§ 4-17-101 Title
§ 4-17-102 Definitions
§ 4-17-103 Commissioner — Functions, powers, and duties
§ 4-17-104 Creation of State Weed Committee — Membership — Powers and duties — Expenses
§ 4-17-105 County weed control board — Appointment — Composition — Terms — Removal — Compensation
§ 4-17-106 Commissioner may require county weed control board to justify failure to enforce provisions
§ 4-17-107 County weed control board responsible for control of noxious weeds — Cooperation with other county boards — Authority to designate noxious weed — Public hearing before removal of noxious weed from state list
§ 4-17-108 Weed control supervisor — Qualification — Appointment — Duties
§ 4-17-109 Notice of noxious weeds to be published annually in county — Notice to particular property owners to control noxious weeds — Methods of prevention or control specified — Failure to control noxious weeds considered public nuisance
§ 4-17-110 Noxious weeds — Failure to control after notice of nuisance — Notice and hearing — Control at county expense — Owner liable for county costs — Charges lien against property
§ 4-17-111 Hearing before county weed control board — Appeal of decision to the county legislative body — Judicial review
§ 4-17-112 Jurisdiction of state and local agencies to control weeds
§ 4-17-113 County noxious weed control fund authorized
§ 4-17-114 Invasive Species Mitigation Account created
§ 4-17-115 Cooperative agreements and grants to rehabilitate areas infested with or threatened by invasive species

Terms Used In Utah Code > Title 4 > Chapter 17

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • 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 municipality: means an incorporated city or town:
    (a) that is located in the notice area; and
    (b) 
    (i) within which a franchisor is proposing a new or relocated dealership that is within the relevant market area of an existing dealership of the same line-make owned by another franchisee; or
    (ii) within which an existing dealership is located and a franchisor is proposing a new or relocated dealership within the relevant market area of that existing dealership of the same line-make. See Utah Code 13-14-102
  • Affiliate: has the meaning set forth in Section 16-10a-102. See Utah Code 13-14-102
  • Aftermarket product: means any product or service not included in the franchisor's suggested retail price of the new motor vehicle, as that price appears on the label required by 15 U. See Utah Code 13-14-102
  • 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
  • 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.
  • Annual financial report: means a comprehensive annual financial report or similar financial report required by Section 51-2a-201. See Utah Code 11-50-102
  • 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.
  • Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103
  • Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103
  • Aquatic animal: includes a gamete of any species listed in Subsection (3)(a). See Utah Code 4-37-103
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Audiovisual recording function: means the capability of a device to record or transmit a motion picture or any part of the motion picture by means of any technology. See Utah Code 13-10b-102
  • Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
  • Authority: means the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-59-102
  • 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
  • Authorized officer: means any individual required or permitted by any law or by the issuing public entity to execute on behalf of the public entity, a certificated registered public obligation or a writing relating to an uncertificated registered public obligation. See Utah Code 15-7-2
  • 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.
  • Base taxable value: means :
    (a) 
    (i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year 2018; and
    (ii) for an area described in Subsection 11-58-601(5), the taxable value of that area in calendar year 2017; or
    (b) for a project area that consists of land outside the authority jurisdictional land, the taxable value of property within any portion of a project area, as designated by board resolution, from which the property tax differential will be collected, as shown upon the assessment roll last equalized before the year in which the authority adopts a project area plan for that area. See Utah Code 11-58-102
  • 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
  • Bequest: Property gifted by will.
  • Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
  • Board: means the authority's board, created in Section 11-59-301. See Utah Code 11-59-102
  • board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102
  • Business plan: means a plan designed to facilitate, encourage, and bring about development of the authority jurisdictional land to achieve the goals and objectives described in Subsection 11-58-203(1), including the development and establishment of an inland port. See Utah Code 11-58-102
  • Cash price: means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental purchase agreement. See Utah Code 15-8-3
  • Catastrophic public nuisance: means a condition on state or federal land where natural resources and biota have been managed or neglected to such an extent as to cause:
    (a) the threat of a catastrophic wildfire demonstrated by:
    (i) stand density, basal area, or ground fuel load greater than 150% of land health standards; or
    (ii) an insect or disease infestation severe enough to threaten the mortality of at least 20% of the trees in the area; or
    (b) a condition in the area that threatens the:
    (i) quantity or quality of the public water supply of a political subdivision;
    (ii) health, safety, or welfare of the citizens of a political subdivision;
    (iii) air quality of a nonattainment area; or
    (iv) vegetative resources required to support land health and authorized livestock grazing. See Utah Code 11-51a-102
  • Certificated registered public obligation: means a registered public obligation which is represented by an instrument. See Utah Code 15-7-2
  • 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.
  • Chief administrative officer: means the chief administrative officer designated in accordance with Section 11-50-202. See Utah Code 11-50-102
  • Chief executive officer: means :
    (a) for a municipality:
    (i) the mayor, if the municipality is operating under a form of municipal government other than the council-manager form of government; or
    (ii) the city manager, if the municipality is operating under the council-manager form of government;
    (b) for a county:
    (i) the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government;
    (ii) the county executive officer, if the county is operating under the county-executive form of government; or
    (iii) the county manager, if the county is operating under the council-manager form of government. See Utah Code 11-51a-102
  • Chief financial officer: means the chief financial officer designated in accordance with Section 11-50-202. See Utah Code 11-50-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Code: means the Internal Revenue Code of 1954. See Utah Code 15-7-2
  • Commercial trampoline: means a device that:
    (a) incorporates a trampoline bed; and
    (b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a trampoline park. See Utah Code 11-63-102
  • Commission: means the county legislative body of each county of this state. See Utah Code 4-17-102
  • Commission: means the Utah Horse Racing Commission created by this chapter. See Utah Code 4-38-102
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • Commissioner: means the commissioner of agriculture and food or the commissioner's representative. See Utah Code 4-17-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means a natural person who rents personal property under a rental purchase agreement to be used primarily for personal, family, or household purposes. See Utah Code 15-8-3
  • Consummation: means the time at which a consumer becomes contractually obligated on a rental purchase agreement. See Utah Code 15-8-3
  • 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
  • County noxious weed: means any plant that is:
    (a) not on the state noxious weed list;
    (b) especially troublesome in a particular county; and
    (c) declared by the county legislative body to be a noxious weed within the county. See Utah Code 4-17-102
  • County sheriff: means an individual:
    (a) elected to the office of county sheriff; and
    (b) who fulfills the duties described in Subsection 17-22-1. See Utah Code 11-51a-102
  • Customer: means a person that:
    (a) causes a molder to fabricate, cast, or otherwise make a mold; or
    (b) provides a molder with a mold to make a product for the customer. See Utah Code 13-31-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealership: means a site or location in this state:
    (a) at which a franchisee conducts the business of a new motor vehicle dealer; and
    (b) that is identified as a new motor vehicle dealer's principal place of business for licensing purposes under Section 41-3-204. See Utah Code 13-14-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Department: means the Department of Commerce. See Utah Code 13-14-102
  • Dependent: A person dependent for support upon another.
  • 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 publicly owned infrastructure and improvements; and
    (b) the planning of, arranging for, or participation in any of the activities listed in Subsection (6)(a). See Utah Code 11-58-102
  • Development project: means a project for the development of land within a project area. See Utah Code 11-58-102
  • Devise: To gift property by will.
  • Do-not-drive order: means an order issued by a franchisor that instructs an individual not to operate a motor vehicle of the franchisor's line-make due to a recall. See Utah Code 13-14-102
  • Emergency response plan: means a written plan of action for the reasonable and appropriate contact, deployment, and coordination of services, agencies, and personnel to provide the earliest possible response to an injury or emergency. See Utah Code 11-63-102
  • 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.
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102
  • Executive director: means the executive director of the commission. See Utah Code 4-38-102
  • Facsimile signature: means the reproduction by engraving, imprinting, stamping, or other means of a manual signature. See Utah Code 15-7-2
  • 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.
  • Federal agency: means the:
    (a) United States Bureau of Land Management;
    (b) United States Forest Service;
    (c) United States Fish and Wildlife Service; or
    (d) National Park Service. See Utah Code 11-51a-102
  • Federally managed land: means land that is managed by a federal agency. See Utah Code 11-51a-102
  • Felony: A crime carrying a penalty of more than a year in prison.
  • fifth wheel trailer: means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. See Utah Code 13-14-102
  • Financial intermediary: means a bank, broker, clearing corporation or other person, or the nominee of any of them, which in the ordinary course of its business maintains registered public obligation accounts for its customers. See Utah Code 15-7-2
  • 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.
  • franchise agreement: includes a sales and service agreement. See Utah Code 13-14-102
  • Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102
  • Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced, assembled, represented, or distributed by the franchisor, and includes:
    (a) the manufacturer, producer, assembler, or distributor of the new motor vehicles;
    (b) an intermediate distributor; and
    (c) an agent, officer, or field or area representative of the franchisor. See Utah Code 13-14-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means :
    (a) for a county, city, or town, the legislative body of the county, city, or town;
    (b) for a local district, the board of trustees of the local district;
    (c) for a school district, the local board of education; or
    (d) for a special service district under Title 17D, Chapter 1, Special Service District Act:
    (i) the governing body of the county or municipality that created the special service district, if no administrative control board has been established under Section 17D-1-301; or
    (ii) the administrative control board, if one has been established under Section 17D-1-301. See Utah Code 11-50-102
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Highway: includes :Utah Code 68-3-12.5
  • Inherent risk: means a danger or condition that is an integral part of an activity occurring at a trampoline park. See Utah Code 11-63-102
  • Inland port: means one or more sites that:
    (a) contain multimodal transportation assets and other facilities that:
    (i) are related but may be separately owned and managed; and
    (ii) together are intended to:
    (A) allow global trade to be processed and altered by value-added services as goods move through the supply chain;
    (B) provide a regional merging point for transportation modes for the distribution of goods to and from ports and other locations in other regions;
    (C) provide cargo-handling services to allow freight consolidation and distribution, temporary storage, customs clearance, and connection between transport modes; and
    (D) provide international logistics and distribution services, including freight forwarding, customs brokerage, integrated logistics, and information systems; and
    (b) may include a satellite customs clearance terminal, an intermodal facility, a customs pre-clearance for international trade, or other facilities that facilitate, encourage, and enhance regional, national, and international trade. See Utah Code 11-58-102
  • Inland port use: means a use of land:
    (a) for an inland port;
    (b) that directly implements or furthers the purposes of an inland port, as stated in Subsection (8);
    (c) that complements or supports the purposes of an inland port, as stated in Subsection (8); or
    (d) that depends upon the presence of the inland port for the viability of the use. See Utah Code 11-58-102
  • Inspection: means a procedure that an inspector conducts to:
    (a) determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this chapter and the manufacturer's recommendations;
    (b) determine the operational safety of a trampoline park facility, including any device or material; and
    (c) determine whether the trampoline park's policies and procedures comply with this chapter. See Utah Code 11-63-102
  • Inspector: means an individual who:
    (a) conducts an inspection of a trampoline park to certify compliance with this chapter and industry safety standards; and
    (b) 
    (i) is certified by:
    (A) an organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or
    (B) an organization that promotes trampoline park safety and adopts the standards described in Subsection (5)(b)(i)(A);
    (ii) represents the insurer of the trampoline park;
    (iii) represents or is certified by a department or agency, regardless of whether the agency is located within the state, that:
    (A) inspects amusement and recreational facilities and equipment; and
    (B) certifies and trains professional private industry inspectors through written testing and continuing education requirements; or
    (iv) represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics. See Utah Code 11-63-102
  • Intermodal facility: means a hub or other facility for trade combining any combination of rail, trucking, air cargo, and other transportation services. See Utah Code 11-58-102
  • Issuer: means a public entity which issues an obligation. See Utah Code 15-7-2
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Lead: means the referral by a franchisor to a franchisee of a potential customer whose contact information was obtained from a franchisor's program, process, or system designed to generate referrals for the purchase or lease of a new motor vehicle, or for service work related to the franchisor's vehicles. See Utah Code 13-14-102
  • 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
  • Lessor: means a person who regularly provides the use of property through rental purchase agreements and to whom rental payments are initially payable on the face of a rental purchase agreement. See Utah Code 15-8-3
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Line-make: means :
    (a) for other than a recreational vehicle, the motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor; or
    (b) for a recreational vehicle, a specific series of recreational vehicle product that:
    (i) is identified by a common series trade name or trademark;
    (ii) is targeted to a particular market segment, as determined by decor, features, equipment, size, weight, and price range;
    (iii) has a length and floor plan that distinguish the recreational vehicle from other recreational vehicles with substantially the same decor, features, equipment, size, weight, and price;
    (iv) belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and
    (v) a franchise agreement authorizes a dealer to sell. See Utah Code 13-14-102
  • Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
  • Local regulating authority: means the business licensing division of:
    (a) the city, town, or metro township in which the trampoline park is located; or
    (b) if the trampoline park is located in an unincorporated area, the county. See Utah Code 11-63-102
  • Make: includes to manufacture, assemble, cast, or fabricate. See Utah Code 13-31-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mold: includes a die, form, or pattern. See Utah Code 13-31-102
  • Molder: includes a tool or die maker. See Utah Code 13-31-102
  • 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.
  • Motion picture theater: means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the commission of an offense under Section 13-10b-201. See Utah Code 13-10b-102
  • Motor home: means a self-propelled vehicle, primarily designed as a temporary dwelling for travel, recreational, or vacation use. See Utah Code 13-14-102
  • Motor vehicle: means :
    (i) a travel trailer;
    (ii) except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102;
    (iii) a semitrailer as defined in Section 41-1a-102;
    (iv) a trailer as defined in Section 41-1a-102; and
    (v) a recreational vehicle. See Utah Code 13-14-102
  • New correctional facility: means the state correctional facility being developed in Salt Lake City to replace the state correctional facility in Draper. See Utah Code 11-59-102
  • New motor vehicle: means a motor vehicle that:
    (a) has never been titled or registered; and
    (b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 13-14-102
  • New motor vehicle dealer: is a person who is licensed under Subsection 41-3-202(1)(a) to sell new motor vehicles. See Utah Code 13-14-102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonvoting member: means an individual appointed as a member of the board under Subsection 11-58-302(6) who does not have the power to vote on matters of authority business. See Utah Code 11-58-102
  • Notice area: means the geographic area that is:
    (a) within a radius of at least six miles and no more than 10 miles from the site of an existing dealership; and
    (b) located within a county with a population of at least 225,000. See Utah Code 13-14-102
  • notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-14-102
  • Noxious weed: means any plant the commissioner determines to be especially injurious to public health, crops, livestock, land, or other property. See Utah Code 4-17-102
  • Obligation: means an agreement by a public entity to pay principal and any interest on the obligation, whether in the form of a contract to repay borrowed money, a lease, an installment purchase agreement, or otherwise, and includes a share, participation, or other interest in any such agreement. See Utah Code 15-7-2
  • 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 actions: means the actions by statute, order, ordinance, resolution, contract, or other authorized means by which the issuer provides for issuance of a registered public obligation. See Utah Code 15-7-2
  • official body: means the person or group of persons that is empowered to provide for the original issuance of an obligation of the issuer, by defining the obligation and its terms, conditions, and other incidents, or to perform duties with respect to a registered public obligation and any successor of such person or group of persons. See Utah Code 15-7-2
  • Operator: means a person who owns, manages, or controls or who has the duty to manage or control the operation of a trampoline park. See Utah Code 11-63-102
  • Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
  • Owner or employee: means the owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee. See Utah Code 13-10b-102
  • Participant: means an individual that uses trampoline park equipment. See Utah Code 11-63-102
  • 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.
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, local district, special service district, an 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 11-50-102
  • Political subdivision: means a municipality or county. See Utah Code 11-51a-102
  • 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.
  • 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.
  • Primary market area: means :
    (a) for an existing dealership, the geographic area established by the franchisor that the existing dealership is intended to serve; or
    (b) for a new or relocated dealership, the geographic area proposed by the franchisor that the new or relocated dealership is intended to serve. See Utah Code 13-14-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Project area: means :
    (a) the authority jurisdictional land; 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 budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to the project area. 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
  • public entity: includes , without limitation, this state, an entity deriving powers from and acting pursuant to a state constitution or legislative act, a county, city, town, a municipal corporation, a quasi-municipal corporation, a state university or college, a school district, a special service district, a local district, a separate legal or administrative entity created under the Interlocal Cooperation Act or other joint agreement entity, a community reinvestment agency, any other political subdivision, a public authority or public agency, a public trust, a nonprofit corporation, or other organizations. See Utah Code 15-7-2
  • Public entity: means :
    (a) the state, including each department, division, or other agency of the state; or
    (b) a county, city, town, metro township, school district, local district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state. See Utah Code 11-58-102
  • Quorum: The number of legislators that must be present to do business.
  • Race meet: means the entire period of time for which a licensee has been approved to hold horse races. See Utah Code 4-38-102
  • Racetrack facility: means a racetrack within Utah approved by the commission for the racing of horses, including the track surface, grandstands, clubhouse, all animal housing and handling areas, and other areas in which a person may enter only upon payment of an admission fee or upon presentation of authorized credentials. See Utah Code 4-38-102
  • real property: includes :Utah Code 68-3-12.5
  • Recall: means a determination by a franchisor or the National Highway Traffic Safety Administration that a motor vehicle has a safety-related defect or fails to meet a federal safety or emissions standard. See Utah Code 13-14-102
  • Recall repair: means any diagnostic work, labor, or part necessary to resolve an issue that is the basis of a recall. See Utah Code 13-14-102
  • Recognized race meet: means a race meet recognized by a national horse breed association. See Utah Code 4-38-102
  • Recreational vehicle: includes :
    (i) a travel trailer;
    (ii) a camping trailer;
    (iii) a motor home;
    (iv) a fifth wheel trailer; and
    (v) a van. See Utah Code 13-14-102
  • Registered public obligation: means an obligation issued by a public entity which is issued pursuant to a system of registration. See Utah Code 15-7-2
  • 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.
  • Rental purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes for an initial period of four months or less that is automatically renewable with each payment after the initial period, but which does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Utah Code 15-8-3
  • 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.
  • Road: includes :Utah Code 68-3-12.5
  • 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.
  • Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 11-58-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Site-control agreement: means an agreement, however denominated and regardless of the agreement's form or of the parties to the agreement, that has the effect of:
    (a) controlling in any way the use and development of the premises upon which a franchisee's business operations are located;
    (b) requiring a franchisee to establish or maintain an exclusive dealership facility on the premises upon which the franchisee's business operations are located; or
    (c) restricting the ability of the franchisee or, if the franchisee leases the dealership premises, the franchisee's lessor to transfer, sell, lease, develop, redevelop, or change the use of some or all of the dealership premises, whether by sublease, lease, collateral pledge of lease, right of first refusal to purchase or lease, option to purchase or lease, or any similar arrangement. See Utah Code 13-14-102
  • Small trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102 v2
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-14-305
  • Taxable value: means the value of property as shown on the last equalized assessment roll. See Utah Code 11-58-102
  • Taxing entity: means a public entity that levies a tax on property within a project area. See Utah Code 11-58-102
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102 v2
  • Trampoline bed: means the flexible surface of a trampoline on which a user jumps or bounces. See Utah Code 11-63-102
  • Trampoline court: means an area of a trampoline park comprising:
    (a) multiple commercial trampolines; or
    (b) at least one commercial trampoline and at least one associated foam or inflatable bag pit. See Utah Code 11-63-102
  • Trampoline park: means a place of business that offers the recreational use of a trampoline court for a fee. See Utah Code 11-63-102
  • Trustee: A person or institution holding and administering property in trust.
  • Uncertificated registered public obligation: means a registered public obligation which is not represented by an instrument. See Utah Code 15-7-2
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Used motor vehicle: means a motor vehicle that:
    (a) has been titled and registered to a purchaser other than a franchisee; or
    (b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 13-14-102
  • 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
  • Venue: The geographical location in which a case is tried.
  • Voting member: means an individual appointed or designated as a member of the board under Subsection 11-58-302(2). See Utah Code 11-58-102
  • Writing: includes :Utah Code 68-3-12.5
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