A. Nuisance Defined: A "nuisance" is:
1. Any item, thing, manner or condition whatsoever that is dangerous to human life or health or general welfare, or renders soil, air, water or food impure or unwholesome;
2. A crime against the good order and economy of the State and consists in unlawfully doing any act or omitting to perform any duty, which act or omission does one of the following:
a. Annoys, injures or endangers the comfort, repose, health or safety of three (3) 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 (3) or more persons insecure in life or the use of property;
3. Placing the carcass of any dead animal, or the offal from any slaughter pen, corral or butcher shop into any river, creek, pond, street, alley or public highway, or road in common use, or the attempt to destroy such carcass or offal by fire, within the City limits;
4. Constructing or maintaining a corral, sheep pen, goat pen, stable, pigpen, chicken coop, or other offensive yard or outhouse, where the waste or drainage shall flow directly or indirectly into the waters of any stream, well, or spring of water used for domestic purposes;
5. Depositing, piling, unloading or leaving any manure heap, offensive rubbish or the carcass of any dead animal where the waste or drainage will flow directly or indirectly into the waters of any stream, well or spring of water used for domestic purposes;
6. Dipping or washing sheep in any stream, or constructing, maintaining or using any pool or dipping vat for dipping or washing sheep in close proximity to any stream or well used by the inhabitants of the City for domestic purposes as to make the waters impure or unwholesome;
7. Constructing or maintaining any corral, yard or vat to be used for the purpose of shearing or dipping sheep within the City limits, where the refuse or filth from the corral or yard would naturally find its way into any stream of water used by the inhabitants of the City for domestic purposes;
8. Establishing and maintaining any corral, camp or bedding place for the purpose of herding, holding or keeping any cattle, horses, sheep, goats or hogs within the City limits, where the refuse or filth from the corral, camp or bedding place will naturally find its way into any stream of water or well used by the inhabitants of the City for domestic purposes; or
9. Any injurious or noxious weeds, garbage, refuse, or unsightly or deleterious objects.
a. For purpose of this chapter, "injurious weeds" shall mean plants of any type growing in an uncultivated state, not used for food, fiber or ornamentation, extending in height greater than twelve inches (12") above ground, including, without limitation, tumbleweeds. The term "noxious weeds" shall also include those plants listed as noxious weeds by the State Commissioner of Agriculture pursuant to Utah Code Annotated section 4-17-103, together with such plants later added to such list.
b. If a parcel of undeveloped ground is a size of five (5) contiguous acres or larger, weed growth, other than noxious weeds, may be left at a height higher than twelve inches (12") above ground if the property owner maintains a defense strip of fifty feet (50') along every property line or road/sidewalk edge surrounding the property.
c. Tumbleweeds are the result of various plants that have dried out and been broken free of their roots and the soil by the wind. Tumbleweeds present a distinct fire hazard that becomes greater as they dry out and accumulate against structures such as fences, outbuildings, houses and businesses. Property owners are expected to clear and remove tumbleweeds originating on their property before they invade someone else's property.
d. A "defense strip" as used in subsection A9b of this section means an area of land that is bare earth. This means that weeds and other vegetative growth has been cut down to the ground, hauled away, and herbicide has been applied to kill all plant life down to the root. A defense strip will need continuous attention during the growing season.
B. Prohibition And Penalty: Nuisances are prohibited in and around the City. Any person, whether as owner, agent or occupant, who creates, aids in creating, tolerates or contributes to a nuisance, or who supports, continues or retains a nuisance, is guilty of a Class B misdemeanor, except as set forth in subsection 1-14B-1A, and may be prosecuted criminally or may be subject to administrative enforcement procedures provided in title 16 of this Code.
C. Unequal Effect: An act which affects three (3) or more persons in any of the ways specified in this section is still a nuisance regardless if the extent of annoyance or damage inflicted on individuals is unequal.
D. General Applicability: The duties imposed upon landowners pursuant to this section apply to all properties within the City. These provisions apply to undeveloped or undivided parcels and to individual developed lots, including the front yard, side yard or rear portion of any lots owned by such owner and to, pursuant to Utah Code Annotated section 10-8-23, that area in front of the property to the curb line of the street. (Ord. 13-08, 3-13-2013; amd. Ord. 15-17, 7-22-2015; Ord. 19-10, 2-27-2019; Ord. 21-16, 4-18-2021)