17-64-502. Ordinances -- Effective dates -- Publication -- Adoption of ordinances printed in book form -- Review of nuisance ordinances.
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Effective 11/6/2025
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:".
(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.
(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
(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