20A-7-602.7. Referability to voters of local law other than land use law.
(1)
Within 20 days after the day on which an eligible voter files a referendum application under Section 20A-7-602 for a local law other than a land use law, counsel for the county, city, town, or metro township to which the referendum pertains shall:
Terms Used In Utah Code 20A-7-602.7
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Land use law: means a law of general applicability, enacted based on the weighing of broad, competing policy considerations, that relates to the use of land, including land use regulation, a general plan, a land use development code, an annexation ordinance, the rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or resolution. See Utah Code 20A-7-101
Legally referable to voters: means :
(a)
for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section 20A-7-502. See Utah Code 20A-7-101
Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
Local law: includes :
(i)
an ordinance;
(ii)
a resolution;
(iii)
a land use law;
(iv)
a land use regulation, as defined in Section 10-9a-103; or
(v)
other legislative action of a local legislative body. See Utah Code 20A-7-101
Local legislative body: means the legislative body of a county, city, town, or metro township. See Utah Code 20A-7-101
Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
Referendum application: means :
(a)
for a statewide referendum, an application described in Subsection 20A-7-302(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-302(2); or
(b)
for a local referendum, an application described in Subsection 20A-7-602(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-602(2). See Utah Code 20A-7-101
Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
review the referendum application to determine whether the proposed referendum is legally referable to voters; and
(b)
notify the first three sponsors, in writing, whether the proposed referendum is:
(i)
legally referable to voters; or
(ii)
rejected as not legally referable to voters.
(2)
For a local law other than a land use law, a proposed referendum is legally referable to voters unless:
(a)
the proposed referendum challenges an action that is administrative, rather than legislative, in nature;
(b)
the proposed referendum challenges more than one law passed by the local legislative body; or
(c)
the referendum application was not timely filed or does not comply with the requirements of this part.
(3)
After the end of the 20-day period described in Subsection (1), a county, city, town, or metro township may not, for a local law other than a land use law:
(a)
reject a proposed referendum as not legally referable to voters; or
(b)
except as provided in Subsection (4), challenge, in a legal action or otherwise, a proposed referendum on the grounds that the proposed referendum is not legally referable to voters.
(4)
(a)
If, under Subsection (1)(b)(ii), a county, city, town, or metro township rejects a proposed referendum concerning a local law other than a land use law, a sponsor of the proposed referendum may, within 10 days after the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision to:
(i)
the Supreme Court, by means of an extraordinary writ, if possible; or
(ii)
a district court, if the sponsor is prohibited from pursuing an extraordinary writ under Subsection (4)(a)(i).
(b)
Failure of a sponsor to timely challenge or appeal a rejection under Subsection (4)(a) terminates the referendum.
(5)
If, on a challenge or appeal, the court determines that the proposed referendum described in Subsection (4) is legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(3), or give the sponsors access to the website defined in Section 20A-21-101, within five days after the day on which the determination, and any challenge or appeal of the determination, is final.
