78B-6-1107 (Effective 11/01/10) - Nuisance -- Drug houses and drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution -- Weapons -- Abatement by eviction.
78B-6-1107 (Effective 11/01/10). Nuisance -- Drug houses and drug dealing --Gambling -- Group criminal activity -- Party house -- Prostitution -- Weapons -- Abatementby eviction.
(1) Every building or place is a nuisance where:
(a) the unlawful sale, manufacture, service, storage, distribution, dispensing, oracquisition occurs of any controlled substance, precursor, or analog specified in Title 58, Chapter37, Utah Controlled Substances Act;
(b) gambling is permitted to be played, conducted, or dealt upon as prohibited in Title 76,Chapter 10, Part 11, Gambling, which creates the conditions of a nuisance as defined inSubsection 78B-6-1101(1);
(c) criminal activity is committed in concert with two or more persons as provided inSection 76-3-203.1;
(d) criminal activity is committed for the benefit of, at the direction of, or in associationwith any criminal street gang as defined in Section 76-9-802;
(e) criminal activity is committed to gain recognition, acceptance, membership, orincreased status with a criminal street gang as defined in Section 76-9-802;
(f) parties occur frequently which create the conditions of a nuisance as defined inSubsection 78B-6-1101(1);
(g) prostitution or promotion of prostitution is regularly carried on by one or morepersons as provided in Title 76, Chapter 10, Part 13, Prostitution; and
(h) a violation of Title 76, Chapter 10, Part 5, Weapons, occurs on the premises.
(2) It is a defense to nuisance under Subsection (1)(a) if the defendant can prove that thedefendant is lawfully entitled to possession of a controlled substance.
(3) Sections 78B-6-1108 through 78B-6-1114 govern only an abatement by eviction ofthe nuisance as defined in Subsection (1).
Amended by Chapter 193, 2010 General Session