Utah Code 17-34-1. Counties may provide municipal services — Limitation — First-class counties to provide certain services — Counties allowed to provide certain services in recreational areas
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a)
the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
“Greater than class C radioactive waste” has the same meaning as in Section 19-3-303.
(b)
“High-level nuclear waste” has the same meaning as in Section 19-3-303.
(c)
“Municipal-type services” means:
(i)
fire protection service;
(ii)
waste and garbage collection and disposal;
(iii)
planning and zoning;
(iv)
street lighting;
(v)
animal services;
(vi)
storm drains;
(vii)
traffic engineering;
(viii)
code enforcement;
(ix)
business licensing;
(x)
building permits and inspections;
(xi)
in a county of the first class:
(A)
advanced life support and paramedic services; and
(B)
detective investigative services; and
(xii)
all other services and functions that are required by law to be budgeted, appropriated, and accounted for from a municipal services fund or a municipal capital projects fund as defined under Chapter 36, Uniform Fiscal Procedures Act for Counties.
(d)
“Placement” has the same meaning as in Section 19-3-303.
(e)
“Storage facility” has the same meaning as in Section 19-3-303.
(f)
“Transfer facility” has the same meaning as in Section 19-3-303.
(2)
A county may:
(a)
provide municipal-type services to areas of the county outside the limits of cities and towns without providing the same services to cities or towns; and
(b)
fund those services by:
(i)
levying a tax on taxable property in the county outside the limits of cities and towns;
(ii)
charging a service charge or fee to persons benefitting from the municipal-type services; or
(iii)
providing funds to a municipal services district in accordance with Section 17B-2a-1109.
(3)
A county may not:
(a)
provide, contract to provide, or agree in any manner to provide municipal-type services, as these services are defined in Section 19-3-303, to any area under consideration for a storage facility or transfer facility for the placement of high-level nuclear waste, or greater than class C radioactive waste; or
(b)
seek to fund services for these facilities by:
(i)
levying a tax; or
(ii)
charging a service charge or fee to persons benefitting from the municipal-type services.
(4)
Each county of the first class shall provide to the area of the county outside the limits of cities and towns:
(a)
advanced life support and paramedic services; and
(b)
detective investigative services.
(5)
(a)
A county may provide fire, paramedic, and police protection services in any area of the county outside the limits of cities and towns that is designated as a recreational area in accordance with the provisions of this Subsection (5).
(b)
A county legislative body may designate any area of the county outside the limits of cities and towns as a recreational area if:
(i)
the area has fewer than 1,500 residents and is primarily used for recreational purposes, including canyons, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas; and
(ii)
the county legislative body makes a finding that the recreational area is used by residents of the county who live both inside and outside the limits of cities and towns.
(c)
Fire, paramedic, and police protection services needed to primarily serve those involved in the recreation activities in areas designated as recreational areas by the county legislative body in accordance with Subsection (5)(b) may be funded from the county general fund.
(d)
A county legislative body may determine that fire, paramedic, and police protection services within a municipality that is located in an area designated as a recreational area, in accordance with this Subsection (5), may be funded with county general funds if the county legislative body makes a finding that a disproportionate share of public safety service needs within the municipality are generated by residents of the county who live both inside and outside the limits of cities and towns.
