76-10-806 - Action for abatement of public nuisance. - Utah Statutes

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Statutes > Utah > Title-76 > Chapter-10 > 76-10-806

76-10-806. Action for abatement of public nuisance.
The county attorney of the county where the public nuisance exists, upon direction of thecounty executive, or city attorney of the city where the public nuisance exists, upon direction ofthe board of city commissioners, or attorney general, upon direction of the governor, or any of theabove attorneys without the necessity of direction, is empowered to institute an action in the nameof the county, city, or state, as the case may be, to abate a public nuisance. The action shall bebrought in the district court of the district where the public nuisance exists and shall be in the formprescribed by the Rules of Civil Procedure of the State of Utah for injunctions, but none of theabove attorneys shall be required to execute a bond with respect to the action. If the action isinstituted, however, to abate the distribution or exhibition of material alleged to offend publicdecency, the action shall be in the form prescribed by the Rules of Civil Procedure of Utah forinjunctions, but no restraining order or injunction shall issue except upon notice to the personsought to be enjoined; and that person shall be entitled to a trial of the issues commencing withinthree days after filing of an answer to the complaint and a decision shall be rendered by the courtwithin two days after the conclusion of the trial. As used in this part, "distribute," "exhibit," and"material" mean the same as provided in Section 76-10-1201.

Amended by Chapter 227, 1993 General Session

State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-10 > 76-10-806

76-10-806. Action for abatement of public nuisance.
The county attorney of the county where the public nuisance exists, upon direction of thecounty executive, or city attorney of the city where the public nuisance exists, upon direction ofthe board of city commissioners, or attorney general, upon direction of the governor, or any of theabove attorneys without the necessity of direction, is empowered to institute an action in the nameof the county, city, or state, as the case may be, to abate a public nuisance. The action shall bebrought in the district court of the district where the public nuisance exists and shall be in the formprescribed by the Rules of Civil Procedure of the State of Utah for injunctions, but none of theabove attorneys shall be required to execute a bond with respect to the action. If the action isinstituted, however, to abate the distribution or exhibition of material alleged to offend publicdecency, the action shall be in the form prescribed by the Rules of Civil Procedure of Utah forinjunctions, but no restraining order or injunction shall issue except upon notice to the personsought to be enjoined; and that person shall be entitled to a trial of the issues commencing withinthree days after filing of an answer to the complaint and a decision shall be rendered by the courtwithin two days after the conclusion of the trial. As used in this part, "distribute," "exhibit," and"material" mean the same as provided in Section 76-10-1201.

Amended by Chapter 227, 1993 General Session

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State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-10 > 76-10-806

76-10-806. Action for abatement of public nuisance.
The county attorney of the county where the public nuisance exists, upon direction of thecounty executive, or city attorney of the city where the public nuisance exists, upon direction ofthe board of city commissioners, or attorney general, upon direction of the governor, or any of theabove attorneys without the necessity of direction, is empowered to institute an action in the nameof the county, city, or state, as the case may be, to abate a public nuisance. The action shall bebrought in the district court of the district where the public nuisance exists and shall be in the formprescribed by the Rules of Civil Procedure of the State of Utah for injunctions, but none of theabove attorneys shall be required to execute a bond with respect to the action. If the action isinstituted, however, to abate the distribution or exhibition of material alleged to offend publicdecency, the action shall be in the form prescribed by the Rules of Civil Procedure of Utah forinjunctions, but no restraining order or injunction shall issue except upon notice to the personsought to be enjoined; and that person shall be entitled to a trial of the issues commencing withinthree days after filing of an answer to the complaint and a decision shall be rendered by the courtwithin two days after the conclusion of the trial. As used in this part, "distribute," "exhibit," and"material" mean the same as provided in Section 76-10-1201.

Amended by Chapter 227, 1993 General Session