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[Utah Code Table of Contents]
[TITLE 47. Table of Contents]
47-1-1 Declared a nuisance - Abatement.
Whoever shall erect, establish, maintain, use, own or
lease any building, structure or place, for the purpose of
lewdness, assignation or prostitution is guilty of nuisance,
and such building, structure or place, and the ground itself,
in or upon which such lewdness, assignation or prostitution
is conducted, permitted or carried on, and the furniture,
fixtures and musical instruments therein and the contents
thereof are declared a nuisance, and shall be enjoined and
abated as hereinafter provided.
1953
47-1-2 Injunction - Notice to owner of premises.
Whenever a nuisance as defined in this chapter is kept
or maintained, or exists, the county attorney or any citizen
of the county may maintain an action in equity in the name
of the state of Utah, upon the relation of such county attorney
or citizen, to perpetually enjoin such nuisance, the person
or persons conducting or maintaining the same and the owner
or agent of the building or ground upon which it exists;
provided, that when the owner or agent is not in the actual
possession of the premises he shall have, before an action
is brought under this chapter against him or affecting his
real estate, notice in writing of the existence and nature
of the nuisance, and he shall have a reasonable time after
service of such notice in which to abate the nuisance. In
such action the court, or a judge thereof, shall upon the
presentation of a complaint therefor alleging that the nuisance
complained of exists, allow a temporary writ of injunction
without bond, if it shall be made to appear to the satisfaction
of the court or judge that such nuisance exists, by evidence
in the form of affidavits, depositions, oral testimony or
otherwise, as the complainant may elect, unless the court
or judge, by previous order, shall have directed the form
and manner in which it shall be presented. Three days' notice
in writing shall be given the defendant of the hearing of
the application, and if then continued at his instance, the
writ as prayed for shall be granted as a matter of course.
When an injunction has been granted it shall be binding on
the defendant throughout the judicial district in which it
was issued, and any violation of the provisions of the injunction
herein provided for shall be a contempt as hereinafter provided.
1953
47-1-3 Evidence - Dismissal of action - Costs.
In such action evidence of the general reputation of the
place shall be admissible for the purpose of proving the
existence of the nuisance. If the complaint is filed by a
citizen, it shall not be dismissed except upon a sworn statement
made by the relator and his attorney setting forth the reasons
why the action should be dismissed, and the dismissal approved
by the county attorney in writing or in open court. If the
court is of the opinion that the action ought not to be dismissed,
it may direct the county attorney to prosecute the action
to judgment, and, if the action is continued for more than
one term of court, any citizen of the county or the county
attorney may be substituted for the relator and prosecute
the action to judgment. If the action is brought by a citizen
and the court finds there was no reasonable ground or cause
therefor, the costs may be taxed to such citizen.
1953
47-1-4 Violation of injunction - Proceedings for contempt.
In case of the violation of any injunction granted under
the provisions of this chapter, the court, or a judge thereof,
may summarily try and punish the offender. The proceedings
shall be commenced by filing with the clerk of the court
an information, under oath, setting out the facts constituting
the violation, upon which the court or judge shall cause
a warrant to issue, under which the defendant shall be arrested.
The trial may be had upon affidavits, or either party may
demand the production and oral examination of witnesses.
A party found guilty of contempt under this section is guilty
of a class B misdemeanor. A fine imposed shall be not less
than $200 and any imprisonment in the county jail shall be
not less than three nor more than six months.
1986
47-1-5 Order of abatement - Execution - Sale of personal property - Padlocking.
If the existence of the nuisance is established in an
action as provided in this chapter, an order of abatement
shall be entered as a part of the judgment in the case. The
order shall direct the removal from the building or place
of all fixtures, furniture, musical instruments, and movable
property used in conducting the nuisance, and shall direct
the sale thereof in the manner provided for the sale of chattels
under execution, and shall further direct the effective closing
of the building or place against its use for any purpose,
and the keeping of it so closed for a period of one year,
unless sooner released. If any person shall break and enter
or use a building, structure, or place so directed to be
closed, he shall be punished as for contempt as provided
in Section
47-1-4
. For removing and selling the movable property
the officer shall be entitled to charge and receive the same
fees as for levying upon and selling like property on execution;
and for closing the premises and keeping them closed a reasonable
sum shall be allowed by the court.
1993
47-1-6 Proceeds of sale - Disposition.
The proceeds of the sale of the personal property shall
be applied in payment of the costs of the action and abatement,
and the balance, if any, shall be paid to the defendant.
1953
47-1-7 Bond to secure abatement - Procedure.
If the owner appears and pays all costs of the proceeding
and files a bond, with sureties to be approved by the clerk,
in the full value of the property, to be ascertained by the
court, or in vacation by the clerk, auditor and treasurer
of the county, conditioned that he will immediately abate
the nuisance and prevent the same from being established
or kept therein within a period of one year thereafter, the
court or the judge may, if satisfied of his good faith, order
the premises that have been closed under the order of abatement
to be delivered to the owner, and the order of abatement
may be canceled so far as the same may relate to said property;
and, if the proceeding is an action in equity and such bond
is given and costs therein paid before judgment and order
of abatement, the action shall be thereby abated as to the
building only. The release of the property under the provisions
of this section shall not release it from any judgment, lien,
penalty or liability to which it may be subject by law.
1953
47-1-8 Permanent injunction - Fine.
Whenever a permanent injunction issues against any person
for maintaining a nuisance as provided, or against any owner
or agent of the building kept or used for the maintenance
of the nuisance, all parties found guilty of maintaining
the nuisance, or assisting to maintain the nuisance by furnishing
or letting the building for the maintenance thereof, or otherwise,
shall each be punished by a fine of not more than the maximum
fine for a class A misdemeanor. The payment of the fine does
not relieve the person or persons from any other penalties
provided by law.
1986
