10-3-913.  Authority of chief of police — Oversight.

(1)  The chief of police has the same authority as the sheriff within the boundaries of the municipality of appointment. The chief has authority to:

Terms Used In Utah Code 10-3-913

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Contract: A legal written agreement that becomes binding when signed.
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • (a)  suppress riots, disturbances, and breaches of the peace;

    (b)  apprehend all persons violating state laws or city ordinances;

    (c)  diligently discharge his duties and enforce all ordinances of the city to preserve the peace, good order, and protection of the rights and property of all persons;

    (d)  attend the municipal justice court located within the city when required, provide security for the court, and obey its orders and directions; and

    (e)  select a representative of law enforcement to serve as a member of a child protection team, as defined in Section 80-1-102.

    (2)  This section is not a limitation of a police chief’s statewide authority as otherwise provided by law.

    (3)  The chief of police shall adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender.

    (4) 

    (a)  Notwithstanding Sections 10-3-918 and 10-3-919, a municipality may not establish a board, committee, or other entity that:

    (i)  has authority independent of the chief of police; and

    (ii) 

    (A)  has authority to overrule a hiring or appointment proposal of the chief of police;

    (B)  is required to review or approve a police department’s rules, regulations, policies, or procedures in order for the rules, regulations, policies, or procedures to take effect;

    (C)  has authority to veto a new policy, or strike down an existing policy, established under the authority of the chief of police;

    (D)  is required to review or approve a police department’s budget in order for the budget to take effect; or

    (E)  has authority to review or approve a contract the police department makes with a police union or other organization.

    (b)  Nothing in this Subsection (4):

    (i)  limits the authority the Utah Code provides over the chief of police;

    (ii)  prohibits the municipal council or chief executive officer from taking a lawful action described in Subsection (4)(a)(ii) that is allowed by law; or

    (iii)  limits the authority of a civil service commission established in accordance with 10.

    (5)  Subject to Subsection (4), a municipality may establish a board, committee, or other entity that relates to the provision of law enforcement services and that has authority independent of the chief of police if the municipality:

    (a)  directly appoints the board, committee, or other entity’s members; and

    (b)  provides direct oversight of the board, committee, or other entity.

    Amended by Chapter 335, 2022 General Session