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
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
Statute: A law passed by a legislature.
(a)
pass all ordinances and rules and make all regulations, not repugnant to law, necessary for carrying into effect or discharging the powers and duties conferred by this title, and as are necessary and proper to provide for the safety, and preserve the health, promote the prosperity, improve the morals, peace, and good order, comfort, and convenience of the county and its inhabitants, and for the protection of property in the county;
(b)
enforce obedience to ordinances with fines or penalties as the county legislative body considers proper; and
(c)
pass ordinances to control air pollution.
(2)
(a)
Punishment imposed under Subsection (1)(b) shall be by fine, not to exceed the maximum fine for a class B misdemeanor under Section 76-3-301, imprisonment, or both fine and imprisonment.
(b)
Notwithstanding Subsection (2)(a), a county may not impose a criminal penalty greater than an infraction for a violation pertaining to an individual’s pet, as defined in Section 4-12-102, or an individual’s use of the individual’s residence unless:
(i)
the violation:
(A)
is a nuisance as defined in Subsection 78B-6-1101(1); and
(B)
threatens the health, safety, or welfare of the individual or an identifiable third party; or
(ii)
the county has imposed a fine on the individual for a violation that involves the same residence or pet on three previous occasions within the past 12 months.
When a penalty for a violation of an ordinance includes any possibility of imprisonment, the county legislative body shall include in the ordinance a statement that the county is required, under Section 78B-22-301, to provide for indigent defense services, as that term is defined in Section 78B-22-102.
(e)
Notwithstanding any other provision of law, the following may issue a criminal citation for a violation that is punished as a misdemeanor if the violation threatens the health and safety of an animal or the public:
a law enforcement officer described in Section 53-13-103; or
(iii)
an animal control officer described in Section 11-46-102.
(3)
(a)
Except as specifically authorized by statute, the county legislative body may not impose a civil penalty for the violation of a county traffic ordinance.
(b)
Subsection (3)(a) does not apply to an ordinance regulating the parking of vehicles on a highway.
(4)
A county may not issue more than one infraction within a 14-day period for a violation described in Subsection (2)(b) that is ongoing.
