78B-6-1107. Nuisance -- Drug
houses and drug dealing -- Gambling -- Group criminal activity -- Party house
-- Prostitution -- Weapons -- Abatement by eviction.
(1) Every building or place is a nuisance where:
(a) the unlawful sale, manufacture, service, storage,
distribution, dispensing, or acquisition occurs of any controlled substance,
precursor, or analog specified in Title 58, Chapter 37, 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 in Subsection 78B-6-1101(1);
(c) criminal activity is committed in concert with two
or more persons as provided in Section 76-3-203.1;
(d) criminal activity is committed for the benefit of,
at the direction of, or in association with any criminal street gang as defined
in Section 76-9-802;
(e) criminal activity is committed to gain
recognition, acceptance, membership, or increased 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 in Subsection 78B-6-1101(1);
(g) prostitution or promotion of prostitution is
regularly carried on by one or more persons 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 the defendant is lawfully entitled to possession
of a controlled substance.
(3) Sections 78B-6-1108 through 78B-6-1114 govern
only an abatement by eviction of the nuisance as defined in Subsection (1).
Amended by Chapter 193, 2010 General Session