10-3-704. Form of ordinance.

337 words·~2 min read·/ut/title-10/chapter-3/10-3-704

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/14/2019

The governing body shall ensure that any ordinance that the governing body passes contains the following, in substantially the following order and form:

(1)a number;

(2)a title which indicates the nature of the subject matter of the ordinance;

(3)a preamble which states the need or reason for the ordinance;

(4)an ordaining clause which states "Be it ordained by the ____ (name of the governing body and municipality):";

(5)the body or subject of the ordinance;

(6)when applicable, a statement indicating the penalty for violation of the ordinance or a reference that the punishment is covered by an ordinance which prescribes the fines and terms of imprisonment for the violation of a municipal ordinance; or, the penalty may establish a classification of penalties and refer to such ordinance in which the penalty for such violation is established;

(7)when a penalty for a violation of the ordinance includes any possibility of imprisonment, a statement that the municipality is required, under Section 78B-22-301 , to provide for indigent defense services, as that term is defined in Section 78B-22-102 ;

(8)a statement indicating the effective date of the ordinance or the date when the ordinance shall become effective after publication or posting as required by this chapter;

(9)a line for the signature of the mayor or acting mayor to sign the ordinance;

(10)a place for the municipal recorder to attest the ordinance and fix the seal of the municipality; and

(11)in municipalities where the mayor may disapprove an ordinance passed by the legislative body, a statement showing:

(a)if the mayor approves the ordinance, that the governing body passes the ordinance with the mayor's approval;

(b)if the mayor disapproves the ordinance, that the governing body passes the ordinance over the mayor's disapproval; or

(c)if the mayor neither approves or disapproves the ordinance, that the ordinance became effective without the approval or disapproval of the mayor.

Amended by Chapter 326 , 2019 General Session