HB 591 — Nuisance Amendments

Section 4-47-2024-47-202, which is renumbered from Section 47-2-5 is renumbered and amended to read:

[47-2-5] 4-47-202.4-47-202 .

Section 4-47-2034-47-203, which is renumbered from Section 47-2-6 is renumbered and amended to read:

- 6 - HB0591 compared with HB0591S03 [47-2-6] 4-47-203.4-47-203 .

(1) Any person owning any horses which are running at large in any county in which the county executive has given notice of intention to make a drive, as provided in this chapter,- may6 within- 30Enrolled daysCopy afterH.B. the posting or the first publication of the notice mentioned in Section [47-2-4] 4-47-201 file with the county executive a description of such horses claimed by the person, giving the marks and brands, if any, which appear thereon, and, if the county executive shall take into [its] the county executive's possession any horses so claimed, [it] the county executive shall by registered letter addressed to the owner or claimant of such horses notify the owner or claimant that the same may be claimed within 10 days from the mailing of such notice;

591 chapter, may within 30 days after the posting or the first publication of the notice mentioned in Section [47-2-4] 4-47-201 file with the county executive a description of such horses claimed by the person, giving the marks and brands, if any, which appear thereon, and, if the county executive shall take into [its] the county executive's possession any horses so claimed, [it] the county executive shall by registered letter addressed to the owner or claimant of such horses notify the owner or claimant that the same may be claimed within 10 days from the mailing of such notice;

Section 4-47-2044-47-204, which is renumbered from Section 47-2-7 is renumbered and amended to read:

[47-2-7] 4-47-204.4-47-204 .

10-3-703.10-3-703 .

(1)(1)(a) (a) The governing body of a municipality may impose a criminal penalty for the violation of any municipal ordinance by a fine not to exceed the maximum class B misdemeanor fine under Section 76-3-301, by a term of imprisonment up to six months, or by both the fine and term of imprisonment.

- 7 - HB0591 compared with HB0591S03 (b) Notwithstanding Subsection (1)(a), a municipality may not impose a criminal penalty greater than an infraction for a violation pertaining to an individual's pet, as defined in Section 4-12-102, or an individual's use of the individual's residence unless:

(A)- is7 a- [nuisanceH.B. as that term is defined in Section 78B-6-1101] private nuisance as that term is defined in Section 78B-6a-101;

591 Enrolled Copy (A) is a [nuisance as that term is defined in Section 78B-6-1101] private nuisance as that term is defined in Section 78B-6a-101;

(2)(2)(a) (a) Except as provided in Subsection (2)(b), the governing body may prescribe a civil penalty for the violation of any municipal ordinance by a fine not to exceed the maximum class B misdemeanor fine under Section 76-3-301.

(3)(3)(a) (a) Except as provided in Subsection (3)(b) or Section 77-7-18, a municipal officer or official who is not a law enforcement officer described in Section 53-13-103 or a special function officer described in Section 53-13-105 may not issue a criminal citation for a violation that is punished as a misdemeanor.

17-64-501.17-64-501 .

- 8 - HB0591 compared with HB0591S03 (1) A legislative body may:

(b)- enforce8 obedience- toEnrolled ordinancesCopy withH.B. fines or penalties as the legislative body considers proper;

591 (b) enforce obedience to ordinances with fines or penalties as the legislative body considers proper;

(2)(2)(a)(i) (a) (i) Punishment imposed under Subsection (1)(b) shall be by fine, imprisonment, or both fine and imprisonment.

- 9 - HB0591 compared with HB0591S03 (e) Notwithstanding any other provision of law, the following may issue a criminal citation for a violation that is punished as a misdemeanor if the violation threatens the health and safety of an animal or the public:

(3)(3)(a) (a) Except as specifically authorized by statute, the legislative body may not impose a civil penalty for the violation of a county traffic ordinance.

(b)- Subsection9 (3)(a)- doesH.B. not apply to an ordinance regulating the parking of vehicles on a highway.

591 Enrolled Copy (b) Subsection (3)(a) does not apply to an ordinance regulating the parking of vehicles on a highway.

17-81-101.17-81-101 .

[(3)] (4)(4)(a) (a) "Agriculture production" means production for commercial purposes of crops, livestock, and livestock products.

- 10 - HB0591 compared with HB0591S03 [(4)] (5) "Agriculture protection area" means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter.

(i)- the10 legislative- bodyEnrolled ofCopy theH.B. county in which the relevant protection area is located, if the relevant protection area is within the unincorporated part of the county;

591 (i) the legislative body of the county in which the relevant protection area is located, if the relevant protection area is within the unincorporated part of the county;

- 11 - HB0591 compared with HB0591S03 [(12)] (13) "Critical infrastructure materials protection area" means a geographic area created under the authority of this chapter on or after May 14, 2019, that is granted the specific legal protections contained in this chapter.

or (v)- vegetables,11 nursery,- floral,H.B. and ornamental stock;

591 Enrolled Copy (v) vegetables, nursery, floral, and ornamental stock;

- 12 - HB0591 compared with HB0591S03 [(20)] (21) "Mining protection area" means land where a vested mining use occurs, including each surface or subsurface land or mineral estate that a mine operator with a vested mining use owns or controls on January 1, 2026.

(iii) the removal, transport, treatment, deposition, and reclamation of overburden, development- rock,12 tailings,- andEnrolled otherCopy wasteH.B. material;

591 development rock, tailings, and other waste material;

[(22)] (23)(23)(a) (a) "Municipal" means of or relating to a city or town.

- 13 - HB0591 compared with HB0591S03 [(23)] (24) "New land" means surface or subsurface land or mineral estate that a mine operator gains ownership or control of, whether that land or mineral estate is included in the mine operator's large mine permit.

[(26)] (27)(27)(a) (a) "Open land" means land that is:

(b) "Open land" includes land described in Subsection [(26)(a)] (27)(a) that contains facilities,- including13 trails,- waterways,H.B. and grassy areas, that, in the judgment of the county legislative body:

591 Enrolled Copy facilities, including trails, waterways, and grassy areas, that, in the judgment of the county legislative body:

or - 14 - HB0591 compared with HB0591S03 (c) a planning commission of a city or town if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a city or town.

[(34)] (35) "Vested critical infrastructure materials use" means a critical infrastructure materials- operations14 use- byEnrolled aCopy criticalH.B. infrastructure materials operator that is an existing legal use.

591 materials operations use by a critical infrastructure materials operator that is an existing legal use.

17-81-304.17-81-304 .

- 15 - HB0591 compared with HB0591S03 (b) for an industrial protection area, any industrial use of the land within the industrial protection area that is consistent with sound practices applicable to the industrial use, unless that use bears a direct relationship to public health or safety;

(2)(2)(a) (a) For an agricultural protection area, an ordinance of a political subdivision does not apply to an agricultural operation that is conducted in the normal and ordinary course of an agricultural operation or conducted in accordance with sound agricultural practices if that ordinance:

[(2) In a civil action for nuisance or a criminal action for public nuisance under Section 76-9-1301, it is a complete defense if the action involves agricultural activities and:] [(a)- those15 agricultural- activitiesH.B. were:] [(i) conducted within an agriculture protection area;

591 Enrolled Copy [(a) those agricultural activities were:] [(i) conducted within an agriculture protection area;

or] [(b) a defense under Section 4-44-201 applies.] (3)(3)(a) (a) A vested mining use undertaken in conformity with applicable federal and state law and regulations is presumed to be operating within sound mining practices.

and (ii) may not constitute a [private or public nuisance ] private nuisance or public nuisance under Title 78B, Chapter 6a, Civil Actions for Nuisance,Nuisances, or a public nuisance under Section 76-9-1301.

- 16 - HB0591 compared with HB0591S03 (c) A vested mining use in operation for more than three years may not be considered to have become a private or public nuisance because of a subsequent change in the condition of land within the vicinity of the vested mining use.

23A-13-303.23A-13-303 .

(1)(1)(a) (a) A county shall exclude the activities described in Subsection (1)(b) from the definition of public nuisance in a county law or ordinance regulating a public nuisance.

(xi)- an16 activity- conductedEnrolled inCopy theH.B. normal course of an agricultural operation as defined in Section [4-44-102] 78B-6a-101;

591 (xi) an activity conducted in the normal course of an agricultural operation as defined in Section [4-44-102] 78B-6a-101;

and] [(c) not in violation of federal or state law.] - 17 - HB0591 compared with HB0591S03 [(3)] (2) An owner of a new development located in whole or in part within 1,000 feet of a migratory bird production area shall provide the following notice on a plat filed with the county recorder:

40-11-13.40-11-13 .

(a)- a17 finding- fromH.B. the Utah Geological Survey, created in Section 79-3-201 that the reservoir is appropriate for the storage of carbon dioxide;

591 Enrolled Copy (a) a finding from the Utah Geological Survey, created in Section 79-3-201 that the reservoir is appropriate for the storage of carbon dioxide;

Section 53-5a-70153-5a-701, which is renumbered from Section 47-3-102 is renumbered and amended to read:

Shooting Ranges - 18 - HB0591 compared with HB0591S03 [47-3-102] 53-5a-701.53-5a-701 .

Definitions.Definitions for part.

Section 53-5a-70253-5a-702, which is renumbered from Section 47-3-201 is renumbered and amended to read:

[47-3-201] 53-5a-702.53-5a-702 .

[Those[ risks]- (2)18 The- risksEnrolled describedCopy inH.B. Subsection (1) include injuries that may result from noise, discharge of projectile or shot, malfunction of shooting equipment not owned by the shooting range or public shooting range, natural variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural growth or debris.

591 Those risks] (2) The risks described in Subsection (1) include injuries that may result from noise, discharge of projectile or shot, malfunction of shooting equipment not owned by the shooting range or public shooting range, natural variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural growth or debris.

Section 53-5a-70353-5a-703, which is renumbered from Section 47-3-202 is renumbered and amended to read:

[47-3-202] 53-5a-703.53-5a-703 .

- 19 - HB0591 compared with HB0591S03 (1) A state agency or political subdivision shall ensure that any of [its] the state agency's or political subdivision's rules or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition any shooting range or public shooting range that was established, constructed, or operated [prior to] before the implementation of the rule or ordinance regarding public nuisance unless that activity or operation substantially and adversely affects public health or safety.

and] [(ii) does not substantially and adversely affect public health or safety.] [(3) For purposes of this section, noise generated by a shooting range or public shooting range that is operated in accordance with nationally recognized standards and operating practices is not a public health nuisance.] [(4)] (2) For any new subdivision development located in whole or in part within 1,000 feet of the boundary of any shooting range or public shooting range that was established, constructed, or operated [prior to] before the development of the subdivision, the owner of- the19 development- shallH.B. provide on any plat filed with the county recorder the following notice:

591 Enrolled Copy of the development shall provide on any plat filed with the county recorder the following notice:

The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from these uses and activities." - 20 - HB0591 compared with HB0591S03 Section 16.

Section 53-5a-70453-5a-704, which is renumbered from Section 47-3-301 is renumbered and amended to read:

[47-3-301] 53-5a-704.53-5a-704 .

Section 53-5a-70553-5a-705, which is renumbered from Section 47-3-302 is renumbered and amended to read:

[47-3-302] 53-5a-705.53-5a-705 .

(3)(3)(a) (a) Each group that uses a shooting range owned or operated by a state agency, institution of higher education, or political subdivision shall provide a certified official to oversee their shooting activities while on the range.

(6)- Shooting20 range- operationsEnrolled shallCopy beH.B. in accordance with safety standards adopted by the National Rifle Association or equivalent national shooting organization.

591 (6) Shooting range operations shall be in accordance with safety standards adopted by the National Rifle Association or equivalent national shooting organization.

Section 53-5a-70653-5a-706, which is renumbered from Section 47-3-303 is renumbered and amended to read:

- 21 - HB0591 compared with HB0591S03 [47-3-303] 53-5a-706.53-5a-706 .

Section 53-5a-70753-5a-707, which is renumbered from Section 47-3-304 is renumbered and amended to read:

[47-3-304] 53-5a-707.53-5a-707 .

and (b)- for21 a- shootingH.B. range operated or controlled by a political subdivision, deposited in the political subdivision's general fund.

591 Enrolled Copy (b) for a shooting range operated or controlled by a political subdivision, deposited in the political subdivision's general fund.

Section 53-5a-70853-5a-708, which is renumbered from Section 47-3-305 is renumbered and amended to read:

[47-3-305] 53-5a-708.53-5a-708 .

- 22 - HB0591 compared with HB0591S03 (b) shooting ranges that are operated as a public shooting range staffed by and operated by Division of Wildlife Resources;

(2)(2)(a) (a) Firearms may not be allowed in a school building, except under the provision of Section 76-11-205 or 76-11-205.5, unless there is an outdoor entrance to the shooting range and the most direct access to the range is used.

(3)(3)(a) (a) Only air guns may be used in public ranges where the ventilation systems do not meet current OSHA standards as applied to the duration of exposure of the participants.

(4) Group range use is a lawful, approved activity under Subsection 76-11-205(4)(f) or 76-11-205.5(4)76-11-205.5(4)(g). (g).

72-6-112.5.72-6-112.5 .

(b)(b)(i) (i) "Front row receptor" means a noise-sensitive residential receptor that is:

or (B) within 800 feet of a transportation facility that is within a commercial or industrialized- area.22 - Enrolled Copy H.B.

591 industrialized area.

- 23 - HB0591 compared with HB0591S03 [(d) "Nuisance" means the same as that term is defined in Section 78B-6-1101.] [(e)] (d)(d)(i) (i) "Permitted activities" means activities occurring between the hours of 7:00 p.m.

(v)- economics;23 - H.B.

591 Enrolled Copy (v) economics;

and - 24 - HB0591 compared with HB0591S03 (c) institutes best management noise reduction practices, as determined by the department, for front row receptors, in consultation with local government or the local jurisdictional authority for all nighttime construction, which may include:

(4)(4)(a) (a) Subject to Subsection (2) or (3), a state highway project or public transit facility construction shall secure required noise permits from the local jurisdictional authority to conduct nighttime construction.

(7)(7)(a) (a) A local jurisdictional authority may request adjustments to a nighttime construction permit to mitigate unreasonable noise disturbances caused by nighttime construction or permitted activities.

(8) - 2524 - HB0591Enrolled comparedCopy withH.B. HB0591S03 (a) For the exemption provided in Subsection (3) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules establishing procedures:

591 (8)(a) For the exemption provided in Subsection (3) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules establishing procedures:

76-5c-103.76-5c-103 .

(1)(1)(a) (a) A county, city, or other political subdivision has the right to regulate pornographic materials or materials harmful to minors as this chapter does not proscribe or limit the regulation of pornographic materials or materials harmful to minors by a county, city, or other political subdivision.

(3)(3)(a) (a) The commission of a crime under this chapter offends public decency under Subsection 76-9-1301(2).

- 26 - HB0591 compared with HB0591S03 (b) It is the intent of this chapter to give the broadest meaning permissible under the United States Constitution and the Utah Constitution to the words "offends public decency" in Subsection 76-9-1301(2).

76-9-1301.76-9-1301 .

As- used25 in- thisH.B. part:

591 Enrolled Copy As used in this part:

[(3)] (8)(8)(a) (a) "Public nuisance" means unlawfully committing an act or omitting to perform a duty[, which] and the act or duty:

- 27 - HB0591 compared with HB0591S03 (i) [activities] an activity conducted in the normal and ordinary course of [agricultural operations, as defined in Section 4-44-102,] an agricultural operation and conducted in accordance with sound agricultural practices, with the presumption that [agricultural operations] an agricultural operation undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, [are][ is- operating26 within- soundEnrolled agriculturalCopy practices;H.B.

591 are] is operating within sound agricultural practices;

(A)(A)(I) (I) was established, constructed, or operated before the implementation of any noise ordinances, rules, or regulations;

or (B)(B)(I) (I) is in compliance with any noise control laws, ordinances, rules, or regulations that applied to the shooting range and the shooting range's operation at the time of establishment, construction, or initial operation of the range;

[(4)] (10)(10)(a) (a) "Supervised drug consumption site" means a facility or premises operated or intended to provide an environment for the unlawful use of a controlled substance.

- 28 - HB0591 compared with HB0591S03 (b) "Supervised drug consumption site" does not include a facility or premises that provides or facilitates:

78B-6-802.- 27 - H.B.

591 Enrolled Copy 78B-6-802 .

- 29 - HB0591 compared with HB0591S03 (g) commits a criminal act on the premises and remains in possession after service of a three calendar days' notice to quit;

(h) continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the property- is28 held,- otherEnrolled thanCopy thoseH.B. previously mentioned, and after notice in writing requiring in the alternative the performance of the conditions or covenant or the surrender of the property, served upon the tenant and upon any subtenant in actual occupation of the premises remains uncomplied with for three calendar days after service;

591 property is held, other than those previously mentioned, and after notice in writing requiring in the alternative the performance of the conditions or (i)covenant (i)or isthe asurrender tenantof underthe aproperty, bonaserved fideupon tenancythe astenant describedand upon any subtenant in Sectionactual 702occupation of the Protectingpremises Tenantsremains atuncomplied Foreclosurewith Act;for three calendar days after service;

or (i)(i) is a tenant under a bona fide tenancy as described in Section 702 of the Protecting Tenants at Foreclosure Act;

(4) The notice provisions for nuisance in Subsections (1)(d) through (g) do not apply to [nuisance[ nuisance actions provided in Sections 78B-6-1107 through 78B-6-1114] an action for abatement by eviction of a private nuisance as described in Section 78B-6a-303.

- 30 - HB0591 compared with HB0591S03 (d) does not require that a tenant be given more than three business days after service to pay rent and other amounts due under a notice provided under Subsection (1)(c);

and (g)- does29 not- limitH.B. the accrual of damages under Section 78B-6-811.

591 Enrolled Copy (g) does not limit the accrual of damages under Section 78B-6-811.

78B-6-805.78B-6-805 .

or (e) if an order of abatement by eviction of the nuisance is issued by the court as provided in Section [78B-6-1109] 78B-6a-303, when issued, the parties present shall be on notice that the abatement by eviction order is issued and immediately effective or as to any absent party, notice shall be given as provided in Subsections (1)(a) through [(e)][ (e)] (d).

78B-6-806.78B-6-806 .

Necessary parties defendant.

(1)(1)(a) (a) No person other than the tenant of the premises, a lease signer, and subtenant if there is one in the actual occupation of the premises when the action is commenced, may be made a party defendant in the proceeding, except as provided in Section [78B-6-1111][ 78B-6-1111] 78B-6a-303.

- 31 - HB0591 compared with HB0591S03 (b) A proceeding may not abate, nor the plaintiff be nonsuited, for the nonjoinder of any person who might have been made a party defendant.

(c) If it appears that any of the parties served with process or appearing in the proceedings- are30 guilty,- judgmentEnrolled shallCopy beH.B. rendered against those parties.

(2)591 (a)proceedings Ifare aguilty, personjudgment hasshall becomebe arendered subtenantagainst ofthose theparties. premises in controversy after the service of any notice as provided in this part, the fact that the notice was not served on the subtenant is not a defense to the action.

(2)(a) If a person has become a subtenant of the premises in controversy after the service of any notice as provided in this part, the fact that the notice was not served on the subtenant is not a defense to the action.

78B-6-811.78B-6-811 .

(1)(1)(a) (a) A court may:

(d)(d)(i) (i) A forfeiture under Subsection (1)(c) does not release a defendant from any obligation for payments on a lease for the remainder of the lease's term.

- 32 - HB0591 compared with HB0591S03 (a) forcible entry;

and (e) the abatement [of the nuisance by eviction as provided in Sections 78B-6-1107 through 78B-6-1114] by eviction of a private nuisance as described in Section 78B-6a-303.- 31 - H.B.

591 Enrolled Copy 78B-6a-303.

(4)(4)(a) (a) If the proceeding is for unlawful detainer, the court shall issue execution upon the judgment immediately after the entry of the judgment.

(6)(6)(a) (a) If the court issues an order of restitution, the defendant shall provide a current address to the court and the plaintiff within 30 days of the day on which the court issues the order of restitution.

78B-6-813.78B-6-813 .

- 33 - HB0591 compared with HB0591S03 (2) In a [nuisance action under Sections 78B-6-1107 through 78B-6-1114] private nuisance action described in Section 78B-6a-303, any party may appeal from the judgment rendered within three days.

Section 78B-6a-10178B-6a-101, which is renumbered from Section 78B-6-1101 is renumbered and amended to read:

General Provisions [78B-6-1101] 78B-6a-101.78B-6a-101 .

(1)(1)(a) (a) "Agricultural operation" means the commercial production of crops, orchards, livestock,- poultry,32 aquaculture,- livestockEnrolled products,Copy orH.B. poultry products.

591 livestock, poultry, aquaculture, livestock products, or poultry products.

- 34 - HB0591 compared with HB0591S03 (7) "Legal product" means a product for which possession generally, or by the person alleged to be causing the public nuisance, is not specifically prohibited by federal or state law.

[(d) "Nuisance" means anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.] [(e)]- (9)33 [(i)]- "PossessionH.B. or use" means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of a controlled substance, and includes individual, joint, or group possession or use of a controlled substance.

[(ii)591 ForEnrolled aCopy person[(e)] to(9)[(i)] be"Possession a possessor or useruse" ofmeans a controlled substance, it is not required that the personjoint be shown to have individually possessed, used, or controlledindividual theownership, substance,control, butoccupancy, itholding, isretaining, sufficientbelonging, ifmaintaining, itor is shown that the personapplication, jointlyinhalation, participatedswallowing, withinjection, one or moreconsumption, personsas indistinguished thefrom use,distribution, possession, or control of a controlled substancesubstance, withand knowledgeincludes thatindividual, thejoint, activity was occurring, or thegroup controlledpossession substance is found in a place or under circumstances indicating that the person had the ability and the intent to exercise dominion and control over it.] (10) (a) "Private nuisance" means a condition arising out of the use of reala propertycontrolled that:substance.

[(ii) For a person to be a possessor or user of a controlled substance, it is not required that the person be shown to have individually possessed, used, or controlled the substance, but it is sufficient if it is shown that the person jointly participated with one or more persons in the use, possession, or control of a controlled substance with knowledge that the activity was occurring, or the controlled substance is found in a place or under circumstances indicating that the person had the ability and the intent to exercise dominion and control over it.] (10)(a) "Private nuisance" means a condition arising out of the use of real property that:

- 35 - HB0591 compared with HB0591S03 (iii) criminal activity committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802;

or (iii)- an34 action- orEnrolled conditionCopy thatH.B. is authorized, approved, licensed, or mandated by statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity.

(11)591 (a)(iii) "Publican nuisance"action means:or condition that is authorized, approved, licensed, or mandated by statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity.

(11)(a) "Public nuisance" means:

- 36 - HB0591 compared with HB0591S03 (iv) the design, manufacturing, distributing, selling, labeling, or marketing of a legal product;

(a) a residential rental unit available for temporary rental, such as for a vacation, or available for only 30 or fewer days at a time;

(14) "Tobacco or illegal substance nuisance" means tobacco smoke that drifts into a residential unit a person rents, leases, or owns, from another residential or commercial unit- and35 the- smoke:H.B.

591 Enrolled Copy unit and the smoke:

(15)(15)(a) (a) "Unlawfully interferes" means a condition that violates a statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity.

- 37 - HB0591 compared with HB0591S03 (d) criminal activity is committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802;

[(2) A nuisance may be the subject of an action.] [(3) A nuisance may include the following:] [(a) drug houses and drug dealing as provided in Section 78B-6-1107;] [(b)- gambling36 as- providedEnrolled inCopy TitleH.B. 76, Chapter 9, Part 14, Gambling;] [(c) criminal activity committed in concert with two or more individuals as provided in Section 76-3-203.1;] [(d) criminal activity committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802;] [(e) criminal activity committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802;] [(f) party houses that frequently create conditions defined in Subsection (1)(d);] [(g) prostitution as provided in Title 76, Chapter 5d, Prostitution;

591 [(b) gambling as provided in Title 76, Chapter 9, Part 14, Gambling;] [(c) criminal activity committed in concert with two or more individuals as provided in Section 76-3-203.1;] [(d) criminal activity committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802;] [(e) criminal activity committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802;] [(f) party houses that frequently create conditions defined in Subsection (1)(d);] [(g) prostitution as provided in Title 76, Chapter 5d, Prostitution;

or] - 38 - HB0591 compared with HB0591S03 [(b) fumes resulting from the unlawful manufacturing or the unlawful possession or use of a controlled substance that drift into a residential unit a person rents, leases, or owns, from another residential or commercial unit.] [(5) Subsection (4)(a) does not apply to:] [(a) a residential rental unit available for temporary rental, such as for a vacation, or available for only 30 or fewer days at a time;

Section 3078B-6a-102 is enacted to read:

78B-6a-102.78B-6a-102 .

Abrogation of common law nuisance--nuisance -- Exception -- Reporting requirement.

(1)(1)(a) ThisExcept as provided in Subsection (2), this chapter abrogates any common law civil right of action for a public nuisance or a private nuisance in this state.

(b) Subsection (1)(a) does not abrogate a common law civil right of action for public nuisance- or37 a- privateH.B. nuisance that accrued, or is pending in a court, before May 6, 2026.

Notwithstanding591 SubsectionEnrolled (1),Copy thenuisance attorneyor general may bring a commonprivate lawnuisance civilthat rightaccrued, ofor actionis forpending in a publiccourt, nuisancebefore orMay private6, nuisance2026. in this state{.} if:

(2) The attorney general may bring a common law civil right of action for a public nuisance or private nuisance in this state if:

- 39 - HB0591 compared with HB0591S03 (a) the attorney general shall report to the Judiciary Interim Committee on the attorney general's exercise of the common law right of action described in Subsection (2);

Section 78B-6a-10378B-6a-103, which is renumbered from Section 78B-6-1114 is renumbered and amended to read:

[78B-6-1114] 78B-6a-103.78B-6a-103 .

Section- 32.38 - Enrolled Copy H.B.

591 Section 78B-6a-10432. is renumbered and amended to read:

[78B-6-1102.5]Section 78B-6a-104.78B-6a-104, which is renumbered from Section 78B-6-1102.5 is renumbered and amended to read:

[78B-6-1102.5] 78B-6a-104 .

A person who knowingly violates any judgment or order abating or enjoining a [[nuisance, nuisance, as that term is defined in Section 78B-6-1101] public nuisance or private nuisance:

Section 3378B-6a-201 is enacted to read:

78B-6a-201.Part 2.

Public Nuisance 78B-6a-201 .

2.As used in this part:

Public Nuisance As used in this part:

(2)(2)(a) - 40 - HB0591 compared with HB0591S03 (a) "Special injury" means an injury that is different in kind, not just in degree, from an injury sustained by the general public exercising the same public right.

Section 3478B-6a-202 is enacted to read:

78B-6a-202.78B-6a-202 .

(1) Except as otherwise provided by this section or Part 4, Defenses to NuisancesNuisance Actions, a government entity has a right of action against a person for a public nuisance if:

and- (b)39 (i)- theH.B. public nuisance would not exist if not for the person's conduct under Subsection (1)(a);

591 Enrolled Copy and (b)(i) the public nuisance would not exist if not for the person's conduct under Subsection (1)(a);

(2)(2)(a) (a) A government entity that is a political subdivision of the state may only bring a public nuisance action described in Subsection (1) if the alleged public nuisance is entirely within the jurisdiction of that government entity.

- 41 - HB0591 compared with HB0591S03 (c) The governor may direct the attorney general to bring an action described in Subsection (1) on behalf of the state.

(a) by the verified complaint, counterclaim, or third party complaint;

(9)- This40 section- doesEnrolled notCopy limitH.B. the authority of a government entity to order a person to vacate the right of way of a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway.

591 (9) This section does not limit the authority of a government entity to order a person to vacate the right of way of a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway.

Section 3578B-6a-203 is enacted to read:

78B-6a-203.78B-6a-203 .

(1) Except as otherwise provided by this section and Part 4, Defenses to NuisancesNuisance Actions, a private party has a right of action for a public nuisance against a person if:

- 42 - HB0591 compared with HB0591S03 (i) engages in an activity that directly causes the public nuisance and the public nuisance is a reasonably foreseeable result of the person's activity;

Section- 36.41 - H.B.

Section591 36Enrolled isCopy enactedSection to36. read:

78B-6a-204.Section 78B-6a-204 is enacted to read:

78B-6a-204 .

Section 3778B-6a-301 is enacted to read:

78B-6a-301.Part 3.

Private Nuisance 78B-6a-301 .

-Reserved. 43 - HB0591 compared with HB0591S03 3.

Private Nuisance Reserved.

Section 78B-6a-30278B-6a-302, which is renumbered from Section 78B-6-1102 is renumbered and amended to read:

[78B-6-1102] 78B-6a-302.78B-6a-302 .

or (iii)- abatement42 by- evictionEnrolled asCopy providedH.B. in this part;

591 (iii) abatement by eviction as provided in this part;

Section 3978B-6a-303 is enacted to read:

78B-6a-303.78B-6a-303 .

(1)(1)(a) - 44 - HB0591 compared with HB0591S03 (a) The county attorney, or the county, the city attorney of any incorporated city in the county, any citizen or citizens of the state residing in the county, or any person or business doing business in the county, has a right of action for abatement by eviction if there is reason to believe that an unsafe building or place is kept, maintained, or exists in the city or county.

(3)(3)(a) (a) At the time of filing an action for abatement by eviction under Subsection (1), the court may issue an order, upon a showing of good cause:

(b) The order under Subsection (3)(a) may include nondisclosure of the name, address, or- any43 other- informationH.B. that may identify the individual protected by the order.

(4)591 (a)Enrolled ACopy landlord, owner, or designatedany agentother isinformation athat necessarymay defendantidentify in an action for an unsafe building or place for entry of an order to abate the unsafeindividual buildingprotected or place by eviction where the actsorder. complained of are those of a third party upon the premises of the landlord, owner, or designated agent.

(4)(a) A landlord, owner, or designated agent is a necessary defendant in an action for an unsafe building or place for entry of an order to abate the unsafe building or place by eviction where the acts complained of are those of a third party upon the premises of the landlord, owner, or designated agent.

- 45 - HB0591 compared with HB0591S03 (i) the court finds that an unsafe building or place is a private nuisance;

(6)(6)(a) (a) The court shall condition issuance of an order of abatement by eviction under this section on the giving of security by the plaintiff, in such sum and form as the court determines proper, unless:

(d)(d)(i) (i) A surety upon a bond or undertaking under this Subsection (6) submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as agent upon whom any papers affecting the surety's liability on the bond or undertaking may- be44 served.- Enrolled Copy H.B.

591 may be served.

- 46 - HB0591 compared with HB0591S03 (e) Upon request, the plaintiff shall be granted a hearing to be held no later than three days from the date the defendant is served with notice of the applicant's giving of security, as described in Subsection (6)(a).

Section 78B-6a-30478B-6a-304, which is renumbered from Section 78B-6-1113 is renumbered and amended to read:

[78B-6-1113] 78B-6a-304.78B-6a-304 .

Section 4178B-6a-401 is enacted to read:

78B-6a-401.Part 4.

Defenses to Nuisance Actions 78B-6a-401 .

4.As used in this part, "fundamental change" does not include:

Defenses to Nuisance Actions As used in this part, "fundamental change" does not include:

(2)- an45 interruption- ofH.B. farming for a period of no more than three years;

591 Enrolled Copy (2) an interruption of farming for a period of no more than three years;

Section 78B-6a-40278B-6a-402, which is renumbered from Section 78B-6-1103 is renumbered and amended to read:

[78B-6-1103] 78B-6a-402.78B-6a-402 .

-(1)(a) 47 - HB0591 compared with HB0591S03 (1) (a) [Notwithstanding Sections 76-9-1301 and 78B-6-1101, a manufacturing facility may not be considered a nuisance because of] A person or government entity does not have a right of action for a private nuisance under this chapter for any changed circumstance in land uses near [the] a manufacturing facility if:

(3)(3)(a) (a) Any and all ordinances [now or in the future ]adopted by any county or municipal corporation in which a manufacturing facility is located [and which makes its] that makes the manufacturing facility's operation a private nuisance or providing for an abatement as a private nuisance in the circumstances set forth in this section are null and void.

Section 78B-6a-40378B-6a-403, which is renumbered from Section 78B-6-1115 is renumbered and amended to read:

[78B-6-1115] 78B-6a-403.78B-6a-403 .

Defense in private nuisance action for critical infrastructure- materials46 operations.- Enrolled Copy H.B.

(1)591 [Activities] A person or government entity does not have a right of action for a private nuisance under this chapter for an activity conducted in the normal and ordinary course of a critical infrastructure materials [operations]operations. operation or conducted in accordance with sound practices [are] is presumed to be reasonable[ and not constitute a nuisance].

-(1) 48[Activities] -A HB0591person comparedor withgovernment HB0591S03entity (2)does [Critical]not Ahave criticala infrastructureright materialsof [operations]action operationfor undertakena inprivate conformitynuisance withunder federal,this state,chapter andfor localan lawsactivity conducted in the normal and regulations,ordinary includingcourse zoningof ordinances,a [are]critical isinfrastructure materials [operations] operation or conducted in accordance with sound practices [are] presumed to be operatingreasonable[ withinand soundnot criticalconstitute infrastructurea materialsnuisance]. practices.

(2) [Critical] A critical infrastructure materials [operations] operation undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, [are] is presumed to be operating within sound critical infrastructure materials practices.

Section 78B-6a-40478B-6a-404, which is renumbered from Section 4-44-201 is renumbered and amended to read:

[4-44-201] 78B-6a-404.78B-6a-404 .

(2)(2)(a) (a) A person or government entity does not have a right of action under this chapter for a private nuisance that is an agricultural operation if the agricultural operation is conducted in the normal and ordinary course of an agricultural operation or conducted in accordance with sound agricultural practices.

(3) A person or government entity has no right of action for a public nuisance or private nuisance- if47 the- actionH.B. involves an agricultural activity and the agricultural activity is:

591 Enrolled Copy nuisance if the action involves an agricultural activity and the agricultural activity is:

and - 49 - HB0591 compared with HB0591S03 (b) not in violation of any federal, state, or local law or regulation relating to the alleged nuisance or was conducted according to sound agricultural practices.

Section 78B-6a-40578B-6a-405, which is renumbered from Section 78B-6-1106 is renumbered and amended to read:

[78B-6-1106] 78B-6a-405.78B-6a-405 .

and (b) by signing the agreement the renter, lessee, or buyer acknowledges [he has] {hey } they have been informed that tobacco smoke may drift into the unit [he is] they are renting, leasing, or purchasing, and [he waives] they waive any right to a cause of action for a [nuisance[ nuisance under Subsection 78B-6-1101(4)] tobacco nuisance.

or (c)- the48 landlord,- butEnrolled onlyCopy if:H.B.

591 (c) the landlord, but only if:

- 50 - HB0591 compared with HB0591S03 (ii) the complaining renter or lessee has provided to the landlord a statement in writing indicating that tobacco smoke is creating a nuisance in the renter's or lessee's unit;

Section 4678B-6a-407 is enacted to read:

78B-6a-407.78B-6a-407 .

(a)(a)(i) (i) was established, constructed, or operated before the implementation of any noise ordinances, rules, or regulations;

and (ii)- does49 not- substantiallyH.B. and adversely affect public health or safety;

or591 (b)Enrolled -Copy 51(ii) -does HB0591not comparedsubstantially with HB0591S03 (i) is in compliance with any noise control laws, ordinances, rules, or regulations that applied to the shooting range and theadversely shootingaffect range'spublic operationhealth at the time of establishment, construction, or initialsafety; operation of the shooting range;

or (b)(i) is in compliance with any noise control laws, ordinances, rules, or regulations that applied to the shooting range and the shooting range's operation at the time of establishment, construction, or initial operation of the shooting range;

Section 4778B-6a-408 is enacted to read:

78B-6a-408.78B-6a-408 .

This Bill Repeals:

- 52 - HB0591 compared with HB0591S03 Section 47-3-101, Title.

Section- 78B-6-1107,50 Nuisance- --Enrolled DrugCopy housesH.B. and drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution -- Weapons -- Discharge of a firearm -- Defense.

591 Section 78B-6-1107, Nuisance -- Drug houses and drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution -- Weapons -- Discharge of a firearm -- Defense.

Effective date.

3-5-26 10:55 AM - 5351 -