10-8-85.4.  Ordinances regarding short-term rentals — Prohibition on ordinances restricting speech on short-term rental websites.

(1)  As used in this section:

Terms Used In Utah Code 10-8-85.4

  • 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
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • (a)  “Internal accessory dwelling unit” means the same as that term is defined in Section 10-9a-511.5.

    (b)  “Residential unit” means a residential structure or any portion of a residential structure that is occupied as a residence.

    (c)  “Short-term rental” means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.

    (d)  “Short-term rental website” means a website that:

    (i)  allows a person to offer a short-term rental to one or more prospective renters; and

    (ii)  facilitates the renting of, and payment for, a short-term rental.

    (2)  Notwithstanding Section 10-9a-501 or Subsection 10-9a-503(1), a legislative body may not:

    (a)  enact or enforce an ordinance that prohibits an individual from listing or offering a short-term rental on a short-term rental website; or

    (b)  use an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website.

    (3)  Subsection (2) does not apply to an individual who lists or offers an internal accessory dwelling unit as a short-term rental on a short-term rental website if the municipality records a notice for the internal accessory dwelling unit under Subsection 10-9a-530(6).

    Amended by Chapter 102, 2021 General Session