§ 4-11-101 Title
§ 4-11-102 Definitions
§ 4-11-103 Department authorized to make and enforce rules
§ 4-11-104 Bee raising — Registration required — Application — Fees — Renewal — License required — Application — Fees — Renewal
§ 4-11-105 County bee inspector — Appointment — Termination — Compensation
§ 4-11-106 Hives to have removable frames — Consent of county bee inspector to sell or transport diseased bees
§ 4-11-107 Inspector — Duties — Diseased apiaries — Examination of diseased bees by department — Election to transport bees to wax-salvage plant
§ 4-11-108 County bee inspector — Disinfection required before leaving apiary with diseased bees
§ 4-11-109 Inspection of apiaries where queen bees raised for sale — Honey from apiaries where queen bees raised for sale not to be used for candy for mailing cages unless boiled
§ 4-11-110 Enforcement — Inspections authorized — Warrants
§ 4-11-111 Importation of bees or appliances into state — Certification required — Inspection discretionary — Authority to require destruction or removal of diseased bees and appliances
§ 4-11-112 Quarantine authorized
§ 4-11-113 Unlawful acts specified
§ 4-11-114 Maintenance of abandoned apiary, equipment, or appliance — Nuisance
§ 4-11-115 Maintaining gentle stock

Terms Used In Utah Code > Title 4 > Chapter 11

  • Abandoned apiary: means any apiary to which the owner or operator fails to give reasonable and adequate attention during a given year as determined by the department. See Utah Code 4-11-102
  • 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, local 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 Utah 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(5)(a); 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.
  • Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109
  • 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.
  • Apiary: means any place where one or more colonies of bees are located. See Utah Code 4-11-102
  • Apiary equipment: means hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax, or hives. See Utah Code 4-11-102
  • 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.
  • Appliance: means any apparatus, tool, machine, or other device used to handle or manipulate bees, wax, honey, or hives. See Utah Code 4-11-102
  • 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, and Coast Guard. See Utah Code 68-3-12.5
  • 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.
  • 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.
  • Bee: means the common honey bee, Apis mellifera, at any stage of development. See Utah Code 4-11-102
  • Beekeeper: includes an apiarist. See Utah Code 4-11-102
  • 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
  • Brand: means any identifiable mark applied to livestock that is intended to show ownership and the mark's location. See Utah Code 4-24-102
  • Breastfeeding: includes lactation. See Utah Code 13-7a-102
  • Carcass: means any part of the body of an animal, including entrails and edible meats. See Utah Code 4-24-102
  • 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
  • Charter school: means :
    (i) an operating charter school;
    (ii) a charter school applicant that has its application approved by a charter school authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; 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: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • 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
  • Colony: means an aggregation of bees in any type of hive that includes queens, workers, drones, or brood. See Utah Code 4-11-102
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • 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 its unique characteristics or potential impact 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 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • 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
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • 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 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
  • Devise: To gift property by will.
  • 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.
  • Disease: means any infectious or contagious disease affecting bees, as specified by the department, including American foulbrood. See Utah Code 4-11-102
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Consumer Protection. See Utah Code 13-10a-2
  • Domesticated elk: means the same as that term is defined in Section 4-39-102. See Utah Code 4-24-102
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • 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 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
  • 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
  • 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 collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Hide: means any skins or wool removed from livestock. See Utah Code 4-24-102
  • 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
  • Hive: means a frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle that may be used to house bees. See Utah Code 4-11-102
  • 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
  • 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
  • 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;
    (b) a land use application; or
    (c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 10-9a-103
  • Land use permit: means a permit issued by a land use authority. See Utah Code 10-9a-103
  • 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
  • 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.
  • Livestock: means cattle, calves, horses, mules, sheep, goats, or hogs. See Utah Code 4-24-102
  • Livestock market: means a public market place consisting of pens or other enclosures where cattle, calves, horses, or mules are received on consignment and kept for subsequent sale, either through public auction or private sale. See Utah Code 4-24-102
  • Local district: means an entity under Title 17B, Limited Purpose Local Government Entities - Local 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
  • 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 parcels, whether or not the lots are located in the same subdivision, in accordance with Section 10-9a-608, 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
  • Mark: means any cutting and shaping of the ears or brisket area of livestock that is intended to show ownership. See Utah Code 4-24-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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.
  • 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) 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
  • 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 its 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
  • 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.
  • 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
  • Open range: means land upon which cattle, sheep, or other domestic animals are grazed or permitted to roam by custom, license, lease, or permit. See Utah Code 4-24-102
  • 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
  • Package: means any number of bees in a bee-tight container, with or without a queen, and without comb. See Utah Code 4-11-102
  • Parasite: means an organism that parasitizes any developmental stage of a bee. See Utah Code 4-11-102
  • Parcel: means any real property that is not a lot created by and shown on a subdivision plat recorded in the office of the county recorder. 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 57-1-45, if no additional parcel is created and:
    (i) none of the property identified in the agreement is subdivided land; 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.
  • 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 a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • 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
  • 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: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Pest: means an organism that:
    (a) inflicts damage to a bee or bee colony directly or indirectly; or
    (b) may damage apiary equipment in a manner that is likely to have an adverse effect on the health of the colony or an adjacent colony. See Utah Code 4-11-102
  • 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 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.
  • 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
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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, local district, special service district, or other political subdivision of the state; or
    (d) a charter school. See Utah Code 10-9a-103
  • 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
  • Quorum: The number of legislators that must be present to do business.
  • Raise: means :
    (a) to hold a colony of bees in a hive for the purpose of pollination, honey production, or study, or a similar purpose; and
    (b) when the person holding a colony holds the colony or a package of bees in the state for a period of time exceeding 30 days. See Utah Code 4-11-102
  • real property: includes :Utah Code 68-3-12.5
  • 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
  • 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
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Residential facility for persons with a disability: means a residence:
    (a) in which more than one person with a disability resides; and
    (b) 
    (i) which is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or
    (ii) which is licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act. 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 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.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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
  • 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subdivided land: means the land, tract, or lot described in a recorded subdivision plat. See Utah Code 10-9a-103
  • 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:
    (a) vacates all or a portion of the subdivision;
    (b) alters the outside boundary of the subdivision;
    (c) changes the number of lots within the subdivision;
    (d) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
    (e) 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.
  • 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
  • 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
  • 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.
  • Terminal disease: means a pest, parasite, or pathogen that will kill an occupant colony or subsequent colony on the same equipment. See Utah Code 4-11-102
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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.
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • 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
  • 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
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