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

554 words·~3 min read·/ut/title-17/chapter-64/17-64-501

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

Effective 5/6/2026

(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.

(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.

(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 .

(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