Municipalities

Utah Code tit. 10, ch. 10-1, pt. 10-1-P2

in effect

Utah Code § 10-1-201 Municipalities as political subdivisions of the state.

10-1-201. Municipalities as political subdivisions of the state. Municipalities shall be political subdivisions of the State of Utah, municipal corporations, and bodies politic with perpetual existence unless disincorporated according to law. Enacted by Chapter 48, 1977 General Session

Utah Code § 10-1-201.5 Metro townships converted to municipalities -- Classification -- Form of government -- Continuity of operations.

10-1-201.5. Metro townships converted to municipalities -- Classification -- Form of government -- Continuity of operations. (1) As used in this section: (a) "Converted municipality" means a municipality that is converted from an incorporated township into a municipality under Subsection (2). (b) "Incorporated township" means a metro township incorporated under Laws of Utah 2015, Chapter 352, Sections 50 through 62. (2) As of May 1, 2024, an incorporated township is automatically converted into a municipality. (3) The classification of a converted municipality is governed by Section 10-2-301, based on the converted municipality's population on May 1, 2024. (4) (a) The powers of municipal government of a converted municipality are vested in a five-member council, as provided in Chapter 3b, Part 4, Five-Member Council Form of Municipal Government. (b) Subsection (4)(a) does not limit a converted municipality's ability to change the converted municipality's form of government, as provided in Chapter 3b, Part 6, Changing to Another Form of Municipal Government. (c) (i) Notwithstanding Chapter 3b, Part 6, Changing to Another Form of Municipal Government, the council of a converted municipality may, by a resolution adopted before July 1, 2024 by two-thirds of all council members, change the converted municipality's form of government to another form listed in Subsection 10-3b-601(1). (ii) If a converted municipality's form of government is changed under Subsection (4)(c)(i), the election of municipal officers under the new form of government is governed by Section 10-3b-606. (5) (a) The members of a converted municipality's council on May 1, 2024 consist of the individuals serving as council members for the incorporated township immediately before the incorporated township was converted into a municipality under Subsection (2), with the mayor of the incorporated township becoming the mayor of the converted municipality. (b) (i) Subject to Subsection (4)(c), if applicable, and to Subsection (5)(b)(ii), the term of office of a member of the converted municipality's council on May 1, 2024 is the same as the term of office that would have applied to the council member if the incorporated township had not converted to a municipality under Subsection (2). (ii) (A) The office of mayor of a converted municipality is subject to election beginning the first municipal election after the incorporated township converts to a municipality under Subsection (2). (B) The term of office of the mayor of a converted municipality continues from May 1, 2024 until a successor to the office of mayor is elected and qualified. (6) (a) Upon an incorporated township's conversion to a municipality under Subsection (2): (i) each ordinance, resolution, or policy of the incorporated township becomes the ordinance, resolution, or policy of the converted municipality; (ii) the converted municipality may continue to: (A) operate and function as the incorporated township had been operating and functioning before the conversion; and (B) provide services the incorporated township had been providing before the conversion; (iii) a converted municipality may, after the conversion, continue to impose and collect a tax, fee, fine, or other charge that the incorporated township was authorized to impose and collect before the conversion; (iv) a proceeding pending before the incorporated township at the time of conversion continues without change before the converted municipality; (v) a right or privilege of the incorporated township becomes the right or privilege of the converted municipality; and (vi) a contractual or other obligation of the incorporated township, including a contractual or other obligation with another governmental entity, becomes the contractual or other obligation of the converted municipality. (b) An ordinance that under Subsection (6)(a)(i) becomes an ordinance of the converted municipality includes a county ordinance that became an ordinance of the incorporated township under Laws of Utah 2016, Chapter 176, Section 2 and has not been repealed, subject to any amendment of that ordinance that the incorporated township enacted before the incorporated township's conversion to a municipality under Subsection (2). (7) A converted municipality succeeds to the position of the incorporated township with respect to the incorporated township's participation or inclusion in a special district or special service district, including a municipal services district. Enacted by Chapter 438, 2024 General Session

Utah Code § 10-1-202 Power to sue, contract, adopt municipal name and seal.

10-1-202. Power to sue, contract, adopt municipal name and seal. Municipalities may sue and be sued, enter into contracts and by ordinance adopt a municipal name and seal which may be changed from time to time. Enacted by Chapter 48, 1977 General Session

Utah Code § 10-1-203 License fees and taxes -- Application information to be transmitted to the county assessor.

10-1-203. License fees and taxes -- Application information to be transmitted to the county assessor. (1) As used in this section: (a) "Business" means any enterprise carried on for the purpose of gain or economic profit, except that the acts of employees rendering services to employers are not included in this definition. (b) "Telecommunications provider" means the same as that term is defined in Section 10-1-402. (c) "Telecommunications tax or fee" means the same as that term is defined in Section 10-1-402. (2) Except as provided in Subsections (3) through (5) and Subsection (7), the legislative body of a municipality may license for the purpose of regulation any business within the limits of the municipality, may regulate that business by ordinance, and may impose fees on businesses to recover the municipality's costs of regulation. (3) (a) The legislative body of a municipality may raise revenue by levying and collecting a municipal energy sales or use tax as provided in Part 3, Municipal Energy Sales and Use Tax Act, except a municipality may not levy or collect a franchise tax or fee on an energy supplier other than the municipal energy sales and use tax provided in Part 3, Municipal Energy Sales and Use Tax Act. (b) (i) Subsection (3)(a) does not affect the validity of a franchise agreement as defined in Subsection 10-1-303(7), that is in effect on July 1, 1997, or a future franchise. (ii) A franchise agreement as defined in Subsection 10-1-303(7) in effect on January 1, 1997, or a future franchise shall remain in full force and effect. (c) A municipality that collects a contractual franchise fee pursuant to a franchise agreement as defined in Subsection 10-1-303(7) with an energy supplier that is in effect on July 1, 1997, may continue to collect that fee as provided in Subsection 10-1-310(2). (d) (i) Subject to the requirements of Subsection (3)(d)(ii), a franchise agreement as defined in Subsection 10-1-303(7) between a municipality and an energy supplier may contain a provision that: (A) requires the energy supplier by agreement to pay a contractual franchise fee that is otherwise prohibited under Part 3, Municipal Energy Sales and Use Tax Act; and (B) imposes the contractual franchise fee on or after the day on which Part 3, Municipal Energy Sales and Use Tax Act is: (I) repealed, invalidated, or the maximum allowable rate provided in Section 10-1-305 is reduced; and (II) not superseded by a law imposing a substantially equivalent tax. (ii) A municipality may not charge a contractual franchise fee under the provisions permitted by Subsection (3)(b)(i) unless the municipality charges an equal contractual franchise fee or a tax on all energy suppliers. (4) (a) Subject to Subsection (4)(b), beginning July 1, 2004, the legislative body of a municipality may raise revenue by levying and providing for the collection of a municipal telecommunications license tax as provided in Part 4, Municipal Telecommunications License Tax Act. (b) A municipality may not levy or collect a telecommunications tax or fee on a telecommunications provider except as provided in Part 4, Municipal Telecommunications License Tax Act. (5) (a) (i) The legislative body of a municipality may by ordinance raise revenue by levying and collecting a license fee or tax on: (A) a parking service business in an amount that is less than or equal to: (I) $1 per vehicle that parks at the parking service business; or (II) 2% of the gross receipts of the parking service business; (B) a public assembly or other related facility in an amount that is less than or equal to $5 per ticket purchased from the public assembly or other related facility; and (C) subject to the limitations of Subsections (5)(c) and (d): (I) a business that causes disproportionate costs of municipal services; or (II) a purchaser from a business for which the municipality provides an enhanced level of municipal services. (ii) Nothing in this Subsection (5)(a) may be construed to authorize a municipality to levy or collect a license fee or tax on a public assembly or other related facility owned and operated by another political subdivision other than a community reinvestment agency without the written consent of the other political subdivision. (b) As used in this Subsection (5): (i) "Municipal services" includes: (A) public utilities; and (B) services for: (I) police; (II) fire; (III) storm water runoff; (IV) traffic control; (V) parking; (VI) transportation; (VII) beautification; or (VIII) snow removal. (ii) "Parking service business" means a business: (A) that primarily provides off-street parking services for a public facility that is wholly or partially funded by public money; (B) that provides parking for one or more vehicles; and (C) that charges a fee for parking. (iii) "Public assembly or other related facility" means an assembly facility that: (A) is wholly or partially funded by public money; (B) is operated by a business; and (C) requires a person attending an event at the assembly facility to purchase a ticket. (c) (i) Before the legislative body of a municipality imposes a license fee on a business that causes disproportionate costs of municipal services under Subsection (5)(a)(i)(C)(I), the legislative body of the municipality shall adopt an ordinance defining for purposes of the tax under Subsection (5)(a)(i)(C)(I): (A) the costs that constitute disproportionate costs; and (B) the amounts that are reasonably related to the costs of the municipal services provided by the municipality. (ii) The amount of a fee under Subsection (5)(a)(i)(C)(I) shall be reasonably related to the costs of the municipal services provided by the municipality. (d) (i) Before the legislative body of a municipality imposes a license fee on a purchaser from a business for which it provides an enhanced level of municipal services under Subsection (5)(a)(i)(C)(II), the legislative body of the municipality shall adopt an ordinance defining for purposes of the fee under Subsection (5)(a)(i)(C)(II): (A) the level of municipal services that constitutes the basic level of municipal services in the municipality; and (B) the amounts that are reasonably related to the costs of providing an enhanced level of municipal services in the municipality. (ii) The amount of a fee under Subsection (5)(a)(i)(C)(II) shall be reasonably related to the costs of providing an enhanced level of the municipal services. (6) All license fees and taxes shall be uniform in respect to the class upon which they are imposed. (7) (a) As used in this Subsection (7): (i) (A) "Event requirement" means a requirement a municipality imposes on individuals who participate in a municipal event. (B) "Event requirement" does not include a requirement that is inconsistent with Subsection (7)(b). (ii) "Exempt individual" means an individual who, under Subsection (7)(b), may not be required to have a business license or permit. (iii) "Municipal event" means an event hosted or sponsored by a municipality. (b) A municipality may notrequire a license or permit for a business that is operated: (i) only occasionally; and (ii) by an individual who is under 19 years old. (c) Subsection (7)(b) does not prevent a municipality from imposing an event requirement on an exempt individual who participates in a municipal event. (8) A municipality may not: (a) charge any fee for a resident of the municipality to operate a home-based business, unless the combined offsite impact of the home-based business and the primary residential use materially exceeds the offsite impact of the primary residential use alone; (b) require, as a condition of obtaining or maintaining a license or permit for a business: (i) that an employee or agent of a business complete education, continuing education, or training that is in addition to requirements under state law or state licensing requirements; or (ii) that a business disclose financial information, inventory amounts, or proprietary business information, except as specifically authorized under state or federal law. (9) (a) Notwithstanding Subsection (8)(a), a municipality may charge an administrative fee for a license to a home-based business owner who is otherwise exempt under Subsection (8)(a) but who requests a license from the municipality. (b) A municipality shall notify the owner of each home-based business of the exemption described in Subsection (8)(a) in any communication with the owner. (10) The municipality shall transmit the information from each approved business license application to the county assessor within 60 days following the approval of the application. (11) If challenged in court, an ordinance enacted by a municipality before January 1, 1994, imposing a business license fee on rental dwellings under this section shall be upheld unless the business license fee is found to impose an unreasonable burden on the fee payer. Amended by Chapter 419, 2024 General Session Amended by Chapter 423, 2024 General Session

Utah Code § 10-1-203.5 Disproportionate rental fee -- Good landlord training program -- Fee reduction.

10-1-203.5. Disproportionate rental fee -- Good landlord training program -- Fee reduction. (1) As used in this section: (a) "Business" means the rental of one or more residential units within a municipality. (b) "Disproportionate rental fee" means a fee adopted by a municipality to recover its disproportionate costs of providing municipal services to residential rental units compared to similarly-situated owner-occupied housing. (c) "Disproportionate rental fee reduction" means a reduction of a disproportionate rental fee as a condition of complying with the requirements of a good landlord training program. (d) "Exempt business" means the rental of a residential unit within a single structure that contains: (i) no more than four residential units; and (ii) one unit occupied by the owner. (e) "Exempt landlord" means a residential landlord who demonstrates to a municipality: (i) completion of any live good landlord training program offered by any other Utah city that offers a good landlord program; (ii) that the residential landlord has a current professional designation of "property manager"; or (iii) compliance with a requirement described in Subsection (6). (f) "Good landlord training program" means a program offered by a municipality to encourage business practices that are designed to reduce the disproportionate cost of municipal services to residential rental units by offering a disproportionate rental fee reduction for any residential landlord who: (i) (A) completes a landlord training program provided by the municipality; or (B) is an exempt landlord; (ii) implements measures to reduce crime in rental housing as specified in a municipal ordinance or policy; and (iii) operates and manages rental housing in accordance with an applicable municipal ordinance. (g) "Municipal services" means: (i) public utilities; (ii) police; (iii) fire; (iv) code enforcement; (v) storm water runoff; (vi) traffic control; (vii) parking; (viii) transportation; (ix) beautification; or (x) snow removal. (h) "Municipal services study" means a study of the cost of all municipal services to rental housing that: (i) are reasonably attributable to the rental housing; and (ii) exceed the municipality's cost to serve similarly-situated, owner-occupied housing. (i) "Residential landlord" means: (i) the owner of record of residential real property that is leased or rented to another; or (ii) a third-party provider that has an agreement with the owner of record to manage the owner's real property. (2) The legislative body of a municipality may charge and collect a disproportionate rental fee on a business that causes disproportionate costs to municipal services if the municipality: (a) has performed a municipal services study; and (b) adopts a disproportionate rental fee that does not exceed the amount that is justified by the municipal services study on a per residential rental unit basis. (3) A municipality may not: (a) impose a disproportionate rental fee on an exempt business; (b) require a residential landlord to deny tenancy to an individual based on the individual's criminal history, unless a facility that houses parolees upon release from prison or houses probationers who have violated the terms of their probation is located within the municipality; (c) without cause and notice, require a residential landlord to submit to a random building inspection; (d) unless agreed to by a residential landlord and in compliance with state and federal law, collect from a residential landlord or retain: (i) a tenant's consumer report, as defined in 15 U.S.C. Sec. 1681a, in violation of 15 U.S.C. Sec. 1681b as amended; (ii) a tenant's criminal history record information in violation of Section 53-10-108; or (iii) a copy of an agreement between the residential landlord and a tenant regarding the tenant's term of occupancy, rent, or any other condition of occupancy; (e) require that any documents required from the landlord be notarized; or (f) prohibit a residential landlord from passing on to the tenant the license or disproportionate fee. (4) Nothing in this section shall limit: (a) a municipality's right to audit and inspect an exempt residential landlord's records to ensure compliance with a disproportionate rental fee reduction program; or (b) the right of a municipality with a short-term or vacation rental ordinance to review an owner's rental agreement to verify compliance with the municipality's ordinance. (5) Notwithstanding Section 10-11-2, a residential landlord may provide the name and address of a person to whom all correspondence regarding the property shall be sent. If the landlord provides the name and address in writing, the municipality shall provide all further correspondence regarding the property to the designated person. The municipality may also provide copies of notices to the residential landlord. (6) In addition to a requirement or qualification described in Subsection (1)(e), a municipality may recognize a good landlord training program described in its ordinance. (7) (a) If a municipality adopts a good landlord program, the municipality shall provide an appeal procedure affording due process of law to a residential landlord who is denied a disproportionate rental fee reduction. (b) A municipality may not adopt a new disproportionate rental fee unless the municipality provides a disproportionate rental fee reduction. (8) A property manager who represents an owner of property that qualifies for a municipal disproportionate rental fee may not be restricted from simultaneously representing another owner of property that does not qualify for a municipal disproportionate rental fee. Amended by Chapter 230, 2020 General Session

Utah Code § 10-1-204 Registration as a local government entity.

10-1-204. Registration as a local government entity. (1) (a) Each municipality shall register and maintain the municipality's registration as a local government entity, in accordance with Section 67-1a-15. (b) The municipal recorder shall register and maintain the registration on behalf of the municipality. (2) A municipality that fails to comply with Subsection (1) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1. Amended by Chapter 30, 2020 General Session

Utah Code § 10-1-205 Training requirements.

10-1-205. Training requirements. A municipality shall ensure that any training that the municipality requires of a municipal officer or employee complies with Title 63G, Chapter 22, State Training and Certification Requirements. Enacted by Chapter 200, 2018 General Session

Utah Code § 10-1-206 Sister municipality restriction.

10-1-206. Sister municipality restriction. (1) As used in this section, "forced labor" means labor from a child or an adult that is obtained through the use of force or coercion. (2) A municipality may not enter into or renew a sister city agreement or arrangement with another municipality unless the other municipality confirms that there are no forced labor production facilities within the other municipality's borders. (3) An agreement in violation of Subsection (2) is void. Enacted by Chapter 495, 2024 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title10/Chapter1/10-1-P2.html?v=C10-1-P2_1800010118000101Fetched: 10/26/2026