      practices is not a public health nuisance.]
637  [(4)] (2) For any new subdivision development located in whole or in part within 1,000 feet
638      of the boundary of any shooting range or public shooting range that was established,
639      constructed, or operated [prior to] before the development of the subdivision, the owner
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640of the development shall provide on any plat filed with the county recorder the following
641notice:
642"Shooting Range Area
643This property is located in the vicinity of an established shooting range or public
644shooting range. It can be anticipated that customary uses and activities at this shooting
645range or public shooting range will be conducted now and in the future. The use and
646enjoyment of this property is expressly conditioned on acceptance of any annoyance or
647inconvenience that may result from these uses and activities."
648Section 16. Section 53-5a-704, which is renumbered from Section 47-3-301 is renumbered
649   and amended to read:
650[47-3-301] 53-5a-704 . Access to publicly funded ranges.
651      A shooting range, whether indoor or outdoor, constructed with public funds and
652   operated or controlled by the state, an institution of higher education, or a political subdivision,
653   shall, unless specifically exempted in Section [47-3-305] 53-5a-708, be made available as
654   provided in this section for use by any group.
655Section 17. Section 53-5a-705, which is renumbered from Section 47-3-302 is renumbered
656   and amended to read:
657[47-3-302] 53-5a-705 . Use and availability.
658   (1) Use of a shooting range by a group may not interfere with the use of the range by the
659state agency, military, institution of higher education, or political subdivision for whom
660the range was constructed.
661   (2) Outdoor shooting ranges shall be available on weekends and holidays, provided they are
662not being used for shooting and training purposes by the owner or operator of the range.
663   (3)(a) Each group that uses a shooting range owned or operated by a state agency,
664institution of higher education, or political subdivision shall provide a certified
665official to oversee their shooting activities while on the range.
666(b) If the group does not have a certified official that is currently available, the owner or
667operator of the shooting range may provide one and charge a fee for that certified
668official's time.
669   (4) A group using a public shooting range may not have anyone with the group who is
670prohibited from possessing a firearm.
671   (5) Each group shall provide documentation of current and applicable liability insurance or
672waivers of liability to cover each state agency, institution of higher education, or a
673political subdivision, for each person shooting on or controlling the shooting range.
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674  (6) Shooting range operations shall be in accordance with safety standards adopted by the
675      National Rifle Association or equivalent national shooting organization.
676  (7) Staff from the owner or operator of the shooting range is not required to be present
677      unless there is no certified official present with the group.
678  (8) The certified official in charge at the applicable time shall be responsible for opening
679      and securely closing the shooting range.
680Section 18. Section 53-5a-706, which is renumbered from Section 47-3-303 is renumbered
681  and amended to read:
682[47-3-303] 53-5a-706 . Rulemaking.
683  (1) The State Armory Board, any state agency, or institution of higher education that
684      operates or has control of a shooting range shall make rules in accordance with Title
685      63G, Chapter 3, Utah Administrative Rulemaking Act, to implement procedures for use
686      of the range by the public.
687  (2) The rules shall include provisions requiring indoor shooting ranges to be available on a
688      reservation basis, for firearms not exceeding the range design criteria:
689      (a) at least twice per week;
690      (b) after 4 p.m. on work or school days, or after students and faculty are excused or
691dismissed on the work or school day; and
692      (c) between 8 a.m. and 10 p.m. on weekends.
693Section 19. Section 53-5a-707, which is renumbered from Section 47-3-304 is renumbered
694  and amended to read:
695[47-3-304] 53-5a-707 . Fees.
696  (1) Reasonable fees for the use of a shooting range to cover the incidental material and
697      supply costs incurred by making the range available to a group, may be established by:
698      (a) the State Armory Board established under Title 39A, Chapter 2, State Armory Board,
699for a military range; and
700      (b) for a nonmilitary range, the state agency, institution of higher education, or political
701subdivision that operates or has control of the range.
702  (2) Fees for nonmilitary shooting range use may not exceed fees charged by the Department
703      of Natural Resources for the same or similar activity.
704  (3) Fees collected under Subsection (1) shall be:
705      (a) for a shooting range operated or controlled by a state agency or an institution of
706higher education, deposited [in] into the General Fund as dedicated credits to be used
707for the operation and maintenance of the range; and
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708(b) for a shooting range operated or controlled by a political subdivision, deposited in
709the political subdivision's general fund.
710Section 20. Section 53-5a-708, which is renumbered from Section 47-3-305 is renumbered
711   and amended to read:
712[47-3-305] 53-5a-708 . Exceptions and prohibitions.
713   (1) [This part does] Sections 53-5a-704 through 53-5a-707 do not apply to:
714(a) shooting ranges that are otherwise open to the public;
715(b) shooting ranges that are operated as a public shooting range staffed by and operated
716by Division of Wildlife Resources;
717(c) the Utah National Guard ranges located at Camp Williams and the Salt Lake
718International Airport;
719(d) Department of Corrections ranges; and
720(e) ranges owned, operated, or currently leased as of March 26, 2013, by a state or local
721public safety agency.
722   (2)(a) Firearms may not be allowed in a school building, except under the provision of
723Section 76-11-205 or 76-11-205.5, unless there is an outdoor entrance to the shooting
724range and the most direct access to the range is used.
725(b) An outdoor entrance to a shooting range may not be blocked by fences, structures, or
726gates for the purpose of blocking the outdoor entrance.
727   (3)(a) Only air guns may be used in public ranges where the ventilation systems do not
728meet current OSHA standards as applied to the duration of exposure of the
729participants.
730(b) For the purposes of this part, an air gun does not include larger caliber pneumatic
731weapons, paintball guns, or air shotguns.
732   (4) Group range use is a lawful, approved activity under Subsection 76-11-205(4)(f) or
73376-11-205.5(4)(g).
734Section 21. Section 72-6-112.5 is amended to read:
73572-6-112.5 . Definitions -- Nighttime highway construction noise -- Exemptions --
736   Permits.
737   (1) As used in this section:
738(a) "Commuter rail" means the same as that term is defined in Section 63N-3-602.
739(b)(i) "Front row receptor" means a noise-sensitive residential receptor that is:
740(A) immediately adjacent to a transportation facility; or
741(B) within 800 feet of a transportation facility that is within a commercial or
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742industrialized area.
743(ii) "Front row receptor" includes a residence that is contiguous to a property
744immediately adjacent to a transportation facility in a residential area.
745      (c) "Nighttime construction" means highway or public transit facility construction
746occurring between the hours of 10:00 p.m. and 7:00 a.m.
747      [(d) "Nuisance" means the same as that term is defined in Section 78B-6-1101.]
748      [(e)] (d)(i) "Permitted activities" means activities occurring between the hours of 7:00
749p.m. and 7:00 a.m. that are related to and necessary for nighttime construction,
750whether occurring at the construction site or at a gravel pit or other site for
751production of raw materials, and includes:
752(A) loading and unloading of trucks;
753(B) asphalt mixing and hauling; and
754(C) concrete mixing and hauling.
755(ii) "Permitted activities" does not include:
756(A) blasting; or
757(B) crushing.
758      (e) "Private nuisance" means the same as that term is defined in Section 78B-6a-101.
759  (2) The following projects are exempt from any noise ordinance, regulation, or standard of
760      a local jurisdictional authority:
761      (a) a state highway construction project conducted on a road where the normal posted
762speed limit is 55 miles per hour or greater; or
763      (b) a commuter rail construction project.
764  (3) Except for a project described in Subsection (2), a state highway or a public transit
765      facility construction project is exempt from any noise ordinance, regulation, or standard
766      of a local jurisdictional authority if the department:
767      (a) provides reasonable written notice at least 48 hours in advance of any required
768nighttime construction to each residential dwelling located within front row receptors
769of the activity;
770      (b) determines a net community, including traveler community, benefit exists to conduct
771nighttime highway construction after considering the following:
772(i) public health;
773(ii) project completion time;
774(iii) air quality;
775(iv) traffic;
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776(v) economics;
777(vi) safety; and
778(vii) local jurisdiction concerns; and
779(c) institutes best management noise reduction practices, as determined by the
780department, for front row receptors, in consultation with local government or the
781local jurisdictional authority for all nighttime construction, which may include:
782(i) equipment maintenance;
783(ii) noise shielding;
784(iii) scheduling the most noise intrusive activities during the day; and
785(iv) other noise mitigation methods.
786   (4)(a) Subject to Subsection (2) or (3), a state highway project or public transit facility
787construction shall secure required noise permits from the local jurisdictional authority
788to conduct nighttime construction.
789(b) To the extent practical, the department shall coordinate with the local jurisdictional
790authority during the pre-construction phase of a project to address noise exemption
791conditions.
792   (5) A local jurisdictional authority shall issue a nighttime construction permit limited to
793permitted activities if:
794(a) the applicant provides evidence that the permitted activities are directly related to and
795necessary for a nighttime construction project for which the department has obtained
796a noise permit from a local jurisdictional authority [pursuant to] in accordance with
797Subsection (4); and
798(b) the local jurisdictional authority determines that any private nuisance that may be
799caused by the nighttime construction may be reasonably mitigated.
800   (6) A local jurisdictional authority shall issue a nighttime construction noise permit without
801additional requirements to the department at the request of the department or the
802department's designated project agent if the requirements of Subsection (2) or (3) are
803met.
804   (7)(a) A local jurisdictional authority may request adjustments to a nighttime
805construction permit to mitigate unreasonable noise disturbances caused by nighttime
806construction or permitted activities.
807(b) If adjustments are requested as described in Subsection (7)(a), the nighttime
808construction permit holder shall use best management noise reduction practices to
809mitigate unreasonable noise disturbances.
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810  (8)(a) For the exemption provided in Subsection (3) and in accordance with Title 63G,
811      Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules
812      establishing procedures:
813(i) for a local jurisdictional authority or local government to appeal the decision of
814the department to conduct nighttime construction; and
815(ii) for the local jurisdictional authority to request that the department enforce the
816terms of a noise permit.
817      (b) After review and upon receiving a written notice from a local jurisdictional authority
818that the conditions for the noise exemption permit are not met, the department shall
819take corrective action to ensure nighttime construction activities meet requirements
820of the local permit.
821Section 22. Section 76-5c-103 is amended to read:
82276-5c-103 . Relation to other state and local laws.
823  (1)(a) A county, city, or other political subdivision has the right to regulate pornographic
824      materials or materials harmful to minors as this chapter does not proscribe or limit
825      the regulation of pornographic materials or materials harmful to minors by a county,
826      city, or other political subdivision.
827      (b) Without limitation, a political subdivision may further regulate pornographic
828materials or materials harmful to minors by ordinances relating to:
829(i) zoning;
830(ii) licensing;
831(iii) public nuisances;
832(iv) a specific type of business such as adult bookstores or drive-in movies; or
833(v) use of blinder racks.
834  (2) This chapter does not preclude the application of other laws of this state to pornographic
835      materials or materials harmful to minors and, without limitation, this chapter is not in
836      derogation of Subsection 76-9-1301(2) and Section [76-9-1306] 78B-6a-204.
837  (3)(a) The commission of a crime under this chapter offends public decency under
838      Subsection 76-9-1301(2).
839      (b) It is the intent of this chapter to give the broadest meaning permissible under the
840United States Constitution and the Utah Constitution to the words "offends public
841decency" in Subsection 76-9-1301(2).
842Section 23. Section 76-9-1301 is amended to read:
84376-9-1301 . Definitions.
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844      As used in this part:
845   (1) "Agricultural operation" means the same as that term is defined in Section 78B-6a-101.
846   (2) "Agricultural protection area" means the same as that term is defined in Section
84717-18-101.
848   [(1)] (3) "Controlled substance" means the same as that term is defined in Section 58-37-2.
849   (4) "Critical infrastructure materials operation" means the same as the term "critical
850infrastructure materials use" is defined in Section 10-20-701.
851   (5) "Manufacturing facility" means the same as that term is defined in Section 78B-6a-101.
852   (6) "Migratory bird production area" means the same as that term is defined in Section
85323A-13-101.
854   [(2)] (7) "Nuisance" means an item, thing, manner, or condition that:
855(a) is dangerous to human life or health; or
856(b) renders soil, air, water, or food impure or unwholesome.
857   [(3)] (8)(a) "Public nuisance" means unlawfully committing an act or omitting to perform
858a duty[, which] and the act or duty:
859(i) annoys, injures, or endangers the comfort, repose, health, or safety of three or
860more persons, regardless of the extent to which the annoyance, injury, or
861endangerment inflicted on the persons is unequal;
862(ii) offends public decency;
863(iii) unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous
864for passage, a lake, stream, canal, or basin, or a public park, square, street, or
865highway;
866(iv) is a [nuisance as described in Section 78B-6-1107, Nuisance -- Drug houses and
867drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution
868-- Weapons -- Abatement by eviction] private nuisance as defined in Section
86978B-6a-101; or
870(v) renders three or more persons insecure in life or the use of property, regardless of
871the extent to which the effect inflicted on the persons is unequal.
872(b) "Public nuisance" [is presumed to] does not include:
873(i) [activities] an activity conducted in the normal and ordinary course of [agricultural
874operations, as defined in Section 4-44-102,] an agricultural operation and
875conducted in accordance with sound agricultural practices, with the presumption
876that [agricultural operations] an agricultural operation undertaken in conformity
877with federal, state, and local laws and regulations, including zoning ordinances, [
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878are] is operating within sound agricultural practices; [or]
879(ii) [activities] an activity conducted in the normal and ordinary course of [critical
880infrastructure materials operations, as defined in Section 78B-6-1101,] a critical
881infrastructure materials operation and conducted in accordance with sound critical
882infrastructure materials practices, with the presumption that a critical
883infrastructure materials [operations] operation undertaken in conformity with
884federal, state, and local laws and regulations, including zoning ordinances, [are] is
885operating within sound critical infrastructure materials [operations.] practices;
886(iii) an activity normally associated with a migratory bird production area, that is
887conducted within a migratory bird production area, and is not in violation of state
888or federal law;
889(iv) an activity at a manufacturing facility if the manufacturing facility has a defense
890against a civil action for the activity under Section 78B-6a-402;
891(v) noise or noise pollution resulting from the operation or use of a shooting range if
892the shooting range:
893(A)(I) was established, constructed, or operated before the implementation of
894any noise ordinances, rules, or regulations; and
895(II) does not substantially and adversely affect public health or safety; or
896(B)(I) is in compliance with any noise control laws, ordinances, rules, or
897regulations that applied to the shooting range and the shooting range's
898operation at the time of establishment, construction, or initial operation of
899the range; and
900(II) does not substantially and adversely affect public health or safety; or
901(vi) noise generated by a shooting range that is operated in accordance with
902nationally recognized standards and operating practices.
903  (9) "Shooting range" means the same as that term is defined in Section 53-5a-701.
904  [(4)] (10)(a) "Supervised drug consumption site" means a facility or premises operated or
905      intended to provide an environment for the unlawful use of a controlled substance.
906      (b) "Supervised drug consumption site" does not include a facility or premises that
907provides or facilitates:
908(i) an opioid treatment program, as that term is defined in Section 58-17b-309.7; or
909(ii) the use of medication pursuant to a medication assisted treatment plan, as that
910term is defined in Section 64-13-25.1.
911Section 24. Section 78B-6-802 is amended to read:
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91278B-6-802 . Unlawful detainer by tenant for a term less than life.
913   (1) A tenant holding real property for a term less than life is guilty of an unlawful detainer
914if the tenant:
915(a) continues in possession, in person or by subtenant, of the property or any part of the
916property, after the expiration of the specified term or period for which it is let to the
917tenant, which specified term or period, whether established by express or implied
918contract, or whether written or parol, shall be terminated without notice at the
919expiration of the specified term or period;
920(b) having leased real property for an indefinite time with monthly or other periodic rent
921reserved:
922(i) continues in possession of the property in person or by subtenant after the end of
923any month or period, in cases where the owner, the owner's designated agent, or
924any successor in estate of the owner, 15 calendar days or more before the end of
925that month or period, has served notice requiring the tenant to quit the premises at
926the expiration of that month or period; or
927(ii) in cases of tenancies at will, remains in possession of the premises after the
928expiration of a notice of not less than five calendar days;
929(c) continues in possession, in person or by subtenant, after default in the payment of
930any rent or other amounts due and after a notice in writing requiring in the alternative
931the payment of the rent and other amounts due or the surrender of the detained
932premises, has remained uncomplied with for a period of three business days after
933service, which notice may be served at any time after the rent becomes due;
934(d) assigns or sublets the leased premises contrary to the covenants of the lease, or
935commits or permits waste on the premises after service of a three calendar days'
936notice to quit;
937(e) sets up or carries on any unlawful business on or in the premises after service of a
938three calendar days' notice to quit;
939(f) suffers, permits, or maintains on or about the premises any nuisance, including
940private nuisance as defined in Section 78B-6-1107 after service of a three calendar
941days' notice to quit;
942(g) commits a criminal act on the premises and remains in possession after service of a
943three calendar days' notice to quit;
944(h) continues in possession, in person or by subtenant, after a neglect or failure to
945perform any condition or covenant of the lease or agreement under which the
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946property is held, other than those previously mentioned, and after notice in writing
947requiring in the alternative the performance of the conditions or covenant or the
948surrender of the property, served upon the tenant and upon any subtenant in actual
949occupation of the premises remains uncomplied with for three calendar days after
950service; or
951      (i)(i) is a tenant under a bona fide tenancy as described in Section 702 of the
952Protecting Tenants at Foreclosure Act; and
953(ii) continues in possession after the effective date of a notice to vacate given in
954accordance with Section 702 of the Protecting Tenants at Foreclosure Act.
955  (2) After service of the notice and the time period required for the notice, the tenant, any
956      subtenant in actual occupation of the premises, any mortgagee of the term, or other
957      person interested in the lease's continuance may perform the condition or covenant and
958      save the lease from forfeiture, except that if the covenants and conditions of the lease
959      violated by the lessee cannot afterwards be performed, or the violation cannot be
960      brought into compliance, a notice provided for in Subsections (1)(d) through (g) may be
961      given.
962  (3) Unlawful detainer by an owner resident of a mobile home is determined under Title 57,
963      Chapter 16, Mobile Home Park Residency Act.
964  (4) The notice provisions for nuisance in Subsections (1)(d) through (g) do not apply to [
965      nuisance actions provided in Sections 78B-6-1107 through 78B-6-1114] an action for
966      abatement by eviction of a private nuisance as described in Section 78B-6a-303.
967  (5) The notice to vacate requirement under 15 U.S.C. Sec. 9058(c), which is part of the
968      Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136:
969      (a) applies only to a notice provided to a tenant of a covered dwelling in a covered
970property as that term is defined in 15 U.S.C. Sec. 9058(a);
971      (b) applies only to the amount of time before a tenant may be required to vacate a
972covered property through an order of restitution as provided by Section 78B-6-812;
973      (c) for a notice provided under Subsection (1)(c), applies only when delinquent rent or
974other amounts have accrued during the 120-day moratorium described in 15 U.S.C.
975Sec. 9058(b);
976      (d) does not require that a tenant be given more than three business days after service to
977pay rent and other amounts due under a notice provided under Subsection (1)(c);
978      (e) does not apply to a notice provided under Subsections (1)(d) through (h);
979      (f) does not prohibit or nullify the service of any notice described in this section; and
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980(g) does not limit the accrual of damages under Section 78B-6-811.
981   (6) Service of a notice as provided by 15 U.S.C. Sec. 9058(c) or under Subsection (5) does
982not nullify the service or validity of any other notice provided in accordance with this
983section.
984Section 25. Section 78B-6-805 is amended to read:
98578B-6-805 . Notice -- How served.
986   (1) A notice required by this part may be served:
987(a) by delivering a copy to the tenant personally or, if the tenant is a commercial tenant,
988by delivering a copy to the commercial tenant's usual place of business by leaving a
989copy of the notice with a person of suitable age and discretion;
990(b) by sending a copy through registered mail, certified mail, or an equivalent means,
991addressed to the tenant at the tenant's residence, leased property, or usual place of
992business;
993(c) if the tenant is absent from the residence, leased property, or usual place of business,
994by leaving a copy with a person of suitable age and discretion at the tenant's
995residence, leased property, or usual place of business;
996(d) if a person of suitable age or discretion cannot be found at the place of residence,
997leased property, or usual place of business, then by affixing a copy in a conspicuous
998place on the leased property; or
999(e) if an order of abatement by eviction of the nuisance is issued by the court as provided
1000  in Section [78B-6-1109] 78B-6a-303, when issued, the parties present shall be on
1001  notice that the abatement by eviction order is issued and immediately effective or as
1002  to any absent party, notice shall be given as provided in Subsections (1)(a) through [
1003  (e)] (d).
1004     (2) Service upon a subtenant may be made in the same manner as provided in Subsection (1).
1005  Section 26. Section 78B-6-806 is amended to read:
1006  78B-6-806 . Necessary defendant.
1007     (1)(a) No person other than the tenant of the premises, a lease signer, and subtenant if
1008  there is one in the actual occupation of the premises when the action is commenced,
1009  may be made a party defendant in the proceeding, except as provided in Section [
1010  78B-6-1111] 78B-6a-303.
1011  (b) A proceeding may not abate, nor the plaintiff be nonsuited, for the nonjoinder of any
1012  person who might have been made a party defendant.
1013  (c) If it appears that any of the parties served with process or appearing in the
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1014  proceedings are guilty, judgment shall be rendered against those parties.
1015    (2)(a) If a person has become a subtenant of the premises in controversy after the service
1016        of any notice as provided in this part, the fact that the notice was not served on the
1017        subtenant is not a defense to the action.
1018        (b) All persons who enter under the tenant after the commencement of the action shall
1019  be bound by the judgment the same as if they had been made parties to the action.
1020    (3) A landlord, owner, or designated agent is a necessary party defendant only in an
1021        abatement by eviction action for an unlawful drug house [as provided in Section
1022        78B-6-1111] under Section 78B-6a-303.
1023  Section 27. Section 78B-6-811 is amended to read:
1024  78B-6-811 . Judgment for restitution, damages, and rent -- Immediate
1025    enforcement -- Remedies.
1026    (1)(a) A court may:
1027  (i) enter a judgment upon the merits or upon default; and
1028  (ii) issue an order of restitution regardless of whether a judgment is entered.
1029        (b) A judgment entered in favor of the plaintiff shall include an order for the restitution
1030  of the premises as provided in Section 78B-6-812.
1031        (c) If the proceeding is for unlawful detainer after neglect or failure to perform any
1032  condition or covenant of the lease or agreement under which the property is held, or
1033  after default in the payment of rent, the judgment shall also declare the forfeiture of
1034  the lease or agreement.
1035        (d)(i) A forfeiture under Subsection (1)(c) does not release a defendant from any
1036  obligation for payments on a lease for the remainder of the lease's term.
1037  (ii) Subsection (1)(d)(i) does not change any obligation on either party to mitigate
1038  damages.
1039    (2) The jury or the court, if the proceeding is tried without a jury or upon the defendant's
1040        default, shall also assess the damages resulting to the plaintiff from any of the following:
1041        (a) forcible entry;
1042        (b) forcible or unlawful detainer;
1043        (c) waste of the premises during the defendant's tenancy, if waste is alleged in the
1044  complaint and proved at trial;
1045        (d) the amounts due under the contract; and
1046        (e) the abatement [of the nuisance by eviction as provided in Sections 78B-6-1107
1047  through 78B-6-1114] by eviction of a private nuisance as described in Section
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1048  78B-6a-303.
1049     (3) The court shall enter the judgment against the defendant for the rent and for three times
1050  the amount of the damages assessed under Subsections (2)(a) through (2)(e).
1051     (4)(a) If the proceeding is for unlawful detainer, the court shall issue execution upon the
1052  judgment immediately after the entry of the judgment.
1053  (b) In all cases, the judgment may be issued and enforced immediately.
1054     (5) In an action under this chapter, the court:
1055  (a) shall award costs and reasonable attorney fees to the prevailing party;
1056  (b) may modify a judgment for additional amounts owed if a motion is submitted within
1057  180 days on the earlier of the day on which:
1058  (i) the order of restitution is enforced; or
1059  (ii) the defendant vacates the premises; and
1060  (c) may grant a party additional time for a motion under Subsection (5)(b).
1061     (6)(a) If the court issues an order of restitution, the defendant shall provide a current
1062  address to the court and the plaintiff within 30 days of the day on which the court
1063  issues the order of restitution.
1064  (b) Failure of a defendant to provide an address under Subsection (6)(a) does not require
1065  the plaintiff or the court to bear the burden of seeking out the defendant to provide
1066  notice for any subsequent proceeding.
1067  Section 28. Section 78B-6-813 is amended to read:
1068  78B-6-813 . Time for appeal.
1069     (1) Except as provided in Subsection (2), either party may, within 10 days, appeal from the
1070  judgment rendered.
1071     (2) In a [nuisance action under Sections 78B-6-1107 through 78B-6-1114] private nuisance
1072  action described in Section 78B-6a-303, any party may appeal from the judgment
1073  rendered within three days.
1074  Section 29. Section 78B-6a-101, which is renumbered from Section 78B-6-1101 is renumbered
1075     and amended to read:
1076  CHAPTER 6a. Civil Actions for Nuisances
1077  Part 1. General Provisions
1078  [78B-6-1101] 78B-6a-101 . Definitions for chapter.
1079     [(1)] As used in this [part] chapter:
1080  (1)(a) "Agricultural operation" means the commercial production of crops, orchards,
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1081  livestock, poultry, aquaculture, livestock products, or poultry products.
1082  (b) "Agricultural operation" includes:
1083  (i) the real property where the commercial production described in Subsection (1)(a)
1084  occurs;
1085  (ii) a facility, a property, or equipment used to facilitate the commercial production
1086  described in Subsection (1)(a);
1087  (iii) an agritourism activity, as defined in Section 78B-4-512; or
1088  (iv) an agricultural protection area established under Title 17, Chapter 81,
1089  Agriculture, Industrial, and Critical Infrastructure Materials.
1090        (2) "Agriculture protection area" means the same as that term is defined in Section
1091  17-81-101.
1092        [(a)] (3) "Controlled substance" means the same as that term is defined in Section 58-37-2.
1093        [(b)] (4) "Critical infrastructure materials operations" means the same as the term "critical
1094  infrastructure materials use" is defined in Section 10-20-701.
1095        (5) "Drug nuisance" means fumes resulting from the unlawful manufacturing or the
1096  unlawful possession or use of a controlled substance that drift into a residential unit a
1097  person rents, leases, or owns, from another residential or commercial unit.
1098        (6) "Government entity" means:
1099  (a) the state, any county, municipality, special district, special service district, or any
1100  other political subdivision or administrative unit of the state, including state
1101  institutions of education;
1102  (b) a federal entity or agency; or
1103  (c) a tribal government.
1104        (7) "Legal product" means a product for which possession generally, or by the person
1105  alleged to be causing the public nuisance, is not specifically prohibited by federal or
1106  state law.
1107        [(c)] (8) "Manufacturing facility" means a factory, plant, or other facility including its
1108  appurtenances, where the form of raw materials, processed materials, commodities, or
1109  other physical objects is converted or otherwise changed into other materials,
1110  commodities, or physical objects or where such materials, commodities, or physical
1111  objects are combined to form a new material, commodity, or physical object.
1112        [(d) "Nuisance" means anything that is injurious to health, indecent, offensive to the
1113  senses, or an obstruction to the free use of property, so as to interfere with the
1114  comfortable enjoyment of life or property.]
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 H.B. 591  Enrolled Copy
1115        [(e)] (9)[(i)] "Possession or use" means the joint or individual ownership, control,
1116  occupancy, holding, retaining, belonging, maintaining, or the application,
1117  inhalation, swallowing, injection, or consumption, as distinguished from
1118  distribution, of a controlled substance, and includes individual, joint, or group
1119  possession or use of a controlled substance.
1120  [(ii) For a person to be a possessor or user of a controlled substance, it is not required
1121  that the person be shown to have individually possessed, used, or controlled the
1122  substance, but it is sufficient if it is shown that the person jointly participated with
1123  one or more persons in the use, possession, or control of a controlled substance
1124  with knowledge that the activity was occurring, or the controlled substance is
1125  found in a place or under circumstances indicating that the person had the ability
1126  and the intent to exercise dominion and control over it.]
1127        (10)(a) "Private nuisance" means a condition arising out of the use of real property that:
1128  (i) is injurious to health or safety, or is indecent or offensive to the senses, of an
1129  individual on an adjacent or neighboring property; or
1130  (ii) obstructs the free use of an adjacent or neighboring property so as to interfere
1131  with the comfortable enjoyment of life or property.
1132  (b) "Private nuisance" includes a condition that is:
1133  (i) gambling as provided in Title 76, Chapter 9, Part 14, Gambling;
1134  (ii) criminal activity committed in concert with two or more individuals as provided
1135  in Section 76-3-203.1;
1136  (iii) criminal activity committed for the benefit of, at the direction of, or in
1137  association with any criminal street gang as defined in Section 76-9-802;
1138  (iv) criminal activity committed to gain recognition, acceptance, membership, or
1139  increased status with a criminal street gang as defined in Section 76-9-802;
1140  (v) a party house that frequently creates a condition described in Subsection (10)(a);
1141  (vi) prostitution as provided in Title 76, Chapter 5d, Prostitution;
1142  (vii) an unsafe building or place;
1143  (viii) the unlawful discharge of a firearm as provided in state or local law;
1144  (ix) a drug nuisance; or
1145  (x) a tobacco nuisance.
1146  (c) "Private nuisance" does not include:
1147  (i) a public nuisance;
1148  (ii) an action or condition that is lawful; or
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 Enrolled Copy  H.B. 591
1149  (iii) an action or condition that is authorized, approved, licensed, or mandated by
1150  statute, ordinance, regulation, permit, license, order, rule, or other similar measure
1151  issued, adopted, promulgated, or approved by a government entity.
1152        (11)(a) "Public nuisance" means:
1153  (i) a condition arising out of the use of real property that unlawfully interferes with a
1154  public right by endangering community safety, being indecent to the community,
1155  or being offensive to the community; or
1156  (ii) a condition that unlawfully interferes with the public right to free passage or use,
1157  in the customary manner, of a navigable lake, river, bay, stream, canal, or basin or
1158  a public park, square, street, road, or highway.
1159  (b) "Public nuisance" does not include:
1160  (i) an action or condition that is lawful;
1161  (ii) an action or condition that is authorized, approved, licensed, or mandated by
1162  statute, ordinance, regulation, permit, license, order, rule, or other similar measure
1163  issued, adopted, promulgated, or approved by a government entity;
1164  (iii) impairment of the spiritual, cultural, or emotional significance associated with a
1165  navigable lake, river, bay, stream, canal, or basin or a public park, square, street,
1166  road, or highway;
1167  (iv) the design, manufacturing, distributing, selling, labeling, or marketing of a legal
1168  product;
1169  (v) the aggregation of individual injuries or private rights, including a private
1170  nuisance; or
1171  (vi) the design, manufacturing, distributing, selling, labeling, or marketing of
1172  firearms, firearm accessories, or ammunition, as defined in Section 53-5d-102, or
1173  components of firearms, firearm accessories, or ammunition.
1174        (12) "Residential unit" does not include:
1175  (a) a residential rental unit available for temporary rental, such as for a vacation, or
1176  available for only 30 or fewer days at a time;
1177  (b) a hotel or motel room; or
1178  (c) a unit that is part of a timeshare development, as defined in Section 57-19-2, or
1179  subject to a timeshare interest as defined in Section 57-19-2.
1180        (13) "Shooting range" means the same as that term is defined in Section 53-5a-701.
1181        (14) "Tobacco or illegal substance nuisance" means tobacco smoke that drifts into a
1182  residential unit a person rents, leases, or owns, from another residential or commercial
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1183  unit and the smoke:
1184  (a) drifts in more than once in each of two or more consecutive seven-day periods; and
1185  (b) creates a condition described in Subsection (10)(a).
1186  (15)(a) "Unlawfully interferes" means a condition that violates a statute, ordinance,
1187  regulation, permit, license, order, rule, or other similar measure issued, adopted,
1188  promulgated, or approved by a government entity.
1189  (b) "Unlawfully interferes" includes any statute, ordinance, regulation, permit, license,
1190  order, rule, or other similar measure issued, adopted, promulgated, or approved by a
1191  government entity before, on, or after May 6, 2026.
1192  (16) "Unsafe building or place" means a building or place where:
1193  (a) the unlawful sale, manufacture, service, storage, distribution, dispensing, acquisition,
1194  or use occurs of any controlled substance, precursor, or analog described in Title 58,
1195  Chapter 37, Utah Controlled Substances Act;
1196  (b) gambling is permitted to be played, conducted, or dealt upon as prohibited in Title
1197  76, Chapter 9, Part 14, Gambling, which creates a condition described in Subsection
1198  (10)(a);
1199  (c) criminal activity is committed in concert with two or more individuals as described
1200  in Section 76-3-203.1;
1201  (d) criminal activity is committed for the benefit of, at the direction of, or in association
1202  with any criminal street gang as defined in Section 76-9-802;
1203  (e) criminal activity is committed to gain recognition, acceptance, membership, or
1204  increased status with a criminal street gang as defined in Section 76-9-802;
1205  (f) parties occur frequently that creates a condition described in Subsection (10)(a);
1206  (g) prostitution or promotion of prostitution is regularly carried on by one or more
1207  persons as described in Title 76, Chapter 5d, Prostitution;
1208  (h) a violation of an offense under Title 76, Chapter 11, Weapons, occurs on the
1209  premises;
1210  (i) the unlawful discharge of a firearm, as provided in state or local law, occurs on the
1211  premises; or
1212  (j) human trafficking occurs as described in Title 76, Chapter 5, Part 3, Kidnapping,
1213  Trafficking, and Smuggling.
1214     [(2) A nuisance may be the subject of an action.]
1215     [(3) A nuisance may include the following:]
1216  [(a) drug houses and drug dealing as provided in Section 78B-6-1107;]
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1217        [(b) gambling as provided in Title 76, Chapter 9, Part 14, Gambling;]
1218        [(c) criminal activity committed in concert with two or more individuals as provided in
1219  Section 76-3-203.1;]
1220        [(d) criminal activity committed for the benefit of, at the direction of, or in association
1221  with any criminal street gang as defined in Section 76-9-802;]
1222        [(e) criminal activity committed to gain recognition, acceptance, membership, or
1223  increased status with a criminal street gang as defined in Section 76-9-802;]
1224        [(f) party houses that frequently create conditions defined in Subsection (1)(d);]
1225        [(g) prostitution as provided in Title 76, Chapter 5d, Prostitution; or]
1226        [(h) the unlawful discharge of a firearm as provided in state or local law.]
1227    [(4) A nuisance under this part includes: ]
1228        [(a) tobacco smoke that drifts into a residential unit a person rents, leases, or owns, from
1229  another residential or commercial unit and the smoke:]
1230  [(i) drifts in more than once in each of two or more consecutive seven-day periods;
1231  and]
1232  [(ii) creates any of the conditions described in Subsection (1)(d); or]
1233        [(b) fumes resulting from the unlawful manufacturing or the unlawful possession or use
1234  of a controlled substance that drift into a residential unit a person rents, leases, or
1235  owns, from another residential or commercial unit.]
1236    [(5) Subsection (4)(a) does not apply to:]
1237        [(a) a residential rental unit available for temporary rental, such as for a vacation, or
1238  available for only 30 or fewer days at a time; or]
1239        [(b) a hotel or motel room.]
1240    [(6) Subsection (4)(a) does not apply to a unit that is part of a timeshare development, as
1241        defined in Section 57-19-2, or subject to a timeshare interest as defined in Section
1242        57-19-2.]
1243    [(7) An action for nuisance against an agricultural operation is governed by Title 4, Chapter
1244        44, Agricultural Operations Nuisances Act.]
1245  Section 30. Section 78B-6a-102 is enacted to read:
1246  78B-6a-102 . Abrogation of common law nuisance -- Exception -- Reporting
1247    requirement.
1248    (1)(a) Except as provided in Subsection (2), this chapter abrogates any common law
1249        civil right of action for a public nuisance or a private nuisance in this state.
1250        (b) Subsection (1)(a) does not abrogate a common law civil right of action for public
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1251  nuisance or a private nuisance that accrued, or is pending in a court, before May 6,
1252  2026.
1253     (2) The attorney general may bring a common law civil right of action for a public nuisance
1254  or private nuisance in this state if:
1255  (a) the attorney general determines that there is a substantial ongoing harm to a
1256  significant number of the citizens of Utah; and
1257  (b) the attorney general is bringing the common law civil right of action for a public
1258  nuisance or a private nuisance:
1259  (i) on behalf of the state, a state officer or agency, or a political subdivision of the
1260  state; or
1261  (ii) as parens patriae on behalf of individuals residing in the state.
1262     (3) A person other than the attorney general may not bring a common law civil right of
1263  action for a public nuisance or private nuisance.
1264     (4) The governor may direct the attorney general to bring a nuisance action under
1265  Subsection (2).
1266     (5) This chapter does not preclude the governor from declaring a public nuisance.
1267     (6) Before October 1, 2029, and every four years thereafter before October 1:
1268  (a) the attorney general shall report to the Judiciary Interim Committee on the attorney
1269  general's exercise of the common law right of action described in Subsection (2); and
1270  (b) the Judiciary Interim Committee shall review the attorney general's report and make
1271  a determination as to whether Subsections (2) and (3) should be repealed.
1272  Section 31. Section 78B-6a-103, which is renumbered from Section 78B-6-1114 is renumbered
1273     and amended to read:
1274  [78B-6-1114] 78B-6a-103 . Award of costs and attorney fees.
1275     (1) The court may award costs, including the costs of investigation and discovery, and
1276  reasonable attorney fees, which are not compensated for [pursuant to some other] in
1277  accordance with another provision of law, to the prevailing party in any case in which a
1278  party brings an action to abate a nuisance under this [part] chapter.
1279     (2) [The] If a defendant is a landlord, owner, or designated agency, the court may award
1280  costs, including the costs of investigation and discovery, and reasonable attorney fees
1281  against [a defendant landlord, owner, or designated agent] the defendant only when the
1282  court finds that the defendant[ landlord, owner, or designated agent] had actual notice of
1283  the nuisance action and willfully failed to take reasonable action within a reasonable
1284  time to abate the nuisance.
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1285  Section 32. Section 78B-6a-104, which is renumbered from Section 78B-6-1102.5 is renumbered
1286    and amended to read:
1287  [78B-6-1102.5] 78B-6a-104 . Violation of order enjoining a public or private
1288    nuisance -- Civil penalty.
1289       A person who knowingly violates any judgment or order abating or enjoining a [nuisance,
1290    as that term is defined in Section 78B-6-1101] public nuisance or private nuisance:
1291    (1) is guilty of a class B misdemeanor; and
1292    (2) is subject to a civil penalty of $50 per day for each day that the nuisance continues in
1293        violation of the order.
1294  Section 33. Section 78B-6a-201 is enacted to read:
1295  Part 2. Public Nuisance
1296  78B-6a-201 . Definitions for part.
1297       As used in this part:
1298    (1) "Private party" means a person that is not a government entity.
1299    (2)(a) "Special injury" means an injury that is different in kind, not just in degree, from
1300        an injury sustained by the general public exercising the same public right.
1301        (b) "Special injury" does not include:
1302  (i) an injury that is based upon impairment of the spiritual, cultural, or emotional
1303  significance associated with a navigable lake, river, bay, stream, canal, or basin or
1304  a public park, square, street, road, or highway; or
1305  (ii) a financial expenditure made by a person in responding, including seeking an
1306  injunction in response, to a public nuisance.
1307  Section 34. Section 78B-6a-202 is enacted to read:
1308  78B-6a-202 . Government right of action for a public nuisance.
1309    (1) Except as otherwise provided by this section or Part 4, Defenses to Nuisance Actions, a
1310        government entity has a right of action against a person for a public nuisance if:
1311        (a) the person:
1312  (i) engages in an activity that directly causes a public nuisance and the public
1313  nuisance is a reasonably foreseeable result of the person's activity;
1314  (ii) controls or instructs at least one other person to engage in an activity that directly
1315  causes the public nuisance and the public nuisance is a reasonably foreseeable
1316  result of the other person's activity; or
1317  (iii) is the successive owner of property and neglects to abate a continuing public
1318  nuisance upon, or in the use of the property, that was created by a former owner;
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1319  and
1320  (b)(i) the public nuisance would not exist if not for the person's conduct under
1321  Subsection (1)(a); or
1322  (ii) the government entity's expenditures to abate or address the public nuisance
1323  would decrease by at least 25%.
1324     (2)(a) A government entity that is a political subdivision of the state may only bring a
1325  public nuisance action described in Subsection (1) if the alleged public nuisance is
1326  entirely within the jurisdiction of that government entity.
1327  (b) If an alleged public nuisance is not entirely within the jurisdiction of a political
1328  subdivision of the state, only the attorney general may bring an action described in
1329  Subsection (1) on behalf of the state.
1330  (c) The governor may direct the attorney general to bring an action described in
1331  Subsection (1) on behalf of the state.
1332     (3) A government entity that brings a public nuisance action under Subsection (1) shall
1333  plead each element of the public nuisance action:
1334  (a) by verified complaint, counterclaim, or third party complaint; and
1335  (b) with particularity under the same standard required by Utah Rules of Civil
1336  Procedure, Rule 9.
1337     (4) A government entity does not have a right of action under Subsection (1) solely because
1338  the government entity has made past, current, or future expenditures in responding,
1339  including seeking an injunction in response, to a public nuisance.
1340     (5) If a government entity prevails in an action for a public nuisance, the court may only:
1341  (a) grant injunctive relief to enjoin the condition that is proximately causing the public
1342  nuisance; and
1343  (b) award monetary or nonmonetary resources to abate the public nuisance if the court
1344  determines the resources are reasonably necessary, by clear and convincing evidence,
1345  to abate the public nuisance based upon relevant and reliable cost factors.
1346     (6) A government entity may only spend resources awarded under Subsection (5)(b) to
1347  abate the public nuisance.
1348     (7) If an action is brought under this section, the court may not award:
1349  (a) resources for abating a potential future public nuisance; or
1350  (b) damages of any kind, including economic, noneconomic, or exemplary damages.
1351     (8) There is no statute of limitations for an action under this section if the public nuisance
1352  amounts to an actual ongoing obstruction of a public right.
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1353    (9) This section does not limit the authority of a government entity to order a person to
1354        vacate the right of way of a navigable lake, river, bay, stream, canal, or basin or a public
1355        park, square, street, road, or highway.
1356    (10) A private party may not bring an action for a public nuisance under this section.
1357  Section 35. Section 78B-6a-203 is enacted to read:
1358  78B-6a-203 . Private right of action for a public nuisance.
1359    (1) Except as otherwise provided by this section and Part 4, Defenses to Nuisance Actions,
1360        a private party has a right of action for a public nuisance against a person if:
1361        (a) the person:
1362  (i) engages in an activity that directly causes the public nuisance and the public
1363  nuisance is a reasonably foreseeable result of the person's activity;
1364  (ii) controls or instructs at least one other person to engage in an activity that directly
1365  causes the public nuisance and the public nuisance is a reasonably foreseeable
1366  result of the other person's activity; or
1367  (iii) is the successive owner of property and neglects to abate a continuing public
1368  nuisance upon, or in the use of the property, that was created by a former owner;
1369        (b) not for the person's conduct under Subsection (1)(a):
1370  (i) the public nuisance would not exist; or
1371  (ii) the private party's expenditures to abate or address the public nuisance would
1372  decrease by at least 25%; and
1373        (c) the private party can establish, by clear and convincing evidence, that the private
1374  party has suffered special injury.
1375    (2) A private party that brings a public nuisance action under Subsection (1) shall plead
1376        each element of the public nuisance action:
1377        (a) by verified complaint, counterclaim, or third party complaint; and
1378        (b) with particularity under the same standard required by Utah Rules of Civil
1379  Procedure, Rule 9.
1380    (3) If a private party brings an action for a public nuisance, the court may only award
1381        compensatory damages for the special injury that may not be otherwise reimbursed, or
1382        have been reimbursed, by a government entity.
1383    (4) The abatement of a public nuisance by a government entity as described in Section
1384        78B-6a-204 does not preclude a right of action under this section.
1385    (5) A class action may not be brought under this section for special injuries arising out of a
1386        public nuisance.
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1387  Section 36. Section 78B-6a-204 is enacted to read:
1388  78B-6a-204 . Abatement of a public nuisance.
1389     (1) A government entity, or an officer of a government entity who is authorized by law,
1390  may abate a public nuisance.
1391     (2) Nothing in this section alters the remedies available to a government entity or a private
1392  party in a right of action under Sections 78B-6a-202 and 78B-6a-203.
1393  Section 37. Section 78B-6a-301 is enacted to read:
1394  Part 3. Private Nuisance
1395  78B-6a-301 . Definitions for part.
1396        Reserved.
1397  Section 38. Section 78B-6a-302, which is renumbered from Section 78B-6-1102 is renumbered
1398     and amended to read:
1399  [78B-6-1102] 78B-6a-302 . Right of action for private nuisance.
1400     [(1) An action for nuisance may be brought before a court with jurisdiction by any person
1401  whose property is injuriously affected, or whose personal enjoyment is lessened by the
1402  nuisance.]
1403     (1) Except as otherwise provided by this part or Part 4, Defenses for Nuisance Actions, a
1404  person has a right of action for a private nuisance if:
1405  (a) the person owns or possesses a legal interest in the real property that is the subject of
1406  the action; and
1407  (b) the person's real property is injuriously affected by the private nuisance or the
1408  person's personal enjoyment is lessened by the private nuisance.
1409     (2) [Upon judgment, the court may, in addition to any other relief the court considers just
1410  and proper] If the person prevails in an action described in Subsection (1), the court may,
1411  in addition to any other relief the court considers just and proper:
1412  (a) award damages;
1413  (b) order the nuisance to be enjoined or abated, [which may include] including:
1414  (i) requiring a defendant to make repairs to the nuisance property or property that is
1415  injuriously affected by the nuisance;
1416  (ii) requiring a defendant to:
1417  (A) install and maintain secure locks on the nuisance property's doors or windows;
1418  (B) provide security personnel or video surveillance monitoring of the nuisance
1419  property; or
1420  (C) install and maintain lighting in and around common areas; or
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1421  (iii) abatement by eviction as provided in this part;
1422        (c) grant declaratory relief as described in Chapter 4, Part 4, Declaratory Judgments; or
1423        (d) award costs and reasonable attorney fees to the prevailing party as described in
1424  Section [76B-6-1114] 78B-6a-103.
1425    (3) A court that issues a judgment or order under this [part] section retains jurisdiction to
1426        enforce the judgment or order.
1427  Section 39. Section 78B-6a-303 is enacted to read:
1428  78B-6a-303 . Abatement by eviction of private nuisance.
1429    (1)(a) The county attorney, or the county, the city attorney of any incorporated city in
1430        the county, any citizen or citizens of the state residing in the county, or any person or
1431        business doing business in the county, has a right of action for abatement by eviction
1432        if there is reason to believe that an unsafe building or place is kept, maintained, or
1433        exists in the city or county.
1434        (b) The court may designate a spokesperson from a group of citizens who would
1435  otherwise have the right to maintain an action in their individual names against the
1436  defendant under Subsection (1)(a).
1437    (2) A court shall issue an order of abatement by eviction if the plaintiff shows, by a
1438        preponderance of the evidence, that:
1439        (a) the plaintiff will suffer irreparable harm unless the order of abatement by eviction is
1440  issued;
1441        (b) the threatened injury to the plaintiff outweighs any damage the proposed order of
1442  abatement by eviction may cause the party to be evicted;
1443        (c) the order of abatement by eviction would not be adverse to the public interest; and
1444        (d) there is a substantial likelihood that:
1445  (i) the plaintiff will prevail on the merits of the underlying claim; or
1446  (ii) the case presents serious issues on the merits that should be the subject of further
1447  litigation.
1448    (3)(a) At the time of filing an action for abatement by eviction under Subsection (1), the
1449        court may issue an order, upon a showing of good cause:
1450  (i) to protect the plaintiff; or
1451  (ii) to protect a witness who is not a peace officer if proof of the existence of the
1452  unsafe building or place depends in whole or in part upon the affidavit of the
1453  witness.
1454        (b) The order under Subsection (3)(a) may include nondisclosure of the name, address,
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 H.B. 591  Enrolled Copy
1455  or any other information that may identify the individual protected by the order.
1456     (4)(a) A landlord, owner, or designated agent is a necessary defendant in an action for an
1457  unsafe building or place for entry of an order to abate the unsafe building or place by
1458  eviction where the acts complained of are those of a third party upon the premises of
1459  the landlord, owner, or designated agent.
1460  (b) At the court's hearing on the action to abate the unsafe building or place by eviction,
1461  the court shall notify the necessary parties, including the applicant, the tenant, and the
1462  landlord, owner, or designated agent, if:
1463  (i) the court finds that an unsafe building or place is a private nuisance; and
1464  (ii) as a result, the court is issuing an order to evict the tenant subject to compliance
1465  with the security requirement in Subsection (6).
1466     (5) In all cases, including default judgments, the order of abatement by eviction may be
1467  issued and enforced immediately.
1468     (6)(a) The court shall condition issuance of an order of abatement by eviction under this
1469  section on the giving of security by the plaintiff, in such sum and form as the court
1470  determines proper, unless:
1471  (i) the court determines that none of the parties will incur or suffer costs, attorney
1472  fees, or damages as the result of any wrongful order of abatement by eviction;
1473  (ii) the court determines that there exists some substantial reason for dispensing with
1474  the requirement of security; or
1475  (iii) the plaintiff has proved, by a preponderance of the evidence, the existence of an
1476  unsafe building or place.
1477  (b) Security described in Subsection (6)(a) may not be required:
1478  (i) of the United States, the state, or an officer, agency, or subdivision of the United
1479  States or the state; or
1480  (ii) when prohibited by law.
1481  (c) The amount of security may not limit the award of:
1482  (i) reasonable attorney fees or costs incurred in connection with the order of
1483  abatement by eviction; or
1484  (ii) damages that may be awarded to a party who is found to have been wrongfully
1485  evicted.
1486  (d)(i) A surety upon a bond or undertaking under this Subsection (6) submits to the
1487  jurisdiction of the court and irrevocably appoints the clerk of the court as agent
1488  upon whom any papers affecting the surety's liability on the bond or undertaking
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1489  may be served.
1490  (ii) The surety's liability may be enforced on motion without the necessity of an
1491  independent action.
1492  (iii) The motion, and any notice of the motion as the court prescribes, may be served
1493  on the clerk of the court who shall immediately provide a copy to the plaintiff or
1494  other person giving the security by the means established at the time of the filing
1495  of the action.
1496        (e) Upon request, the plaintiff shall be granted a hearing to be held no later than three
1497  days from the date the defendant is served with notice of the applicant's giving of
1498  security, as described in Subsection (6)(a).
1499  Section 40. Section 78B-6a-304, which is renumbered from Section 78B-6-1113 is renumbered
1500    and amended to read:
1501  [78B-6-1113] 78B-6a-304 . Evidence of private nuisance -- Requirements for
1502    controlled substance nuisance.
1503    (1) In an action [for nuisance or abatement by eviction] described in Section
1504        78B-6a-302 or 78B-6a-303, all evidence authorized by law, including evidence of
1505        reputation in a community, is admissible to prove the existence of a private nuisance or
1506        the elements required for an order of abatement by eviction by a preponderance of the
1507        evidence.
1508    (2) If the private nuisance is for fumes resulting from the unlawful manufacturing or the
1509        unlawful possession or use of a controlled substance that drift into a residential unit a
1510        person rents, leases, or owns, from another residential or commercial unit:
1511        (a) the plaintiff is not required to show that a person individually possessed, used, or
1512  controlled the substance; and
1513        (b) it is sufficient if the plaintiff shows that the person jointly participated with one or
1514  more persons in the use, possession, or control of a controlled substance with
1515  knowledge that the activity was occurring, or the controlled substance is found in a
1516  place or under circumstances indicating that the person had the ability and the intent
1517  to exercise dominion and control over the controlled substance.
1518  Section 41. Section 78B-6a-401 is enacted to read:
1519  Part 4. Defenses to Nuisance Actions
1520  78B-6a-401 . Definitions for part.
1521       As used in this part, "fundamental change" does not include:
1522    (1) a change in ownership or size;
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 H.B. 591  Enrolled Copy
1523     (2) an interruption of farming for a period of no more than three years;
1524     (3) participation in a government-sponsored agricultural program;
1525     (4) employment of new technology; or
1526     (5) a change in the type of agricultural product produced.
1527  Section 42. Section 78B-6a-402, which is renumbered from Section 78B-6-1103 is renumbered
1528     and amended to read:
1529  [78B-6-1103] 78B-6a-402 . Defense in private nuisance action for manufacturing
1530     facility in operation over three years.
1531     (1)(a) [Notwithstanding Sections 76-9-1301 and 78B-6-1101, a manufacturing facility
1532  may not be considered a nuisance because of] A person or government entity does not
1533  have a right of action for a private nuisance under this chapter for any changed
1534  circumstance in land uses near [the] a manufacturing facility if:
1535  (i) the manufacturing facility has been in operation for more than three years; and
1536  (ii) the manufacturing facility was not a private nuisance at the time [it] the
1537  manufacturing facility began operation.
1538  (b) The manufacturing facility may not increase the condition asserted to be a private
1539  nuisance.
1540  (c) The provisions of this Subsection (1) do not apply if a private nuisance results from
1541  the negligent or improper operation of a manufacturing facility.
1542     (2) Nothing in this section affects the right of a person in an action other than an action for
1543  a private or public nuisance to recover damages for injuries or damage sustained as a
1544  result of the pollution or change in the conditions of the waters of a stream or overflow
1545  of the lands of any person.
1546     (3)(a) Any and all ordinances [now or in the future ]adopted by any county or municipal
1547  corporation in which a manufacturing facility is located [and which makes its] that
1548  makes the manufacturing facility's operation a private nuisance or providing for an
1549  abatement as a private nuisance in the circumstances set forth in this section are null
1550  and void.
1551  (b) The provisions of this Subsection (3) may not apply whenever a private nuisance
1552  results from the negligent or improper operation of a manufacturing facility.
1553     (4) This section does not apply to an action under Part 2, Public Nuisance.
1554  Section 43. Section 78B-6a-403, which is renumbered from Section 78B-6-1115 is renumbered
1555     and amended to read:
1556  [78B-6-1115] 78B-6a-403 . Defense in private nuisance action for critical
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 Enrolled Copy  H.B. 591
1557    infrastructure materials operations.
1558    (1) [Activities] A person or government entity does not have a right of action for a private
1559        nuisance under this chapter for an activity conducted in the normal and ordinary course
1560        of a critical infrastructure materials [operations] operation or conducted in accordance
1561        with sound practices [are] presumed to be reasonable[ and not constitute a nuisance].
1562    (2) [Critical] A critical infrastructure materials [operations] operation undertaken in
1563        conformity with federal, state, and local laws and regulations, including zoning
1564        ordinances, [are] is presumed to be operating within sound critical infrastructure
1565        materials practices.
1566    (3) This section does not apply to an action under Part 2, Public Nuisance.
1567  Section 44. Section 78B-6a-404, which is renumbered from Section 4-44-201 is renumbered
1568    and amended to read:
1569  [4-44-201] 78B-6a-404 . Defense in nuisance action for agricultural operations.
1570    (1) [It is a defense in a civil action for nuisance against an agricultural operation that]
1571        (a) A person or government entity does not have a right of action under this chapter for a
1572  private nuisance that is an agricultural operation if:
1573  [(a)] (i) the plaintiff is not a legal possessor of the real property affected by the
1574  conditions alleged to be the public nuisance or private nuisance;
1575  [(b)] (ii) the real property affected by the conditions alleged to be the public nuisance
1576  or private nuisance is located outside one-half mile of the source of the activity or
1577  structure alleged to be the public nuisance or private nuisance; or
1578  [(c)] (iii) the action is filed more than one year after:
1579  [(i)] (A) the establishment of the agricultural operation; or
1580  [(ii)] (B) the agricultural operation undergoes a fundamental change.
1581        [(2)] (b) [This section] Subsection (1)(a) may not be construed to invalidate any contract
1582  made before May 14, 2019.
1583    (2)(a) A person or government entity does not have a right of action under this chapter
1584        for a private nuisance that is an agricultural operation if the agricultural operation is
1585        conducted in the normal and ordinary course of an agricultural operation or
1586        conducted in accordance with sound agricultural practices.
1587        (b) An agricultural operation undertaken in conformity with federal, state, and local laws
1588  and regulations, including zoning ordinances, is presumed to be operating within
1589  sound agricultural practices.
1590    (3) A person or government entity has no right of action for a public nuisance or private
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 H.B. 591  Enrolled Copy
1591  nuisance if the action involves an agricultural activity and the agricultural activity is:
1592  (a) conducted within an agriculture protection area; and
1593  (b) not in violation of any federal, state, or local law or regulation relating to the alleged
1594  nuisance or was conducted according to sound agricultural practices.
1595     [(3)] (4) In a public nuisance or private nuisance action [against] for an agricultural
1596  operation, the court shall award costs and expenses, including reasonable attorney fees,
1597  to:
1598  (a) the [agricultural operation] defendant when the court finds the agricultural operation
1599  is not a [nuisance and the ] public nuisance or private nuisance and the action is
1600  frivolous or malicious; or
1601  (b) the plaintiff when the court finds the agricultural operation is a public nuisance or
1602  private nuisance and the [agricultural operation] defendant asserts an affirmative
1603  defense in the [nuisance ]action that is frivolous and malicious.
1604     [(4) A person who knowingly violates a judgment or order abating or otherwise enjoining a
1605  nuisance is guilty of a class B misdemeanor.]
1606  Section 45. Section 78B-6a-405, which is renumbered from Section 78B-6-1106 is renumbered
1607     and amended to read:
1608  [78B-6-1106] 78B-6a-405 . Limitations on tobacco and drug nuisance actions.
1609     (1) [There is no cause of action for a nuisance under Subsection 78B-6-1101(4)(a)] There is
1610  no right of action under this chapter for a tobacco nuisance if the rental, lease, restrictive
1611  covenant, or purchase agreement for the unit states in writing that:
1612  (a) tobacco smoking is allowed in other units, either residential or commercial, and that
1613  tobacco smoke from those units may drift into the unit that is subject to the
1614  agreement; and
1615  (b) by signing the agreement the renter, lessee, or buyer acknowledges [he has] they have
1616  been informed that tobacco smoke may drift into the unit [he is] they are renting,
1617  leasing, or purchasing, and [he waives] they waive any right to a cause of action for a [
1618  nuisance under Subsection 78B-6-1101(4)] tobacco nuisance.
1619     (2) A cause of action for [a nuisance under Subsection 78B-6-1101(4)(a)] a tobacco nuisance
1620  may be brought against:
1621  (a) the individual generating the tobacco smoke;
1622  (b) the renter or lessee who permits or fails to control the generation of tobacco smoke,
1623  in violation of the terms of the rental or lease agreement, on the premises the renter or
1624  lessee rents or leases; or
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 Enrolled Copy  H.B. 591
1625        (c) the landlord, but only if:
1626  (i) the terms of the renter's or lessee's contract provide the unit will not be subject to
1627  the nuisance of drifting tobacco smoke;
1628  (ii) the complaining renter or lessee has provided to the landlord a statement in
1629  writing indicating that tobacco smoke is creating a nuisance in the renter's or
1630  lessee's unit; and
1631  (iii) the landlord knowingly allows the continuation of a [nuisance under Subsection
1632  78B-6-1101(4)] tobacco nuisance after receipt of written notice under Subsection
1633  (2)(c)(ii), and in violation of the terms of the rental or lease agreement under
1634  Subsection [(2)(c)(i)] (2)(b).
1635    (3) A cause of action for [nuisance under Subsection 78B-6-1101(4)(b)] a drug nuisance
1636        may be brought against:
1637        (a) an individual who generates fumes by the unlawful manufacturing or the unlawful
1638  possession or use of a controlled substance;
1639        (b) a renter or lessee who permits or fails to control the generation of fumes from the
1640  unlawful manufacturing or the unlawful possession or use of a controlled substance
1641  on the premises the renter or lessee rents or leases; or
1642        (c) a landlord, but only if:
1643  (i) the complaining renter or lessee has provided to the landlord a statement in
1644  writing indicating that fumes from the unlawful manufacturing or the unlawful
1645  possession or use of a controlled substance are creating a nuisance in the renter's
1646  or lessee's unit; and
1647  (ii) the landlord knowingly allows the continuation of a [nuisance under Subsection
1648  78B-6-1101(4)(b) ] drug nuisance after receipt of written notice under Subsection
1649  (3)(c)(i).
1650    (4) It is a defense to a drug nuisance if the defendant can prove that the defendant is
1651        lawfully entitled to the possession or use of a controlled substance.
1652  Section 46. Section 78B-6a-407 is enacted to read:
1653  78B-6a-407 . Defense in nuisance action for shooting range.
1654    (1) A person or government entity does not have a right of action under this chapter against
1655        a person who operates or uses a shooting range in this state for noise or noise pollution
1656        resulting from the operation or use of the shooting range if the shooting range:
1657        (a)(i) was established, constructed, or operated before the implementation of any
1658  noise ordinances, rules, or regulations; and
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 H.B. 591  Enrolled Copy
1659  (ii) does not substantially and adversely affect public health or safety; or
1660  (b)(i) is in compliance with any noise control laws, ordinances, rules, or regulations
1661  that applied to the shooting range and the shooting range's operation at the time of
1662  establishment, construction, or initial operation of the shooting range; and
1663  (ii) does not substantially and adversely affect public health or safety.
1664     (2) For purposes of this section, noise generated by a shooting range that is operated in
1665  accordance with nationally recognized standards and operating practices does not
1666  constitute a public nuisance or a private nuisance.
1667  Section 47. Section 78B-6a-408 is enacted to read:
1668  78B-6a-408 . Defense for migratory bird production area.
1669        A person or government entity does not have a right of action under this chapter if the
1670     public nuisance or private nuisance is:
1671     (1) normally associated with a migratory bird production area;
1672     (2) conducted within a migratory bird production area; and
1673     (3) not in violation of federal or state law.
1674  Section 48. Repealer.
1675  This bill repeals:
1676  Section 4-44-101, Title.
1677  Section 4-44-102, Definitions.
1678  Section 4-44-202, Application of other statutes -- Ordinances.
1679  Section 47-1-1, Declared a nuisance -- Abatement.
1680  Section 47-1-2, Injunction -- Notice to owner of premises.
1681  Section 47-1-3, Evidence -- Dismissal of action -- Costs.
1682  Section 47-1-4, Violation of injunction -- Proceedings for contempt.
1683  Section 47-1-5, Order of abatement -- Execution -- Sale of personal property --
1684     Padlocking.
1685  Section 47-1-6, Proceeds of sale -- Disposition.
1686  Section 47-1-7, Bond to secure abatement -- Procedure.
1687  Section 47-1-8, Permanent injunction -- Fine.
1688  Section 47-2-1, "Abandoned horse" defined.
1689  Section 47-2-2, "Open range" defined.
1690  Section 47-3-101, Title.
1691  Section 76-9-1306, Action for abatement of public nuisance.
1692  Section 76-9-1307, Relief granted for a public nuisance that offends public decency.
                                                   - 50 -
 Enrolled Copy  H.B. 591
1693  Section 78B-6-1107, Nuisance -- Drug houses and drug dealing -- Gambling -- Group
1694    criminal activity -- Party house -- Prostitution -- Weapons -- Discharge of a firearm -- Defense.
1695  Section 78B-6-1108, Nuisance -- Abatement by eviction.
1696  Section 78B-6-1109, Abatement by eviction order -- Grounds.
1697  Section 78B-6-1110, Prior acts or threats of violence -- Protection of applicant or witness.
1698  Section 78B-6-1111, Landlord, owner, or designated agent -- Necessary party --
1699    Automatic eviction.
1700  Section 78B-6-1112, Security requirement -- Amount not a limitation -- Jurisdiction over
1701    surety.
1702  Section 49. Effective Date.
1703    This bill takes effect on May 6, 2026.
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