Section 47-3-202 - [Renumbered from 47-3-3] When nuisance action permitted(1) A 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 or public 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 or a public 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 or public shooting 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 purposes of this section, noise generated by a shooting range or public 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 or public 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 or public shooting range. It can be anticipated that customary uses and activities at this shooting range or public 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 that may result from these uses and activities."
Renumbered from § 47-3-3 and amended by Chapter 155, 2013 General Session ,§ 4, eff. 3/26/2013.Enacted by Chapter 286, 1998 General Session