7 LONG TITLE
8 General Description:
9 This bill addresses who may enforce a local ordinance through issuing a citation.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends a provision that prohibits certain municipal officers and officials from
13 enforcing a local ordinance through issuing a citation to except violations regarding
15 ▸ clarifies that county and municipal animal control officers may issue a citation; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
20 This bill provides a special effective date.
21 Utah Code Sections Affected:
23 10-3-703 (Effective 05/01/18), as last amended by Laws of Utah 2017, Chapter 314
24 77-7-18, as last amended by Laws of Utah 2012, Chapter 322
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-3-703 (Effective 05/01/18) is amended to read:
28 10-3-703 (Effective 05/01/18). Criminal penalties for violation of ordinance --
29 Civil penalties prohibited -- Exceptions.
30 (1) The governing body of each municipality may impose a criminal penalty for the
31 violation of any municipal ordinance by a fine not to exceed the maximum class B
32 misdemeanor fine under Section 76-3-301 or by a term of imprisonment up to six months, or
33 by both the fine and term of imprisonment.
34 (2) (a) Except as provided in Subsection (2)(b), the governing body may prescribe a
35 civil penalty for the violation of any municipal ordinance by a fine not to exceed the maximum
36 class B misdemeanor fine under Section 76-3-301.
37 (b) A municipality may not impose a civil penalty and adjudication for the violation of
38 a municipal moving traffic ordinance.
39 (3) (a) [
40 officer or official who is not a law enforcement officer described in [
41 53-13-103 or a special function officer described in Section 53-13-105 may not issue a criminal
42 citation for a violation that is punished as a misdemeanor.
43 (b) Notwithstanding Subsection (3)(a), the following may issue a criminal citation for a
44 violation that is punished as a misdemeanor if the violation threatens the health and safety of an
45 animal or the public:
46 (i) a fire officer described in Section 53-7-102; or
47 (ii) an animal control officer described in Section 11-46-102.
48 Section 2. Section 77-7-18 is amended to read:
49 77-7-18. Citation on misdemeanor or infraction charge.
50 (1) Any person subject to arrest or prosecution on a misdemeanor or infraction charge
51 may be issued and delivered a citation that requires the person to appear at the court of the
52 magistrate with territorial jurisdiction.
53 (2) The following may issue the citation [
57 of the law;
60 under Title 17D, Chapter 1, Special Service District Act, who is authorized to provide animal
61 control service; and
64 Section 3. Effective date.
65 If approved by two-thirds of all the members elected to each house, this bill takes effect
66 on May 1, 2018.