§ 76-9-1306 — Action for abatement of public nuisance.

(1) (1)(a) As used in this section:
(1)(a)(i) "Distribute" means the same as that term is defined in Section 76-5c-101.
(1)(a)(ii) "Exhibit" means the same as that term is defined in Section 76-5c-101.
(1)(a)(iii) "Material" means the same as that term is defined in Section 76-5c-101.
(1)(b) Terms defined in Sections 76-1-101.1 and 76-9-1301 apply to this section.
(2) The county attorney of the county in which the public nuisance exists, upon direction of the county executive, or city attorney of the city in which the public nuisance exists, upon direction of the board of city commissioners, or attorney general, upon direction of the governor, or any of the above attorneys without the necessity of direction, is empowered to institute an action in the name of the county, city, or state, as the case may be, to abate a public nuisance.
(3) The action shall be brought in the court of the district in which the public nuisance exists and shall be in the form prescribed by the Rules of Civil Procedure of the State of Utah for injunctions, but none of the above attorneys shall be required to execute a bond with respect to the action.
(4) If the action is instituted, however, to abate the distribution or exhibition of material alleged to offend public decency, the action shall be in the form prescribed by the Rules of Civil Procedure of Utah for injunctions, but no restraining order or injunction shall issue except upon notice to the person sought to be enjoined; and that person shall be entitled to a trial of the issues commencing within three days after filing of an answer to the complaint and a decision shall be rendered by the court within two days after the conclusion of the trial.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session