17-50-338. 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 17-50-338
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
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.
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 county records a notice for the internal accessory dwelling unit under Subsection 17-27a-526(6).
