Part 1 Short Title, Definitions, Repealer, and Scope of Code 10-1-101 – 10-1-118
Part 2 Municipalities 10-1-201 – 10-1-205
Part 3 Municipal Energy Sales and Use Tax Act 10-1-301 – 10-1-310
Part 4 Municipal Telecommunications License Tax Act 10-1-401 – 10-1-410

Terms Used In Utah Code > Title 10 > Chapter 1 - General Provisions

  • Accessory dwelling unit: means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. See Utah Code 10-9a-103
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adversely affected party: means a person other than a land use applicant who:
    (a) owns real property adjoining the property that is the subject of a land use application or land use decision; or
    (b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 10-9a-103
  • Advertisement: means any written, oral, or graphic statement or representation made by a supplier in connection with the solicitation of business. See Utah Code 13-11a-2
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if:
    (a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
    (b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
    (c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103
  • Affected owner: means the owner of real property that is:
    (a) a single project;
    (b) the subject of a land use approval that sponsors of a referendum timely challenged in accordance with Subsection 20A-7-601(6); and
    (c) determined to be legally referable under Section 20A-7-602. See Utah Code 10-9a-103
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means any administrative unit of Utah's state government or local government. See Utah Code 9-8-802
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Audit: means a review by a supplier of a dealer's warranty claims records. See Utah Code 13-14b-102
  • Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
  • Authority jurisdictional land: means land within the authority boundary delineated:
    (a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Billboard: means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. See Utah Code 10-9a-103
  • Breastfeeding: includes lactation. See Utah Code 13-7a-102
  • Budget: means a plan of financial operations for a fiscal period which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them. See Utah Code 10-6-106
  • Business enterprise: means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business. See Utah Code 13-23-2
  • Buyer: means an individual who is solicited to purchase or who purchases the services of a credit services organization. See Utah Code 13-21-2
  • Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
  • Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
  • Charitable purpose: means any benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective or for the benefit of a public safety, law enforcement, or firefighter fraternal association. See Utah Code 13-22-2
  • Charitable sales promotion: means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or purpose. See Utah Code 13-22-2
  • Charitable solicitation: means any request directly or indirectly for money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable purpose. See Utah Code 13-11-3
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Charter school: means :
    (i) an operating charter school;
    (ii) a charter school applicant that a charter school authorizer approves in accordance with 3; or
    (iii) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 10-9a-103
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • clearly and conspicuously disclose: means :
    (a) in the print media:
    (i) to state in typeface that is sufficiently bold to be obviously seen;
    (ii) to state in type size of at least 10 point type for a 14" x 23" document, and, in larger documents, of a type size of proportionately the same size; and
    (iii) to place in the text so as to be obviously seen;
    (b) in radio advertising, to verbally state in the same volume as that used in the advertisement;
    (c) in television advertising, the method for print media or radio advertising is acceptable unless contrary to other governing laws. See Utah Code 13-11a-2
  • Commercial co-venturer: means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for a charitable organization or purpose. See Utah Code 13-22-2
  • Commission: means the State Tax Commission. See Utah Code 10-1-303
  • Commission: means the State Tax Commission. See Utah Code 10-1-402
  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • Commissioner: means a member of the commission. See Utah Code 54-2-1
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conditional use: means a land use that, because of the unique characteristics or potential impact of the land use on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. See Utah Code 10-9a-103
  • Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:
    (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
    (b) Utah Constitution Article I, Section 22. See Utah Code 10-9a-103
  • Consumer: means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Section 13-20-5. See Utah Code 13-20-2
  • Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2
  • Consumer transaction: includes :
    (i) any of the following with respect to a transfer or disposition described in Subsection (2)(a):
    (A) an offer;
    (B) a solicitation;
    (C) an agreement; or
    (D) performance of an agreement; or
    (ii) a charitable solicitation. See Utah Code 13-11-3
  • Contiguous: means :
    (a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
    (b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contractual franchise fee: means :
    (a) a fee:
    (i) provided for in a franchise agreement; and
    (ii) that is consideration for the franchise agreement; or
    (b) 
    (i) a fee similar to Subsection (2)(a); or
    (ii) any combination of Subsections (2)(a) and (b). See Utah Code 10-1-303
  • Contribution: means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following:
    (i) a gift, subscription, loan, advance, or deposit of money or anything of value;
    (ii) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or
    (iii) fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. See Utah Code 13-22-2
  • Contributor: means a donor, pledgor, purchaser, or other person who makes a contribution. See Utah Code 13-22-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit reporting agency: means a person who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third persons. See Utah Code 13-21-2
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Credit services organization: means a person who represents that the person or an employee is a debt professional or credit counselor, or, with respect to the extension of credit by others, sells, provides, or performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
    (i) improving a buyer's credit record, history, or rating;
    (ii) providing advice, assistance, instruction, or instructional materials to a buyer with regard to Subsection (3)(a)(i); or
    (iii) debt reduction or debt management plans. See Utah Code 13-21-2
  • Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 10-9a-901
  • Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 10-9a-901
  • Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
    (a) owns, controls, or manages a critical infrastructure materials operations; and
    (b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 10-9a-901
  • Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 10-9a-103
  • Current net price: means the price charged to a dealer for repair parts as listed in the printed price list or catalog or invoice of the supplier in effect at the time a warranty claim is submitted. See Utah Code 13-14b-102
  • customer: means the person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract. See Utah Code 10-1-402
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • De minimis amount: means an amount of taxable energy that does not exceed the greater of:
    (a) 5% of the energy supplier's estimated total Utah gross receipts from sales of property or services; or
    (b) $10,000. See Utah Code 10-1-303
  • dealer: means a person or any other entity having a dealer agreement for selling and retailing:
    (a) agricultural equipment;
    (b) dairy and farmstead mechanization equipment;
    (c) construction, utility, and industrial equipment;
    (d) outdoor power equipment;
    (e) lawn and garden equipment; or
    (f) attachments or repair parts for equipment listed in Subsections (4)(a) through (e). See Utah Code 13-14b-102
  • Dealer agreement: means an oral or written contract or an agreement of definite or indefinite duration, between a supplier and an equipment dealer that authorizes or requires the equipment dealer to perform services or supply parts under a warranty, or to do both. See Utah Code 13-14b-102
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delivered value: means the fair market value of the taxable energy delivered for sale or use in the municipality and includes:
    (i) the value of the energy itself; and
    (ii) any transportation, freight, customer demand charges, services charges, or other costs typically incurred in providing taxable energy in usable form to each class of customer in the municipality. See Utah Code 10-1-303
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
  • Dependent: A person dependent for support upon another.
  • Depository institution: is a s defined in Section 7-1-103. See Utah Code 13-5a-102
  • Development: means :
    (a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
    (b) the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102
  • Development activity: means :
    (a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;
    (b) any change in use of a building or structure that creates additional demand and need for public facilities; or
    (c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 10-9a-103
  • Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103
  • Devise: To gift property by will.
  • Direct charge: means a charge, fee, assessment, or amount, other than a property tax, that a political subdivision charges to a property owner. See Utah Code 11-60-102
  • Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2
  • Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 10-9a-103
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributor: means any person engaged in the business of renting, selling or licensing motion pictures to exhibitors. See Utah Code 13-13-2
  • Division: means the Division of Consumer Protection. See Utah Code 13-10a-2
  • Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
  • Division: means the Division of Consumer Protection. See Utah Code 13-23-2
  • Division: means the Division of State History. See Utah Code 9-8-701
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible customer: means a person who:
    (a) on December 31, 2013:
    (i) was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and
    (ii) owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and
    (b) produces electricity:
    (i) from a qualifying power production facility for sale to a public utility in this state;
    (ii) primarily for the eligible customer's own use; or
    (iii) for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a political subdivision. See Utah Code 11-57-102
  • Enclosed mobile business: means a business that maintains ongoing mobility and of which the receipt of goods or services offered and point of sales occurs within an enclosed vehicle, an enclosed trailer, or an enclosed mobile structure. See Utah Code 11-56-102
  • End user: means the person who uses a telecommunications service. See Utah Code 10-1-402
  • Energy supplier: means a person supplying taxable energy, except that the commission may by rule exclude from this definition a person supplying a de minimis amount of taxable energy. See Utah Code 10-1-303
  • Enforcing authority: means the Division of Consumer Protection. See Utah Code 13-11-3
  • Enterprise regulated by the state: means :
    (a) an institution subject to regulation under Title 70C, Utah Consumer Credit Code;
    (b) a place of business that sells an alcoholic product at retail as provided in Title 32B, Alcoholic Beverage Control Act;
    (c) an insurer regulated by Title 31A, Insurance Code; and
    (d) a public utility subject to regulation under Title 54, Public Utilities. See Utah Code 13-7-2
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Event permit: means a permit that a political subdivision issues to the organizer of a mobile business event located on public property. See Utah Code 11-56-102
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Exhibitor: means any person engaged in the business of operating a theatre in this state. See Utah Code 13-13-2
  • Expressive activity: means :
    (a) peacefully assembling, protesting, or speaking;
    (b) distributing literature;
    (c) carrying a sign; or
    (d) signature gathering or circulating a petition. See Utah Code 11-61-102
  • Extension of credit: means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. See Utah Code 13-21-2
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Final judgment: means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired. See Utah Code 13-11-3
  • Financial officer: means the mayor in the council-mayor optional form of government or the city official as authorized by Section 10-6-158. See Utah Code 10-6-106
  • Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 10-9a-103
  • Fiscal period: means the annual or biennial period for accounting for fiscal operations in each city. See Utah Code 10-6-106
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed: means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied in the recording or other tangible medium of expression is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. See Utah Code 13-10-3
  • Flood plain: means land that:
    (a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or
    (b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 10-9a-103
  • Food cart: means a cart:
    (i) that is not motorized; and
    (ii) that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption. See Utah Code 11-56-102
  • Food truck: means a fully encased food service establishment:
    (i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
    (ii) from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption. See Utah Code 11-56-102
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Franchise agreement: means a franchise or an ordinance, contract, or agreement granting a franchise. See Utah Code 10-1-303
  • Franchise tax: means :
    (a) a franchise tax;
    (b) a tax similar to a franchise tax; or
    (c) any combination of Subsections (7)(a) and (b). See Utah Code 10-1-303
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that:
    (a) gas is made or produced on, and distributed by the maker or producer through, private property:
    (i) solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and
    (ii) not for sale to others;
    (b) gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or
    (c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1
  • General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
  • Geologic hazard: means :
    (a) a surface fault rupture;
    (b) shallow groundwater;
    (c) liquefaction;
    (d) a landslide;
    (e) a debris flow;
    (f) unstable soil;
    (g) a rock fall; or
    (h) any other geologic condition that presents a risk:
    (i) to life;
    (ii) of substantial loss of real property; or
    (iii) of substantial damage to real property. See Utah Code 10-9a-103
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods and services: means all items which may be the subject of a sales transaction. See Utah Code 13-11a-2
  • Governing body: means a city council, or city commission, as the case may be, but the authority to make any appointment to any position created by this chapter is vested in the mayor in the council-mayor optional form of government. See Utah Code 10-6-106
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • Gross receipts from telecommunications service: includes a charge necessary to complete a sale of a telecommunications service. See Utah Code 10-1-402
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • hazardous materials: means the same as that term is defined in Section 19-6-902. See Utah Code 10-11-1
  • Health department permit: means a document that a local health department issues to authorize a mobile business to operate within the jurisdiction of the local health department. See Utah Code 11-56-102
  • Health spa: means a business enterprise that provides access to a facility:
    (i) for a charge or a fee; and
    (ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
  • Health spa facility: means a facility to which a business entity provides access:
    (a) for a charge or a fee; and
    (b) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
  • Health spa service: includes a personal training service. See Utah Code 13-23-2
  • Heat corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any heating plant for public service within this state. See Utah Code 54-2-1
  • Highway: includes :Utah Code 68-3-12.5
  • Historic preservation authority: means a person, board, commission, or other body designated by a legislative body to:
    (a) recommend land use regulations to preserve local historic districts or areas; and
    (b) administer local historic preservation land use regulations within a local historic district or area. See Utah Code 10-9a-103
  • Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other utility system. See Utah Code 10-9a-103
  • Ice cream truck: means a fully encased food service establishment:
    (i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport;
    (ii) from which a vendor, from within the frame of the vehicle, serves ice cream;
    (iii) that attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and
    (iv) that may stop to serve ice cream at the signal of a patron. See Utah Code 11-56-102
  • Identical plans: means building plans submitted to a municipality that:
    (a) are clearly marked as "identical plans";
    (b) are substantially identical to building plans that were previously submitted to and reviewed and approved by the municipality; and
    (c) describe a building that:
    (i) is located on land zoned the same as the land on which the building described in the previously approved plans is located;
    (ii) is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans;
    (iii) has a floor plan identical to the building plan previously submitted to and reviewed and approved by the municipality; and
    (iv) does not require any additional engineering or analysis. See Utah Code 10-9a-103
  • Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. See Utah Code 10-9a-103
  • Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Utah Code 13-24-2
  • Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
    (a) recording a subdivision plat; or
    (b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 10-9a-103
  • Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
    (a) complies with the municipality's written standards for design, materials, and workmanship; and
    (b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 10-9a-103
  • Improvement warranty period: means a period:
    (a) no later than one year after a municipality's acceptance of required landscaping; or
    (b) no later than one year after a municipality's acceptance of required infrastructure, unless the municipality:
    (i) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and
    (ii) has substantial evidence, on record:
    (A) of prior poor performance by the applicant; or
    (B) that the area upon which the infrastructure will be constructed contains suspect soil and the municipality has not otherwise required the applicant to mitigate the suspect soil. See Utah Code 10-9a-103
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
    (a) is required for human occupation; and
    (b) an applicant must install:
    (i) in accordance with published installation and inspection specifications for public improvements; and
    (ii) whether the improvement is public or private, as a condition of:
    (A) recording a subdivision plat;
    (B) obtaining a building permit; or
    (C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Internal lot restriction: means a platted note, platted demarcation, or platted designation that:
    (a) runs with the land; and
    (b) 
    (i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or
    (ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 10-9a-103
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Land: includes :Utah Code 68-3-12.5
  • Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103
  • Land use authority: means :
    (a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
    (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
  • Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
    (a) a land use permit; or
    (b) a land use application. See Utah Code 10-9a-103
  • Land use permit: means a permit issued by a land use authority. See Utah Code 10-9a-103
  • Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
  • Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • Legislative body: means the legislative body of the municipality. See Utah Code 10-15-3
  • License agreement: means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state. See Utah Code 13-13-2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 11-56-102
  • Local historic district or area: means a geographically definable area that:
    (a) contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and
    (b) is subject to land use regulations to preserve the historic significance of the local historic district or area. See Utah Code 10-9a-103
  • Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
  • Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
    (i) whether or not the lots are located in the same subdivision; and
    (ii) with the consent of the owners of record. See Utah Code 10-9a-103
  • Major transit investment corridor: means public transit service that uses or occupies:
    (a) public transit rail right-of-way;
    (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
    (c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and:
    (i) a public transit district as defined in Section 17B-2a-802; or
    (ii) an eligible political subdivision as defined in Section 59-12-2219. See Utah Code 10-9a-103
  • Mall intersection: means any intersection of a street constituting a part of a pedestrian mall with any street which intersection is itself part of a pedestrian mall. See Utah Code 10-15-3
  • Manufacturer: means manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle. See Utah Code 13-20-2
  • Material fact: means information that a person of ordinary intelligence and prudence would consider relevant in deciding whether or not to make a contribution in response to a charitable solicitation. See Utah Code 13-22-2
  • Misappropriation: means :
    (a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
    (b) disclosure or use of a trade secret of another without express or implied consent by a person who:
    (i) used improper means to acquire knowledge of the trade secret; or
    (ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
    (A) derived from or through a person who had utilized improper means to acquire it;
    (B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
    (C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
    (iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Utah Code 13-24-2
  • Mobile business: means an enclosed mobile business, a food cart, a food truck, or an ice cream truck. See Utah Code 11-56-102
  • Mobile business event: means an event at which a mobile business has been invited by the event organizer to offer the mobile business's goods or services at a private or public gathering. See Utah Code 11-56-102
  • Mobile telecommunications service: is a s defined in the Mobile Telecommunications Sourcing Act, 4 U. See Utah Code 10-1-402
  • Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor home: means a self-propelled vehicular unit, primarily designed as a temporary dwelling for travel, recreational, and vacation use. See Utah Code 13-20-2
  • Motor vehicle: includes :
    (i) a motor home, as defined in this section, but only the self-propelled vehicle and chassis sold in this state;
    (ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state; and
    (iii) a motorcycle, as defined in Section 41-1a-102, sold in this state if the motorcycle is designed primarily for use and operation on paved highways. See Utah Code 13-20-2
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipal utility easement: means an easement that:
    (a) is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use;
    (b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
    (c) the municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines;
    (d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement;
    (e) 
    (i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and
    (ii) is located in a utility easement granted for public use; or
    (f) is described in Section 10-9a-529 and is used by a specified public utility. See Utah Code 10-9a-103
  • Municipality: means a city, town, or metro township. See Utah Code 10-1-303
  • Municipality: includes every city or town within this state. See Utah Code 10-15-3
  • Municipality: means a city, town, or metro township. See Utah Code 10-1-402
  • 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
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nominal fee: means a fee that reasonably reimburses a municipality only for time spent and expenses incurred in:
    (a) verifying that building plans are identical plans; and
    (b) reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans. See Utah Code 10-9a-103
  • Noncomplying structure: means a structure that:
    (a) legally existed before the structure's current land use designation; and
    (b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations, which govern the use of land. See Utah Code 10-9a-103
  • Nonconforming use: means a use of land that:
    (a) legally existed before its current land use designation;
    (b) has been maintained continuously since the time the land use ordinance governing the land changed; and
    (c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 10-9a-103
  • Nondiscounted price: means a price at which the goods or services are offered at the time of the price assessment without a temporary store reduction in price. See Utah Code 13-11a-2
  • Nonrecurring tax notice charge: means a tax notice charge that a political subdivision certifies to the county treasurer on a one-time or case-by-case basis rather than regularly over multiple calendar years. See Utah Code 11-60-102
  • Nonutility energy supplier: means a person that:
    (a) has received market-based rate authority from the Federal Energy Regulatory Commission in accordance with 16 U. See Utah Code 54-2-1
  • Notice of lien: means a notice that:
    (a) a political subdivision records in the office of the recorder of the county in which a property that is the subject of a nonrecurring tax notice charge is located; and
    (b) describes the nature and amount of the nonrecurring tax notice charge and whether the political subdivision intends to certify the charge to the county treasurer under statutory authority that allows the treasurer to place the charge on the property tax notice described in Section 59-2-1317. See Utah Code 11-60-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 11-57-102
  • Official map: means a map drawn by municipal authorities and recorded in a county recorder's office that:
    (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;
    (b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
    (c) has been adopted as an element of the municipality's general plan. See Utah Code 10-9a-103
  • Operator: means a person, including a vendor, who owns, manages, controls, or operates a mobile business. See Utah Code 11-56-102
  • organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
    (i) who is or holds itself out to be:
    (A) a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
    (B) for the benefit of a public safety, law enforcement, or firefighter fraternal association; or
    (C) established for any charitable purpose;
    (ii) who solicits or obtains contributions solicited from the public for a charitable purpose; or
    (iii) in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the person, corporation, partnership, or business association who owns the sounds fixed in a master phonograph record, master disc, master wire, master tape, master film, or other device used for reproducing recorded sounds on phonograph records, discs, wires, tapes, films, or other articles or materials in which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived. See Utah Code 13-10-3
  • Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
  • Parcel boundary adjustment: means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 10-9a-524, if no additional parcel is created and:
    (i) none of the property identified in the agreement is a lot; or
    (ii) the adjustment is to the boundaries of a single person's parcels. See Utah Code 10-9a-103
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pedestrian mall: means one or more streets or portions thereof, on which vehicular traffic is, or is to be, restricted in whole or in part and which is, or is to be, used exclusively or primarily for pedestrian travel. See Utah Code 10-15-3
  • Performing group: means a vocal or instrumental group that performs live music for a paying audience. See Utah Code 13-11a-2
  • Performing rights society or organization: means an association, corporation, or other entity that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. See Utah Code 13-10a-2
  • Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, cooperative, or any other legal entity. See Utah Code 13-11-3
  • Person: means an individual, including a consumer, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Utah Code 13-11a-2
  • Person: is a s defined in Section 59-12-102. See Utah Code 10-1-303
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
  • Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 13-24-2
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: includes an individual, partnership, association, organization, corporation, labor union, legal representative, trustee, trustee in bankruptcy, receiver, and other organized groups of persons. See Utah Code 13-7-2
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Personal training service: means the personalized instruction, training, supervision, or monitoring of an individual's physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
  • Personal use expenditure: means an expenditure made without the authority of law that:
    (i) is not directly related to the performance of an activity as an officer or employee of a political subdivision;
    (ii) primarily furthers a personal interest of an officer or employee of a political subdivision or the family, a friend, or an associate of an officer or employee of a political subdivision; and
    (iii) would constitute taxable income under federal law. See Utah Code 11-57-102
  • Place of public accommodation: includes :
    (i) every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge, except, an establishment that is:
    (A) located within a building that contains not more than five rooms for rent or hire; and
    (B) actually occupied by the proprietor of the establishment as the proprietor's residence; and
    (ii) a place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously if the place, establishment, or facility receives any substantial governmental subsidy or support. See Utah Code 13-7-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan for moderate income housing: means a written document adopted by a municipality's legislative body that includes:
    (a) an estimate of the existing supply of moderate income housing located within the municipality;
    (b) an estimate of the need for moderate income housing in the municipality for the next five years;
    (c) a survey of total residential land use;
    (d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and
    (e) a description of the municipality's program to encourage an adequate supply of moderate income housing. See Utah Code 10-9a-103
  • Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: means :
    (a) a city, town, or metro township; or
    (b) a county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. See Utah Code 11-56-102
  • Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 11-57-102
  • Political subdivision: means :
    (a) a county, as that term is defined in Section 17-50-101;
    (b) a municipality, as that term is defined in Section 10-1-104;
    (c) a special district, as that term is defined in Section 17B-1-102;
    (d) a special service district, as that term is defined in Section 17D-1-102;
    (e) an interlocal entity, as that term is defined in Section 11-13-103;
    (f) a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
    (g) a local building authority, as that term is defined in Section 17D-2-102;
    (h) a conservation district, as that term is defined in Section 17D-3-102; or
    (i) a local entity, as that term is defined in Sections 11-42-102 and 11-42a-102. See Utah Code 11-60-102
  • Political subdivision: means a county, city, town, or metro township. See Utah Code 11-61-102
  • Political subdivision: means :
    (i) a city, town, or metro township; or
    (ii) a county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. See Utah Code 11-66-101
  • Political subdivision lien: means a lien that a statute expressly authorizes a political subdivision to hold and record, including a direct charge that constitutes, according to an express statutory provision, a lien. See Utah Code 11-60-102
  • Potential geologic hazard area: means an area that:
    (a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or
    (b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. See Utah Code 10-9a-103
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Pregnancy: includes pregnancy or a pregnancy-related condition. See Utah Code 13-7-2
  • Pregnancy-related condition: includes breastfeeding, lactation, or a medical condition related to breastfeeding. See Utah Code 13-7-2
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Price assessment: means the determination of the prices underlying a price comparison. See Utah Code 13-11a-2
  • Price assessor: means a firm or individual that determines the prices, including the reference prices, underlying the price comparison, or who makes the price comparison. See Utah Code 13-11a-2
  • Price comparison: means any express representation that a specific savings, reduction, or discount exists or will exist between the supplier's advertised price and another specific price. See Utah Code 13-11a-2
  • Primary location: means the health spa facility that a health spa designates in a contract for health spa services as the health spa facility the consumer in the contract will primarily use for health spa services. See Utah Code 13-23-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Product area: means the geographical area in which the prospective purchasers to whom the advertisement is aimed could reasonably be expected to seek the goods or services in question. See Utah Code 13-11a-2
  • Professional fund raiser: means a person who:
    (i) for compensation or any other consideration, for or on behalf of a charitable organization or any other person:
    (A) solicits contributions; or
    (B) promotes or sponsors the solicitation of contributions;
    (ii) 
    (A) for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person; and
    (B) at any time has custody of a contribution for the charitable organization;
    (iii) engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization;
    (iv) manages, supervises, or trains any solicitor whether as an employee or otherwise; or
    (v) uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2
  • Professional fund raising counsel or consultant: means a person who:
    (i) for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person;
    (ii) does not solicit contributions;
    (iii) does not at any time have custody of a contribution from solicitation; and
    (iv) does not employ, procure, or engage any compensated person to solicit or receive contributions. See Utah Code 13-22-2
  • Project area: means :
    (a) the authority jurisdictional land, subject to Section 11-58-605; or
    (b) land outside the authority jurisdictional land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-58-102
  • Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-58-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property tax: includes a privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-58-102
  • Property tax: means a tax imposed on real property under Title 59, Chapter 2, Property Tax Act, Title 59, Chapter 3, Tax Equivalent Property Act, or Title 59, Chapter 4, Privilege Tax. See Utah Code 11-60-102
  • Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not for profit organization, or any other place of business or professional office located in this state in which:
    (a) the public may assemble; and
    (b) musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled. See Utah Code 13-10a-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: means :
    (a) the federal government;
    (b) the state;
    (c) a county, municipality, school district, special district, special service district, or other political subdivision of the state; or
    (d) a charter school. See Utah Code 10-9a-103
  • Public building: means a building or permanent structure that is:
    (i) owned, leased, or occupied by a political subdivision or a subunit of a political subdivision;
    (ii) open to public access in whole or in part; and
    (iii) used for public education or political subdivision activities. See Utah Code 11-61-102
  • Public funds: means the same as that term is defined in Section 51-7-3. See Utah Code 11-57-102
  • Public grant: means the same as the term "grant" is defined in Section 63G-6a-103. See Utah Code 13-22-2
  • Public grounds: includes sidewalks, streets, and parks. See Utah Code 11-61-102
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
  • Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103
  • Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receiving zone: means an area of a municipality that the municipality designates, by ordinance, as an area in which an owner of land may receive a transferable development right. See Utah Code 10-9a-103
  • Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 10-9a-103
  • Recording group: means a vocal or instrumental group at least one of the members of which has released a commercial sound recording under the group's name, if the member has a legal right to use of the group's name. See Utah Code 13-11a-2
  • Recreational vehicle trailer: means a travel trailer, camping trailer, or fifth wheel trailer. See Utah Code 13-20-2
  • Regular price: means the price at which a supplier has recently offered the goods or services for sale in good faith in the regular course of business. See Utah Code 13-11a-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remediation: includes :
    (a) activities for the cleanup, rehabilitation, and development of contaminated land; and
    (b) acquiring an interest in land within a remediation project area. See Utah Code 11-58-102
  • Remediation project: means a project for the remediation of contaminated land that:
    (a) is owned by:
    (i) the state or a department, division, or other instrumentality of the state;
    (ii) an independent entity, as defined in Section 63E-1-102; or
    (iii) a political subdivision of the state; and
    (b) became contaminated land before the owner described in Subsection (24)(a) obtained ownership of the land. See Utah Code 11-58-102
  • Remediation project area: means a project area consisting of contaminated land that is or is expected to become the subject of a remediation project. See Utah Code 11-58-102
  • Reposited materials: means materials of historical, artistic, literary, or scientific value that are deposited in a collecting institution. See Utah Code 9-8-802
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residential facility for persons with a disability: means a residence:
    (a) in which more than one person with a disability resides; and
    (b) which is licensed or certified by the Department of Health and Human Services under:
    (i) 1; or
    (ii) 2. See Utah Code 10-9a-103
  • Residential roadway: means a public local residential road that:
    (a) will serve primarily to provide access to adjacent primarily residential areas and property;
    (b) is designed to accommodate minimal traffic volumes or vehicular traffic;
    (c) is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan;
    (d) has a posted speed limit of 25 miles per hour or less;
    (e) does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network;
    (f) cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries; and
    (g) primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas. See Utah Code 10-9a-103
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Road: includes :Utah Code 68-3-12.5
  • royalties: means the fees payable by a proprietor to a performing rights society for the nondramatic public performance of musical or other similar works. See Utah Code 13-10a-2
  • Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
    (a) parliamentary order and procedure;
    (b) ethical behavior; and
    (c) civil discourse. See Utah Code 10-9a-103
  • Sales transaction: means a sale, lease, assignment, award by chance, or other written or oral transfer or disposition of goods, services, or other property, both tangible and intangible (except securities and insurance), to a person or business, or a solicitation or offer by a supplier with respect to any of these transfers or dispositions. See Utah Code 13-11a-2
  • Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 10-9a-103
  • Sending zone: means an area of a municipality that the municipality designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. See Utah Code 10-9a-103
  • service address: means :
    (a) if the location described in this Subsection (8)(a) is known, the location of the telecommunications equipment:
    (i) to which a call is charged; and
    (ii) from which the call originates or terminates;
    (b) if the location described in Subsection (8)(a) is not known but the location described in this Subsection (8)(b) is known, the location of the origination point of the signal of the telecommunications service first identified by:
    (i) the telecommunications system of the telecommunications provider; or
    (ii) if the system used to transport the signal is not a system of the telecommunications provider, information received by the telecommunications provider from its service provider; or
    (c) if the locations described in Subsection (8)(a) or (b) are not known, the location of a customer's place of primary use. See Utah Code 10-1-402
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sewerage corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any sewerage system for public service within this state. See Utah Code 54-2-1
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Society: means the Utah State Historical Society created in Section 9-8-207. See Utah Code 9-8-102
  • solicitation: includes :
    (i) any of the following done, or purporting to be done, for a charitable purpose:
    (A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;
    (B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or
    (C) an application or other request for a a private grant or, if made by an individual, a public grant; or
    (ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
  • Sound recording: means a work resulting from the fixation on a material object, such as a disk, tape, or phono-record, of musical or instrumental sounds. See Utah Code 13-11a-2
  • Special district: means an entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. See Utah Code 10-9a-103
  • Specified public agency: means :
    (a) the state;
    (b) a school district; or
    (c) a charter school. See Utah Code 10-9a-103
  • Specified public utility: means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. See Utah Code 10-9a-103
  • State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Street: means any public road, street, highway, alley, lane, court, way, or place of any nature open to the use of the public, excluding state highways. See Utah Code 10-15-3
  • Subdivision: includes :
    (i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
    (ii) except as provided in Subsection (65)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
  • Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 10-9a-608 that:
    (i) vacates all or a portion of the subdivision;
    (ii) alters the outside boundary of the subdivision;
    (iii) changes the number of lots within the subdivision;
    (iv) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
    (v) alters a common area or other common amenity within the subdivision. See Utah Code 10-9a-103
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantial evidence: means evidence that:
    (a) is beyond a scintilla; and
    (b) a reasonable mind would accept as adequate to support a conclusion. See Utah Code 10-9a-103
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplier: means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, whether or not he deals directly with the consumer. See Utah Code 13-11-3
  • Supplier: means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces sales transactions, whether or not he deals directly with the purchaser. See Utah Code 13-11a-2
  • Supplier: includes :
    (i) any successor in interest, including a purchaser of assets or stock; and
    (ii) a surviving corporation resulting from a merger, liquidation, or reorganization of the original supplier that issued the warranty. See Utah Code 13-14b-102
  • Suspect soil: means soil that has:
    (a) a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential;
    (b) bedrock units with high shrink or swell susceptibility; or
    (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features. See Utah Code 10-9a-103
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Tax notice charge: means the same as that term is defined in Section 59-2-1301. See Utah Code 11-60-102
  • Tax sale: means the tax sale described in 13. See Utah Code 11-60-102
  • Taxable energy: means gas and electricity. See Utah Code 10-1-303
  • telecommunications provider: means a person that:
    (i) owns, controls, operates, or manages a telecommunications service; or
    (ii) engages in an activity described in Subsection (9)(a)(i) for the shared use with or resale to any person of the telecommunications service. See Utah Code 10-1-402
  • Telecommunications service: means :
    (a) telecommunications service, as defined in Section 59-12-102, other than mobile telecommunications service, that originates and terminates within the boundaries of this state;
    (b) mobile telecommunications service, as defined in Section 59-12-102:
    (i) that originates and terminates within the boundaries of one state; and
    (ii) only to the extent permitted by the Mobile Telecommunications Sourcing Act, 4 U. See Utah Code 10-1-402
  • telecommunications tax or fee: means any of the following imposed by a municipality on a telecommunications provider:
    (i) a tax;
    (ii) a license;
    (iii) a fee;
    (iv) a license fee;
    (v) a license tax;
    (vi) a franchise fee; or
    (vii) a charge similar to a tax, license, or fee described in Subsections (11)(a)(i) through (vi). See Utah Code 10-1-402
  • Telegraph corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any telegraph line for public service within this state. See Utah Code 54-2-1
  • Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1
  • Temporary mass gathering: means :
    (i) an actual or reasonably anticipated assembly of 500 or more people that continues, or reasonably can be expected to continue, for two or more hours per day; or
    (ii) an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks. See Utah Code 11-56-102
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Theatre: means any establishment in which motion pictures are exhibited regularly to the public for a charge. See Utah Code 13-13-2
  • Therapeutic school: means a residential group living facility:
    (a) for four or more individuals who are not related to:
    (i) the owner of the facility; or
    (ii) the primary service provider of the facility;
    (b) that serves students who have a history of failing to function:
    (i) at home;
    (ii) in a public school; or
    (iii) in a nonresidential private school; and
    (c) that offers:
    (i) room and board; and
    (ii) an academic education integrated with:
    (A) specialized structure and supervision; or
    (B) services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development. See Utah Code 10-9a-103
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
    (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
    (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Utah Code 13-24-2
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transferable development right: means a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. See Utah Code 10-9a-103
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • unfair competition: means an intentional business act or practice that:
    (i) 
    (A) is unlawful, unfair, or fraudulent; and
    (B) leads to a material diminution in value of intellectual property; and
    (ii) is one of the following:
    (A) malicious cyber activity;
    (B) infringement of a patent, trademark, or trade name;
    (C) a software license violation; or
    (D) predatory hiring practices. See Utah Code 13-5a-102
  • Unincorporated: means the area outside of the incorporated area of a city or town. See Utah Code 10-9a-103
  • Unincorporated: means not within a municipality. See Utah Code 10-1-104
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Utility: means a utility owned by a city, in whole or in part, that provides electricity, gas, water, or sewer, or any combination of them. See Utah Code 10-6-106
  • Utility vehicle charging service: means the furnishing of electricity:
    (a) to an electric vehicle battery charging station;
    (b) by a public utility in whose service area the charging station is located; and
    (c) pursuant to a duly established tariff for rates, charges, and conditions of service for the electricity. See Utah Code 54-2-1
  • Utility-owned vehicle charging infrastructure: means all facilities, equipment, and electrical systems owned and installed by a large-scale electric utility:
    (a) on the customer's side or the large-scale electric utility's side of the electricity metering equipment; and
    (b) to facilitate utility vehicle charging service or other electric vehicle battery charging service. See Utah Code 54-2-1
  • Vending device: includes machines, boxes, jars, wishing wells, barrels, or any other container. See Utah Code 13-22-2
  • Vending device decal: means any decal, tag, or similar designation material that is attached to a vending device, whether or not used or placed by a charitable organization or professional fund raiser, that would indicate that all or a portion of the proceeds from the purchase of items from the vending device will go to a specific charitable organization. See Utah Code 13-22-2
  • Vested critical infrastructure materials operations: means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the municipality that existed or was conducted or otherwise engaged in before:
    (a) a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and
    (b) January 1, 2019. See Utah Code 10-9a-901
  • Warranty claim: means a claim for payment submitted by an equipment dealer to a supplier for service or parts, or both, provided to a customer under a:
    (a) warranty issued by the supplier; or
    (b) recall or modification order issued by the supplier. See Utah Code 13-14b-102
  • Water corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any water system for public service within this state. See Utah Code 54-2-1
  • Water interest: means any right to the beneficial use of water, including:
    (a) each of the rights listed in Section 73-1-11; and
    (b) an ownership interest in the right to the beneficial use of water represented by:
    (i) a contract; or
    (ii) a share in a water company, as defined in Section 73-3-3. See Utah Code 10-9a-103
  • Wholesale electrical cooperative: includes every electrical corporation that is:
    (a) in the business of the wholesale distribution of electricity it has purchased or generated to its members and the public; and
    (b) required to distribute or allocate savings in excess of additions to reserves and surplus to members or patrons on the basis of patronage. See Utah Code 54-2-1
  • Writing: includes :Utah Code 68-3-12.5
  • Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 10-9a-103