Ordinances and Policies

Utah Code tit. 17, ch. 17-64, pt. 17-64-P5

in effect

Utah Code § 17-64-501 Ordinances -- Power to enact -- Penalty for violation.

17-64-501. Ordinances -- Power to enact -- Penalty for violation. (1) A legislative body may: (a) pass ordinances: (i) necessary for carrying into effect or discharging the powers and duties conferred by this title; and (ii) as are necessary and proper to provide for the safety, and preserve the health, promote the prosperity, improve the morals, peace, and good order, comfort, and convenience of the county and county inhabitants, and for the protection of property in the county; (b) enforce obedience to ordinances with fines or penalties as the legislative body considers proper; (c) pass ordinances to control air pollution; (d) pass resolutions; and (e) make or adopt policies that conform with a county ordinance, county resolution, or provision of state or federal law. (2) (a) Except for an ordinance described in Subsection 17-64-502(6), a legislative body shall, before passing an ordinance under Subsection (1), consider the impact the proposed ordinance may have on family health, stability, and formation. (b) Failure to comply with Subsection (2)(a) does not: (i) invalidate an ordinance enacted by the legislative body; or (ii) create a cause of action against the county or the legislative body. (3) (a) (i) Punishment imposed under Subsection (1)(b) shall be by fine, imprisonment, or both fine and imprisonment. (ii) A fine imposed under Subsection (3)(a)(i) may not exceed the maximum fine for a class B misdemeanor under Section 76-3-301. (b) Notwithstanding Subsection (3)(a), a county may not impose a criminal penalty greater than an infraction for a violation pertaining to an individual's pet, as defined in Section 4-12-102, or an individual's use of the individual's residence unless: (i) the violation: (A) is a private nuisance as described in Section 78B-6a-101; and (B) threatens the health, safety, or welfare of the individual or an identifiable third party; or (ii) the county has imposed a fine on the individual for a violation that involves the same residence or pet on three previous occasions within the past 12 months. (c) Subsection (3)(b) does not apply to county enforcement of a building code or fire code ordinance in accordance with Title 15A, State Construction and Fire Codes Act. (d) When a penalty for a violation of an ordinance includes any possibility of imprisonment, the legislative body shall include in the ordinance a statement that the county is required, under Section 78B-22-301, to provide for indigent defense services, as that term is defined in Section 78B-22-102. (e) Notwithstanding any other provision of law, the following may issue a criminal citation for a violation that is punished as a misdemeanor if the violation threatens the health and safety of an animal or the public: (i) a fire officer described in Section 53-7-102; (ii) a law enforcement officer described in Section 53-13-103; or (iii) an animal control officer described in Section 11-46-102. (4) (a) Except as specifically authorized by statute, the legislative body may not impose a civil penalty for the violation of a county traffic ordinance. (b) Subsection (4)(a) does not apply to an ordinance regulating the parking of vehicles on a highway. (5) A county may not issue more than one infraction within a 14-day period for a violation described in Subsection (3)(b) that is ongoing. Amended by Chapter 401, 2026 General Session

Utah Code § 17-64-502 Ordinances -- Effective dates -- Publication -- Adoption of ordinances printed in book form -- Review of nuisance ordinances.

17-64-502. Ordinances -- Effective dates -- Publication -- Adoption of ordinances printed in book form -- Review of nuisance ordinances. (1) The enacting clause of an ordinance adopted by the county legislative body shall be as follows: "The County Legislative Body of ______________County ordains as follows:". (2) (a) The chair shall sign, and the county clerk shall attest to, each ordinance. (b) If the legislative body votes to adopt an ordinance, county staff shall: (i) record the vote of each member in attendance and enter each vote in the minutes of the meeting; and (ii) enter the full text of the adopted ordinance in the county ordinance book. (3) (a) Except as provided in Subsection (6), no ordinance passed by the legislative body may take effect within less than 15 days after passage of the ordinance. (b) The legislative body shall, before the ordinance may take effect: (i) deposit a copy of the ordinance in the office of the county clerk; and (ii) (A) publish a short summary of the ordinance, together with a statement that a complete copy of the ordinance is available at the county clerk's office and with the name of the members voting for and against the ordinance: (I) for at least one publication in: (Aa) a newspaper published in and having general circulation in the county, if there is one; or (Bb) if there is none published in the county, in a newspaper of general circulation within the county; and (II) as required in Section 45-1-101; or (B) post a complete copy of the ordinance in nine public places within the county. (4) Any ordinance printed by authority of the legislative body in book form or electronic media, or any general revision of county ordinances printed in book form or electronic media, may be adopted by an ordinance making reference to the printed ordinance or revision if a copy of the ordinance or revision is filed in the office of the county clerk at the time of adoption for use and examination by the public. (5) If the legislative body adopts an ordinance establishing rules and regulations, printed as a code in book form or electronic media, for the construction of buildings, the installation of plumbing, the installation of electric wiring, or other related or similar work, the legislative body may adopt the ordinance by reference to the code book if a copy of the code book is filed in the office of the county clerk at the time of the adoption of the ordinance for use and examination by the public. (6) If, in the opinion of the legislative body, an ordinance is necessary for the immediate preservation of the peace, health, or safety of the county and the county's inhabitants, the ordinance may, if clearly stated in the ordinance, take effect immediately upon publication in one issue of a newspaper published in and having general circulation in the county, if there is one, and if there is none published in the county, then immediately after posting at the courthouse door. (7) An ordinance may take effect at a later date than provided in this section, if the ordinance clearly states the later effective date. (8) An order entered in the minutes of the legislative body that an ordinance has been duly published or posted shall be prima facie proof of the publication or posting. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-64-503 Duty of county legislative body to provide for operation and functioning of county personnel -- Conflicts with state or federal law.

17-64-503. Duty of county legislative body to provide for operation and functioning of county personnel -- Conflicts with state or federal law. (1) It is the duty of the legislative body to provide for the operation and functioning of any activity within the purpose and spirit of Chapter 75, General County Personnel Management, and Chapter 76, County Emergency Personnel Management, which is necessary and expedient. (2) Notwithstanding any provision to the contrary, a legislative body may not adopt an ordinance or resolution that would deprive the county or any county departments, agencies, or institutions of state or federal grants or other forms of financial assistance. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-64-504 Administrative hearings and procedures -- Penalty for code violation.

17-64-504. Administrative hearings and procedures -- Penalty for code violation. (1) A legislative body may adopt an ordinance establishing an administrative hearing process to review and decide matters relating to the violation, enforcement, or administration of a county civil ordinance, including an ordinance related to the following: (a) a building code; (b) planning and zoning; (c) animal control; (d) licensing; (e) health and safety; (f) county employment; or (g) sanitation. (2) An ordinance adopted in accordance with Subsection (1) shall provide appropriate due process protections for a party participating in an administrative hearing. (3) An administrative hearing held in accordance with an ordinance described in Subsection (1) may be conducted by an administrative law judge. (4) A county may not impose a civil penalty and adjudication for the violation of a county moving traffic ordinance. (5) (a) A county may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the county provides to the individual who is subject to the penalty written notice that: (i) identifies the relevant regulation or ordinance at issue; (ii) specifies the violation of the relevant regulation or ordinance; and (iii) provides for a reasonable time to cure the violation, taking into account the cost of curing the violation. (b) A county may not collect on a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance that is outstanding or pending on or after May 14, 2019, unless the county imposed the outstanding or pending penalty in relation to a written notice that: (i) identified the relevant regulation or ordinance at issue; (ii) specified the violation of the relevant regulation or ordinance; and (iii) provided for a reasonable time to cure the violation, taking into account the cost of curing the violation. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-64-505 Business license fees and taxes -- Application information to be transmitted to the county assessor.

17-64-505. Business license fees and taxes -- Application information to be transmitted to the county assessor. (1) As used in this section, "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. (2) Except as provided in Subsection (4), the legislative body may by ordinance: (a) provide for the licensing of businesses within the unincorporated areas of the county for the purpose of regulation; and (b) impose fees on businesses to recover the county's costs of regulation. (3) All license fees and taxes shall be uniform in respect to the class upon which the license fees and taxes are imposed. (4) (a) As used in this Subsection (4): (i) (A) "Event requirement" means a requirement a county imposes on individuals who participate in a county event. (B) "Event requirement" does not include a requirement that is inconsistent with Subsection (4)(b). (ii) "Exempt individual" means an individual who, under Subsection (4)(b), may not be required to have a business license or permit. (iii) "County event" means an event hosted or sponsored by a county. (b) A county may not require 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 (4)(b) does not prevent a county from imposing an event requirement on an exempt individual who participates in a county event. (5) A county may not: (a) charge a license fee for 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; or (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. (6) The county business licensing agency shall transmit the information from each approved business license application to the county assessor within 60 days after the day on which the licensing agency approves the application. (7) This section may not be construed to enhance, diminish, or otherwise alter the taxing power of counties existing before the effective date of Laws of Utah 1988, Chapter 144. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter64/17-64-P5.html?v=C17-64-P5_2025110620251206Fetched: 10/26/2026