1     
LOCAL GOVERNMENT NUISANCE ORDINANCE REFORM

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jefferson Moss

5     
Senate Sponsor: Lincoln Fillmore

6     

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:
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
24     

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 [each] a municipality may impose a criminal penalty on
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 [or], by a term of imprisonment up to six
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 [all ordinances of] an ordinance adopted by the county
55     legislative body shall be as follows: "The County Legislative Body of ______________County
56     ordains as follows:".
57          [(2) Every ordinance shall be signed by the chair of the county legislative body and
58     attested by the clerk. On the passage of all ordinances the votes of the several members of the

59     county legislative body shall be entered on the minutes, and all ordinances shall be entered at
60     length in the ordinance book.]
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 [of each county adopting an ordinance] shall, before
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) [Ordinances establishing] If the county legislative body adopts an ordinance
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 [may be adopted], the county legislative body may adopt the
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) [Ordinances that] If, in the opinion of the county legislative body [are], an
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 [so provided] clearly stated in the
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 [so provides] clearly states the later effective date.
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.

121          [(b)] (c) When a penalty for a violation of an ordinance includes any possibility of
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.