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[Utah Code Table of Contents]
[TITLE 47. Table of Contents]
47-3-1 Definition.
As used in this chapter, "shooting range" or "range" means
an area designed and continuously operated under nationally
recognized standards and operating practices for the use
of rifles, shotguns, pistols, silhouettes, skeet, trap, black
powder, archery, or any other similar shooting activities.
1998
47-3-2 Assumption of risk.
Each person who participates in shooting at a shooting
range accepts the associated risks to the extent the risks
are obvious and inherent. Those risks include injuries that
may result from noise, discharge of projectile or shot, malfunction
of shooting equipment not owned by the shooting range, natural
variations in terrain, surface or subsurface snow or ice
conditions, bare spots, rocks, trees, and other forms of
natural growth or debris.
1998
47-3-3 When nuisance action permitted.
(1) Each state agency or political subdivision shall ensure that any of its rules or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition any shooting range that was established, constructed, or operated prior to the implementation of the rule or ordinance regarding public nuisance unless that activity or operation substantially and adversely affects public health or safety.
(2) A person who operates or uses a shooting range in this state is not subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the range if:
(a) the range:
(i) was established, constructed, or operated prior to the implementation of any noise ordinances, rules, or regulations; and
(ii) does not substantially and adversely affect public health or safety; or
(b) the range:
(i) is in compliance with any noise control laws, ordinances, rules, or regulations that applied to the range and its operation at the time of establishment, construction, or initial operation of the range; and
(ii) does not substantially and adversely affect public health or safety.
(3) For the purposes of this section, noise generated by a shooting range that is operated in accordance with nationally recognized standards and operating practices is not a public health nuisance.
(4) For any new subdivision development located in whole or in part within 1,000 feet of the boundary of any shooting range that was established, constructed, or operated prior to the development of the subdivision, the owner of the development shall provide on any plat filed with the county recorder the following notice:
"Shooting Range Area
This property is located in the vicinity of an established
shooting range. It can be anticipated that customary uses
and activities at this shooting range will be conducted now
and in the future. The use and enjoyment of this property
is expressly conditioned on acceptance of any annoyance or
inconvenience which may result from these uses and activities."
1998
