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