Terms Used In Utah Code > Title 72 > Chapter 7 - Protection of Highways Act

• Automobile graveyard: means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. See Utah Code 72-7-202
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Clearly visible: means capable of being read without obstruction by an occupant of a vehicle traveling on the main traveled way of a street or highway within the visibility area. See Utah Code 72-7-502
• Commercial or industrial activities: means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following are commercial or industrial activities:

  (a)	agricultural, forestry, grazing, farming, and related activities, including wayside fresh produce stands;

  (b)	transient or temporary activities;

  (c)	activities not visible from the main-traveled way;

  (d)	activities conducted in a building principally used as a residence; and

  (e)

  railroad tracks and minor sidings. See Utah Code 72-7-502 Commercial or industrial zone: means only: (i)  those areas within the boundaries of cities or towns that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations; (ii)  those areas within the boundaries of urbanized counties that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations; (iii)  those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns that: (A)  are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under comprehensive local zoning ordinances or regulations or enabling state legislation; and (B)  are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way; or (iv)  those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way that are reserved for business, commerce, or trade under enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually used for commercial or industrial purposes. See Utah Code 72-7-502 Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 Comprehensive local zoning ordinances or regulations: means a municipality's comprehensive plan required by Section 10-9a-401, the municipal zoning plan authorized by Section 10-9a-501, and the county master plan authorized by Sections 17-27a-401 and 17-27a-501. See Utah Code 72-7-502 Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102 Container: means a receptacle that contains an alcoholic product, including: (a)  a bottle; (b)  a vessel; or (c)  a similar item. See Utah Code 32B-1-102 Contiguous: means that a portion of one parcel of land is situated immediately adjacent to, and shares a common boundary with, a portion of another parcel of land. See Utah Code 72-7-502 Contract: A legal written agreement that becomes binding when signed. Controlled route: means any route where outdoor advertising control is mandated by state or federal law, including under this part and under the Utah-Federal Agreements described in Section 72-7-501. See Utah Code 72-7-502 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. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 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. Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102 Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Directional signs: means signs containing information about public places owned or operated by federal, state, or local governments or their agencies, publicly or privately owned natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural scenic beauty or naturally suited for outdoor recreation, that the department considers to be in the interest of the traveling public. See Utah Code 72-7-502 Distillery manufacturing license: means a license issued in accordance with 4. See Utah Code 32B-1-102 Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being. See Utah Code 72-7-502 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. Federal aid primary highway: means that portion of connected main highways located within this state officially designated by the department and approved by the United States Secretary of Transportation under Title 23, Highways, U. See Utah Code 72-1-102 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. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102 Highway authority: means the department or the legislative, executive, or governing body of a county or municipality. See Utah Code 72-1-102 Highway service zone: means a highway service area where the primary use of the land is used or reserved for commercial and roadside services other than outdoor advertising to serve the traveling public. See Utah Code 72-7-502 Highway-railroad grade crossing: means : (a)  an intersection where a railroad track crosses a highway at the same level; or (b)  an intersection where the railroad track of a railroad entity crosses the railroad track of another railroad entity at the same level. See Utah Code 72-7-601 Implement of husbandry: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102 Interchange or intersection: means those areas and their approaches where traffic is channeled off or onto an interstate route, excluding the deceleration lanes, acceleration lanes, or feeder systems, from or to another federal, state, county, city, or other route. See Utah Code 72-7-502 Interstate system: means any highway officially designated by the department and included as part of the national interstate and defense highways, as provided in the Federal Aid Highway Act of 1956 and any supplemental acts or amendments. See Utah Code 72-1-102 Junk: means old or scrap copper, brass, rope, rags, batteries, plastic, paper, trash, rubber, waste, junked, dismantled, or wrecked automobiles or their parts, and iron, steel, and other old or scrap ferrous or nonferrous material. See Utah Code 72-7-202 Junkyard: means any place, establishment, or business maintained, used, or operated for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. See Utah Code 72-7-202 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 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 License: means : (a)  a retail license; (b)  a sublicense; (c)  a license issued in accordance with 4; (d)  a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (e)  a license issued in accordance with Chapter 12, Liquor Warehousing License Act; (f)  a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or (g)  a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102 Licensee: means a person who holds a license. See Utah Code 32B-1-102 Liquor: includes : (A)  heavy beer; (B)  wine; and (C)  a flavored malt beverage. See Utah Code 32B-1-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Main-traveled way: means the through traffic lanes, including auxiliary lanes, acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads and ramps. See Utah Code 72-7-502 Maintain: means to allow to exist, subject to the provisions of this chapter. See Utah Code 72-7-502 Maintenance: means to repair, refurbish, repaint, or otherwise keep an existing sign structure safe and in a state suitable for use, including signs destroyed by vandalism or an act of God. See Utah Code 72-7-502 Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102 manufacturing license: means an alcoholic product manufacturing license issued under this chapter. See Utah Code 32B-11-102 National highway systems highways: means that portion of connected main highways located within this state officially designated by the department and approved by the United States Secretary of Transportation under Title 23, Highways, U. See Utah Code 72-1-102 Off-premise sign: means a sign located in an area zoned industrial, commercial, or H-1 and in an area determined by the department to be unzoned industrial or commercial that advertises an activity, service, event, person, or product located on premises other than the premises on which the sign is located. See Utah Code 72-7-502 Official signs and notices: means signs and notices erected and maintained by public agencies within their territorial or zoning jurisdictions for the purpose of carrying out official duties or responsibilities in accordance with direction or authorization contained in federal, state, or local law. See Utah Code 72-7-502 On-premise sign: means a sign used to advertise the sale or lease of, or activities conducted on, the property on which the sign is located. See Utah Code 72-7-502 Outdoor advertising: means any outdoor advertising structure or outdoor structure used in combination with an outdoor advertising sign or outdoor sign within the outdoor advertising corridor which is visible from a place on the main-traveled way of a controlled route. See Utah Code 72-7-502 Outdoor advertising corridor: means a strip of land 660 feet wide, measured perpendicular from the edge of a controlled highway right-of-way. See Utah Code 72-7-502 outdoor structure: means any sign structure, including any necessary devices, supports, appurtenances, and lighting that is part of or supports an outdoor sign. See Utah Code 72-7-502 Package agency: means a retail liquor location operated: (a)  under an agreement with the department; and (b)  by a person: (i)  other than the state; and (ii)  who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102 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. Permittee: means a person issued a permit under: (a)  Chapter 9, Event Permit Act; or (b)  Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102 Person: means :Utah Code 68-3-12.5 Point of widening: means the point of the gore or the point where the intersecting lane begins to parallel the other lanes of traffic, but the point of widening may never be greater than 2,640 feet from the center line of the intersecting highway of the interchange or intersection at grade. See Utah Code 72-7-502 Port-of-entry: includes inspection and checking stations and weigh stations. See Utah Code 72-1-102 Port-of-entry agent: means a person employed at a port-of-entry to perform the duties specified in Section 72-9-501. See Utah Code 72-1-102 Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public assembly facility: means a convention facility as defined under Section 59-12-602 that: (a)  includes all contiguous interests in land, improvements, and utilities acquired, constructed, and used in connection with the operation of the public assembly facility, whether the interests are owned or held in fee title or a lease or easement for a term of at least 40 years, and regardless of whether the interests are owned or operated by separate governmental authorities or districts; (b)  is wholly or partially funded by public money; (c)  requires a person attending an event at the public assembly facility to purchase a ticket or that otherwise charges for the use of the public assembly facility as part of its regular operation; and (d)  has a minimum and permanent seating capacity of at least 10,000 people. See Utah Code 72-7-502 Public Service Commission: means the Public Service Commission of Utah created in Section 54-1-1. See Utah Code 72-7-601 Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102 Railroad entity: means an entity, a company, a person, or a public transit provider that owns, controls, operates, or manages a railroad. See Utah Code 72-7-601 Record: includes : (i)  a book; (ii)  a book of account; (iii)  a paper; (iv)  a contract; (v)  an agreement; (vi)  a document; or (vii)  a recording in any medium. See Utah Code 32B-1-102 Relocation: includes the removal of a sign from one situs together with the erection of a new sign upon another situs in a commercial or industrial zoned area as a substitute. See Utah Code 72-7-502 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. Remodel: means the upgrading, changing, alteration, refurbishment, modification, or complete substitution of a new outdoor advertising structure for one permitted pursuant to this part and that is located in a commercial or industrial area. See Utah Code 72-7-502 Rest area: means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control for the convenience of the traveling public. See Utah Code 72-7-502 Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102 Road: includes :Utah Code 68-3-12.5 Semitrailer: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102 Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102 Staff: includes : (i)  an officer; (ii)  a director; (iii)  an employee; (iv)  personnel management; (v)  an agent of the licensee, including a managing agent; (vi)  an operator; or (vii)  a representative. See Utah Code 32B-1-102 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 State highway: means those highways designated as state highways in Title 72, Chapter 4, Designation of State Highways Act. See Utah Code 72-1-102 Statute: A law passed by a legislature. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trailer: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102 Traveled way: means that portion of the roadway used for the movement of vehicles, exclusive of shoulders and auxiliary lanes. See Utah Code 72-7-502 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Truck tractor: has the meaning set forth in Section 41-1a-102. See Utah Code 72-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unzoned commercial or industrial area: means : (i)  those areas not zoned by state law or local law, regulation, or ordinance that are occupied by one or more industrial or commercial activities other than outdoor advertising signs; (ii)  the lands along the highway for a distance of 600 feet immediately adjacent to those activities; and (iii)  lands covering the same dimensions that are directly opposite those activities on the other side of the highway, if the department determines that those lands on the opposite side of the highway do not have scenic or aesthetic value. See Utah Code 72-7-502 Urbanized county: means a county with a population of at least 125,000 persons. See Utah Code 72-7-502 Visibility area: means the area on a street or highway that is: (a)  defined at one end by a line extending from the base of the billboard across all lanes of traffic of the street or highway in a plane that is perpendicular to the street or highway; and (b)  defined on the other end by a line extending across all lanes of traffic of the street or highway in a plane that is: (i)  perpendicular to the street or highway; and (ii)  500 feet from the base of the billboard. See Utah Code 72-7-502 Wine: includes : (i)  an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102 Winery manufacturing license: means a license issued in accordance with 3. See Utah Code 32B-1-102 Writing: includes :Utah Code 68-3-12.5