(1)As used in this part:
(1)(a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
(1)(b) "Critical infrastructure materials operations" means the same as the term "critical infrastructure materials use" is defined in Section 10-20-701.
(1)(c) "Manufacturing facility" means a factory, plant, or other facility including its appurtenances, where the form of raw materials, processed materials, commodities, or other physical objects is converted or otherwise changed into other materials, commodities, or physical objects or where such materials, commodities, or physical objects are combined to form a new material, commodity, or physical object.
(1)(d) "Nuisance" means anything that is injurious to health, indecent, offensive to the senses, or an obstruction to th
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(1) As used in this part:
(1)(a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
(1)(b) "Critical infrastructure materials operations" means the same as the term "critical infrastructure materials use" is defined in Section 10-20-701.
(1)(c) "Manufacturing facility" means a factory, plant, or other facility including its appurtenances, where the form of raw materials, processed materials, commodities, or other physical objects is converted or otherwise changed into other materials, commodities, or physical objects or where such materials, commodities, or physical objects are combined to form a new material, commodity, or physical object.
(1)(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.
(1)(e) (1)(e)(i) "Possession 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.
(1)(e)(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.
(2) A nuisance may be the subject of an action.
(3) A nuisance may include the following:
(3)(a) drug houses and drug dealing as provided in Section 78B-6-1107;
(3)(b) gambling as provided in Title 76, Chapter 9, Part 14, Gambling;
(3)(c) criminal activity committed in concert with two or more individuals as provided in Section 76-3-203.1;
(3)(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;
(3)(e) criminal activity committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802;
(3)(f) party houses that frequently create conditions defined in Subsection (1)(d);
(3)(g) prostitution as provided in Title 76, Chapter 5d, Prostitution; or
(3)(h) the unlawful discharge of a firearm as provided in state or local law.
(4) A nuisance under this part includes:
(4)(a) tobacco smoke that drifts into a residential unit a person rents, leases, or owns, from another residential or commercial unit and the smoke:
(4)(a)(i) drifts in more than once in each of two or more consecutive seven-day periods; and
(4)(a)(ii) creates any of the conditions described in Subsection (1)(d); or
(4)(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:
(5)(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; or
(5)(b) a hotel or motel room.
(6) Subsection (4)(a) does not apply to a unit that is part of a timeshare development, as defined in Section 57-19-2, or subject to a timeshare interest as defined in Section 57-19-2.
(7) An action for nuisance against an agricultural operation is governed by Title 4, Chapter 44, Agricultural Operations Nuisances Act.