| (8) |
| (a) | "Public nuisance" means unlawfully committing an act or omitting to perform a duty and the act or duty:
| (i) | annoys, injures, or endangers the comfort, repose, health, or safety of three or more persons, regardless of the extent to which the annoyance, injury, or endangerment inflicted on the persons is unequal; |
| (ii) | offends public decency; |
| (iii) | unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, stream, canal, or basin, or a public park, square, street, or highway; |
| (iv) | is a private nuisance as defined in Section 78B-6a-101; or |
| (v) | renders three or more persons insecure in life or the use of property, regardless of the extent to which the effect inflicted on the persons is unequal. |
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| (b) | "Public nuisance" does not include:
| (i) | an activity conducted in the normal and ordinary course of an agricultural operation and conducted in accordance with sound agricultural practices, with the presumption that an agricultural operation undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, is operating within sound agricultural practices; |
| (ii) | an activity conducted in the normal and ordinary course of a critical infrastructure materials operation and conducted in accordance with sound critical infrastructure materials practices, with the presumption that a critical infrastructure materials operation undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, is operating within sound critical infrastructure materials practices; |
| (iii) | an activity normally associated with a migratory bird production area, that is conducted within a migratory bird production area, and is not in violation of state or federal law; |
| (iv) | an activity at a manufacturing facility if the manufacturing facility has a defense against a civil action for the activity under Section 78B-6a-402; |
| (v) | noise or noise pollution resulting from the operation or use of a shooting range if the shooting range:
| (A) |
| (I) | was established, constructed, or operated before the implementation of any noise ordinances, rules, or regulations; and |
| (II) | does not substantially and adversely affect public health or safety; or |
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| (B) |
| (I) | is in compliance with any noise control laws, ordinances, rules, or regulations that applied to the shooting range and the shooting range's 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; or |
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| (vi) | noise generated by a shooting range that is operated in accordance with nationally recognized standards and operating practices. |
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