For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANNOYANCE. The act of annoying, or the state of being annoyed; molestation; vexation; annoy; something or someone that causes trouble; a source of unhappiness; a cause of irritation. That which annoys.
AUTHOR OF NUISANCE. Where a nuisance exists upon property and is the outgrowth of the usual, natural or necessary use of the property, the landlord thereof, or his or her agent and all other persons having control of the property on which such nuisance exists, shall be deemed to be the authors thereof and shall arise from the unusual or unnecessary use to which such property may be put, or from businesses thereon conducted, then the occupants, and all other persons contributing to the continuance of such nuisance, shall be deemed the authors thereof.
NUISANCE. Whatever is dangerous to human life or health and whatever renders soil, air, water or food impure or unwholesome is declared to be a nuisance and to be illegal. It shall be unlawful for any person, either as owner, agent or occupant to create or aid in creating or contributing to or to maintain a nuisance.
PUBLIC NUISANCE.
(1) A crime against the order and economy of the state (or city) and consists in unlawfully doing any act or omitting to perform any duty, which act or omission either:
(a) Annoys, injures or endangers the comfort, repose, health or safety of three or more persons;
(b) Offends public decency;
(c) Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake, stream, canal or basin, or any public park, square, street or highway; or
(d) In any way renders three or more persons insecure in life or use of property.
(2) An act which affects three or more persons in any way specified in this definition is still a nuisance regardless of the extent of annoyance or damage inflicted on individuals is unequal.
(Prior Code, § 4-4-1)
Statutory reference:
Public nuisances, see UCA § 76-10-803