H.B. 343 Enrolled

NUISANCE CODE AMENDMENTS - SHOOTING RANGES
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Bill Wright
AN ACT RELATING TO NUISANCES; ENACTING PROVISIONS EXEMPTING EXISTING
SHOOTING RANGES UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR
ASSUMPTION OF THE RISK; AND PRESCRIBING WHEN A NUISANCE ACTION IS
PERMITTED.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
47-3-1, Utah Code Annotated 1953
47-3-2, Utah Code Annotated 1953
47-3-3, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 47-3-1 is enacted to read:
CHAPTER 3. SHOOTING RANGES
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.
Section 2. Section 47-3-2 is enacted to read:
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.
Section 3. Section 47-3-3 is enacted to read:

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.

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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."

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