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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to municipal and county ordinances.
10 Highlighted Provisions:
11 This bill:
12 ▸ limits the circumstances under which a municipality or county may impose a
13 criminal penalty for a violation of an ordinance; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 10-3-703, as last amended by Laws of Utah 2018, Chapter 379
22 17-53-208, as last amended by Laws of Utah 2009, Chapter 388
23 17-53-223, as last amended by Laws of Utah 2019, Chapter 326
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 10-3-703 is amended to read:
27 10-3-703. Criminal penalties for violation of ordinance -- Civil penalties
28 prohibited -- Exceptions.
29 (1) (a) The governing body of [
30 the violation of any municipal ordinance by a fine not to exceed the maximum class B
31 misdemeanor fine under Section 76-3-301 [
32 by both the fine and term of imprisonment.
33 (b) Notwithstanding Subsection (1)(a), a municipality may not impose a criminal
34 penalty greater than an infraction for a violation pertaining to an individual's pet, as defined in
35 Section 4-12-102, or an individual's use of the individual's residence unless:
36 (i) the violation:
37 (A) is a nuisance as defined in Subsection 78B-6-1101(1); and
38 (B) threatens the health, safety, or welfare of the individual or an identifiable third
39 party; or
40 (ii) the municipality has imposed a fine on the individual for a violation that involves
41 the same residence or pet on three previous occasions within the past 12 months.
42 (c) Subsection (1)(b) does not apply to municipal enforcement of a building code or
43 fire code ordinance in accordance with Title 15A, State Construction and Fire Codes Act.
44 (2) (a) Except as provided in Subsection (2)(b), the governing body may prescribe a
45 civil penalty for the violation of any municipal ordinance by a fine not to exceed the maximum
46 class B misdemeanor fine under Section 76-3-301.
47 (b) A municipality may not impose a civil penalty and adjudication for the violation of
48 a municipal moving traffic ordinance.
49 (3) (a) Except as provided in Subsection (3)(b) or Section 77-7-18, a municipal officer
50 or official who is not a law enforcement officer described in Section 53-13-103 or a special
51 function officer described in Section 53-13-105 may not issue a criminal citation for a violation
52 that is punished as a misdemeanor.
53 (b) Notwithstanding Subsection (1) or (3)(a), the following may issue a criminal
54 citation for a violation that is punished as a misdemeanor if the violation threatens the health
55 and safety of an animal or the public:
56 (i) a fire officer described in Section 53-7-102; or
57 (ii) an animal control officer described in Section 11-46-102.
58 (4) A municipality may not issue more than one infraction within a 14-day time period
59 for a violation described in Subsection (1)(b) that is ongoing.
60 Section 2. Section 17-53-208 is amended to read:
61 17-53-208. Ordinances -- Effective dates -- Publication -- Adoption of ordinances
62 printed in book form -- Review of nuisance ordinances.
63 (1) The enacting clause of [
64 legislative body shall be as follows: "The County Legislative Body of ______________County
65 ordains as follows:".
66 [
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70 (2) (a) The chair of the county legislative body shall sign, and the county clerk shall
71 attest to, each ordinance.
72 (b) If the county legislative body votes to adopt an ordinance, county staff shall:
73 (i) record the vote of each county legislative body member in attendance and enter each
74 vote in the minutes of the meeting; and
75 (ii) enter the full text of the adopted ordinance in the county ordinance book.
76 (3) (a) No ordinance passed by the county legislative body may take effect within less
77 than 15 days after its passage.
78 (b) The county legislative body [
79 the ordinance may take effect:
80 (i) deposit a copy of the ordinance in the office of the county clerk; and
81 (ii) (A) publish a short summary of the ordinance, together with a statement that a
82 complete copy of the ordinance is available at the county clerk's office and with the name of the
83 members voting for and against the ordinance:
84 (I) for at least one publication in:
85 (Aa) a newspaper published in and having general circulation in the county, if there is
86 one; or
87 (Bb) if there is none published in the county, in a newspaper of general circulation
88 within the county; and
89 (II) as required in Section 45-1-101; or
90 (B) post a complete copy of the ordinance in nine public places within the county.
91 (4) Any ordinance printed by authority of the county legislative body in book form or
92 electronic media, or any general revision of county ordinances printed in book form or
93 electronic media, may be adopted by an ordinance making reference to the printed ordinance or
94 revision if a copy of the ordinance or revision is filed in the office of the county clerk at the
95 time of adoption for use and examination by the public.
96 (5) [
97 establishing rules and regulations, printed as a code in book form or electronic media, for the
98 construction of buildings, the installation of plumbing, the installation of electric wiring, or
99 other related or similar work [
100 ordinance by reference to the code book if a copy of the code book is filed in the office of the
101 county clerk at the time of the adoption of the ordinance for use and examination by the public.
102 (6) [
103 ordinance is necessary for the immediate preservation of the peace, health, or safety of the
104 county and the county's inhabitants, the ordinance may, if [
105 ordinance, take effect immediately upon publication in one issue of a newspaper published in
106 and having general circulation in the county, if there is one, and if there is none published in
107 the county, then immediately after posting at the courthouse door.
108 (7) An ordinance may take effect at a later date than provided in this section, if the
109 ordinance [
110 (8) An order entered in the minutes of the county legislative body that an ordinance has
111 been duly published or posted shall be prima facie proof of the publication or posting.
112 Section 3. Section 17-53-223 is amended to read:
113 17-53-223. Ordinances -- Power to enact -- Penalty for violation.
114 (1) A county legislative body may:
115 (a) pass all ordinances and rules and make all regulations, not repugnant to law,
116 necessary for carrying into effect or discharging the powers and duties conferred by this title,
117 and as are necessary and proper to provide for the safety, and preserve the health, promote the
118 prosperity, improve the morals, peace, and good order, comfort, and convenience of the county
119 and its inhabitants, and for the protection of property in the county;
120 (b) enforce obedience to ordinances with fines or penalties as the county legislative
121 body considers proper; and
122 (c) pass ordinances to control air pollution.
123 (2) (a) Punishment imposed under Subsection (1)(b) shall be by fine, not to exceed the
124 maximum fine for a class B misdemeanor under Section 76-3-301, imprisonment, or both fine
125 and imprisonment.
126 (b) Notwithstanding Subsection (2)(a), a county may not impose a criminal penalty
127 greater than an infraction for a violation pertaining to an individual's pet, as defined in Section
128 4-12-102, or an individual's use of the individual's residence unless:
129 (i) the violation:
130 (A) is a nuisance as defined in Subsection 78B-6-1101(1); and
131 (B) threatens the health, safety, or welfare of the individual or an identifiable third
132 party; or
133 (ii) the county has imposed a fine on the individual for a violation that involves the
134 same residence or pet on three previous occasions within the past 12 months.
135 (c) Subsection (2)(b) does not apply to county enforcement of a building code or fire
136 code ordinance in accordance with Title 15A, State Construction and Fire Codes Act.
137 [
138 imprisonment, the county legislative body shall include in the ordinance a statement that the
139 county is required, under Section 78B-22-301, to provide for indigent defense services, as that
140 term is defined in Section 78B-22-102.
141 (e) Notwithstanding any other provision of law, the following may issue a criminal
142 citation for a violation that is punished as a misdemeanor if the violation threatens the health
143 and safety of an animal or the public:
144 (i) a fire officer described in Section 53-7-102;
145 (ii) a law enforcement officer described in Section 53-13-103; or
146 (iii) an animal control officer described in Section 11-46-102.
147 (3) (a) Except as specifically authorized by statute, the county legislative body may not
148 impose a civil penalty for the violation of a county traffic ordinance.
149 (b) Subsection (3)(a) does not apply to an ordinance regulating the parking of vehicles
150 on a highway.
151 (4) A county may not issue more than one infraction within a 14-day period for a
152 violation described in Subsection (2)(b) that is ongoing.