10-8 - Powers and Duties of Municipalities

Title 10 > 10-8

Sections (107)

10-8-1 - Control of finances and property.

The boards of commissioners and city councils of cities shall have the power to control the finances and property of the corporation.

10-8-1.5 - Authority to make benefits generally available to employees, their dependents, and an adult designee — Registry authorized — Limitations.

10-8-1.5(1) A municipality may, by ordinance enacted by the municipal legislative body, make benefits generally available to all municipal employees, their dependents, and an unmarried employee’s financially dependent or interdependent adult designee. 10-8-1.5(2) Subject to Subsection (2)(b), a municipality may, by ordinance enacted by the municipal legislative body, create a registry for adult relationships of financial dependence or interdependence. A municipality may not create or maintain a registry or other means that defines, identifies, or recognizes and gives legal status or effect to a domestic partnership, civil union, or domestic cohabitation relationship other than marriage. 10-8-1.5(3) The municipality’s recognition of an adult designee, the creation and maintenance of a registry under Subsection (2)(a), and any certificate issued to or other designation of a person on the municipality’s registry are not and may not be treated the same as or substantially equivalent to marriage. 10-8-1.5(4) Neither an ordinance under Subsection (1) or (2)(a) nor a registry created under Subsection (2)(a) making an employee benefit available to an adult designee may create, modify, or affect a spousal, marital, or parental status, duty, or right. 10-8-1.5(5) An ordinance, executive order, rule, or regulation adopted or other action taken before, on, or after May 5, 2008 that is inconsistent with this section is void.

10-8-1.7 - Use of incremental tax revenue for relocation expenses of displaced mobile home park residents.

10-8-1.7(1) As used in this section:

“Displaced mobile home park resident” means a resident within a mobile home park who is required to relocate his or her residence from the mobile home park because of development activities that will change the use of the property on which the mobile home park is located. “Former mobile home park property” means property on which a mobile home park was located but whose use has changed from a mobile home park because of development activities that require mobile home park residents to relocate. “Incremental tax revenue” means property tax revenue that: is generated from a former mobile home park property located within a municipality; exceeds the amount of property tax revenue the former mobile home park property would have generated if its use had not changed from a mobile home park; and is levied and collected by:

the municipality in which the former mobile home park property is located; or another taxing entity. “Taxing entity” has the same meaning as defined in Section 59-2-102. 10-8-1.7(2) A municipality may use incremental tax revenue to pay some or all of the relocation expenses of a displaced mobile home park resident. 10-8-1.7(3) Any taxing entity may share some or all of its incremental tax revenue with a municipality for use as provided in Subsection (2).

10-8-2 - Appropriations — Acquisition and disposal of property — Municipal authority — Corporate purpose — Procedure — Notice of intent to acquire real property.

10-8-2(1) Subject to Section 11-41-103, a municipal legislative body may:appropriate money for corporate purposes only;provide for payment of debts and expenses of the corporation;subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and dispose of real and personal property for the benefit of the municipality, whether the property is within or without the municipality’s corporate boundaries, if the action is in the public interest and complies with other law;improve, protect, and do any other thing in relation to this property that an individual could do; andsubject to Subsection (2) and after first holding a public hearing, authorize municipal services or other nonmonetary assistance to be provided to or waive fees required to be paid by a nonprofit entity, whether or not the municipality receives consideration in return.A municipality may:furnish all necessary local public services within the municipality;purchase, hire, construct, own, maintain and operate, or lease public utilities located and operating within and operated by the municipality; andsubject to Subsection (1)(c), acquire by eminent domain, or otherwise, property located inside or outside the corporate limits of the municipality and necessary for any of the purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B, Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.Each municipality that intends to acquire property by eminent domain under Subsection (1)(b) shall comply with the requirements of Section 78B-6-505.Subsection (1)(b) may not be construed to diminish any other authority a municipality may claim to have under the law to acquire by eminent domain property located inside or outside the municipality. 10-8-2(2) Services or assistance provided in accordance with Subsection (1)(a)(v) is not subject to the provisions of Subsection (3).The total amount of services or other nonmonetary assistance provided or fees waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the municipality’s budget for that fiscal year. 10-8-2(3) It is considered a corporate purpose to appropriate money for any purpose that, in the judgment of the municipal legislative body, provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality subject to this Subsection (3).The net value received for any money appropriated shall be measured on a project-by-project basis over the life of the project.A municipal legislative body shall establish the criteria for a determination under this Subsection (3).A municipal legislative body’s determination of value received is presumed valid unless a person can show that the determination was arbitrary, capricious, or illegal.The municipality may consider intangible benefits received by the municipality in determining net value received.Before the municipal legislative body makes any decision to appropriate any funds for a corporate purpose under this section, the municipal legislative body shall hold a public hearing.For at least 14 days before the date of the hearing, the municipal legislative body shall publish a notice of the hearing described in Subsection (3)(d)(i) for the municipality, as a class A notice under Section 63G-30-102.Before a municipality provides notice as described in Subsection (3)(d)(ii), the municipality shall perform a study that analyzes and demonstrates the purpose for an appropriation described in this Subsection (3) in accordance with Subsection (3)(e)(iii).A municipality shall make the study described in Subsection (3)(e)(i) available at the municipality for review by interested parties at least 14 days immediately before the public hearing described in Subsection (3)(d)(i).A municipality shall consider the following factors when conducting the study described in Subsection (3)(e)(i):what identified benefit the municipality will receive in return for any money or resources appropriated;the municipality’s purpose for the appropriation, including an analysis of the way the appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality; andwhether the appropriation is necessary and appropriate to accomplish the reasonable goals and objectives of the municipality in the area of economic development, job creation, affordable housing, elimination of a development impediment, job preservation, the preservation of historic structures and property, and any other public purpose.An appeal may be taken from a final decision of the municipal legislative body, to make an appropriation.A person shall file an appeal as described in Subsection (3)(f)(i) with the district court within 30 days after the day on which the municipal legislative body makes a decision.Any appeal shall be based on the record of the proceedings before the legislative body.A decision of the municipal legislative body shall be presumed to be valid unless the appealing party shows that the decision was arbitrary, capricious, or illegal.The provisions of this Subsection (3) apply only to those appropriations made after May 6, 2002.This section applies only to appropriations not otherwise approved in accordance with Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities. 10-8-2(4) Before a municipality may dispose of a significant parcel of real property, the municipality shall:provide notice of the proposed disposition for the municipality, as a class A notice under Section 63G-30-102, for at least 14 days before the opportunity for public comment under Subsection (4)(a)(ii); andallow an opportunity for public comment on the proposed disposition.Each municipality shall, by ordinance, define what constitutesa significant parcel of real property for purposes of Subsection (4)(a). 10-8-2(5) Except as provided in Subsection (5)(d), each municipality intending to acquire real property for the purpose of expanding the municipality’s infrastructure or other facilities used for providing services that the municipality offers or intends to offer shall provide written notice, as provided in this Subsection (5), of its intent to acquire the property if:the property is located:outside the boundaries of the municipality; andin a county of the first or second class; andthe intended use of the property is contrary to:the anticipated use of the property under the general plan of the county in whose unincorporated area or the municipality in whose boundaries the property is located; orthe property’s current zoning designation.Each notice under Subsection (5)(a) shall:indicate that the municipality intends to acquire real property;identify the real property; andbe sent to:each county in whose unincorporated area and each municipality in whose boundaries the property is located; andeach affected entity.A notice under this Subsection (5) is a protected record as provided in Subsection 63G-2-305(8).The notice requirement of Subsection (5)(a) does not apply if the municipality previously provided notice under Section 10-20-203 identifying the general location within the municipality or unincorporated part of the county where the property to be acquired is located.If a municipality is not required to comply with the notice requirement of Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real property.

10-8-2.5 - Prohibition against spending certain transportation funds.

10-8-2.5(1) As used in this section:

“Apportioned” means divided or assigned among the states based on a prescribed formula established in 23 U.S.C. “Authorization act” means an act of Congress enacted after July 1, 2009 that authorizes transportation programs from the Highway Trust Fund established in 26 U.S.C. Sec. 9503. 10-8-2.5(2) A municipality may not spend project-specific funds that are allocated through an authorization act for a transportation-related project that is eligible for funds apportioned to the state in support of the statewide transportation improvement program unless the specified project is included on the statewide transportation improvement program.

10-8-3 - Tax districts.

They may divide the city into districts for the purpose of local taxation as occasion may require.

10-8-4 - Special taxes and licenses.

10-8-4(1) Municipal legislative bodies may:

subject to Subsection (2), fix the amount, terms, and manner of issuing licenses; and consistent with general law, provide the manner and form in which special taxes are levied and collected. 10-8-4(2) Municipal legislative bodies may not discriminate between resident community businesses and nonresident community businesses in establishing license requirements. Municipal legislative bodies may not impose motor vehicle delivery license fees on persons or entities who: are licensed as dealers in another municipality; or do not have a permanent business location in the municipality.

10-8-5 - Erection and care of buildings.

They may erect all needful buildings for the use of the city, and provide for their care.

10-8-6 - Borrowing power — Warrants and bonds.

They may borrow money on the credit of the corporation for corporate purposes in the manner and to the extent allowed by the Constitution and the laws, and issue warrants and bonds therefor in such amounts and forms and on such conditions as they shall determine.

10-8-7 - Refunding bonds — Purpose of issuance.

They may issue bonds in place of or to supply means to meet maturing bonds or for the consolidation or refunding of the same.

10-8-8 - Streets, parks, airports, parking facilities, public grounds, and pedestrian malls.

A municipal legislative body may lay out, establish, open, alter, widen, narrow, extend, grade, pave, or otherwise improve streets, alleys, avenues, boulevards, sidewalks, parks, airports, parking lots, or other facilities for the parking of vehicles off streets, public grounds, and pedestrian malls and may close, in accordance with Section 72-5-105 , or vacate the same or parts thereof, as provided in this title.

10-8-8.6 - Widening a street or alley.

Before a city may widen a street or alley in such a way that access to underground facilities is affected, the city shall notify in writing, and consult with, the owners or operators of the underground facilities, as defined in Section 54-8a-2 , and utility facilities within the street or alley.

10-8-9 - Bathhouses, playgrounds.

They may establish, maintain and provide for the supervision of bathhouses, public playgrounds, recreation places and swimming pools.

10-8-10 - Trees.

They may plant, or direct and regulate the planting of, ornamental shade trees in streets, parks and public grounds.

10-8-11 - Streets — Encroachments, lighting, sprinkling, cleaning.

They may regulate the use of streets, alleys, avenues, sidewalks, crosswalks, parks, and public grounds, install, prevent, or remove obstructions and encroachments thereon, and provide for the lighting, sprinkling, and cleaning of the same.

10-8-13 - Conduits, drains, etc.

They may regulate the opening and use of streets, alleys, sidewalks, crosswalks and public grounds for the laying of gas or water mains and of conduits and pipes, and the building and repairing of sewers, tunnels, conduits and drains.

10-8-14 - Utility and telecommunications services — Service beyond municipal limits — Retainage — Notice of service and agreement.

10-8-14(1) As used in this section, “communications service facility” means the same as that term is defined in Section 10-18-102. 10-8-14(2) A municipality may:construct, maintain, and operate waterworks, sewer collection, sewer treatment systems, gas works, electric light works, broadband services, telecommunications lines, cable television lines, public transportation systems, or communications service facilities;authorize the construction, maintenance, and operation of the works or systems described in Subsection (2)(a)(i) by others;purchase or lease the works or systems described in Subsection (2)(a)(i) from any person or corporation; andsubject to Subsection (2)(b), sell and deliver the surplus product or service capacity of any works or systems described in Subsection (2)(a)(i), not required by the municipality or the municipality’s inhabitants, to others beyond the limits of the municipality.The sale and delivery of the surplus product or service capacity described in Subsection (2)(a)(iv) in relation to:retail electricity beyond the municipal boundary is governed by Subsections (3) through (7);broadband services, cable television services, or public telecommunications services is governed by Subsection (11); andwater is governed by Sections 10-7-14 and 10-8-22. 10-8-14(3) If any payment on a contract with a private person, firm, or corporation to construct waterworks, sewer collection, sewer treatment systems, gas works, electric works, broadband services, telecommunications lines, cable television lines, public transportation systems, or communications service facilities is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5. 10-8-14(4) Except as provided in Subsection (4)(b), (5), or (9), a municipality may not sell or deliver the electricity produced or distributed by the municipality’s electric works constructed, maintained, or operated in accordance with Subsection (2) to a retail customer located beyond the municipality’s municipal boundary.A municipality that provided retail electric service to a customer beyond the municipality’s municipal boundary on or before June 15, 2013, may continue to serve that customer if:on or before December 15, 2013, the municipality provided the electrical corporation, as defined in Section 54-2-1, that is obligated by the municipality’s certificate of public convenience and necessity to serve the customer with an accurate and complete verified written notice identifying each customer served by the municipality beyond the municipality’s municipal boundary;no later than June 15, 2014, the municipality entered into a written filing agreement for the provision of electric service with the electrical corporation; andthe Public Service Commission approved the written filing agreement in accordance with Section 54-4-40. 10-8-14(5) A municipality may submit to the electrical corporation a request to provide electric service to an electric customer who is located outside the municipal boundary and who was not identified in accordance with Subsection (4)(b)(i).If a municipality submits a request described in Subsection (5)(a), the electrical corporation shall respond to the request within 60 days.If the electrical corporation agrees to allow the municipality to provide electric service to the customer:the electrical corporation and the municipality shall enter into a written agreement;the municipality shall agree in the written agreement to subsequently transfer service to the customer described in Subsection (5)(a) if the electrical corporation notifies, in writing, the municipality that the electrical corporation has installed a facility capable of providing electric service to the customer; andthe municipality may provide the service if:except as provided in Subsection (5)(c)(iii)(B), the Public Service Commission approves the agreement in accordance with Section 54-4-40; orfor an electrical cooperative that meets the requirements of Subsection 54-7-12(7), the governing board of the electrical cooperative approves the agreement.The municipality or the electrical corporation may terminate the agreement for the provision of electric service if the Public Service Commission imposes a condition authorized in Section 54-4-40 that is a material change to the agreement. 10-8-14(6) If the municipality and electrical corporation make a transfer described in Subsection (5)(c)(ii):the municipality shall transfer the electric service customer to the electrical corporation; andthe electrical corporation shall provide electric service to the customer; andthe municipality shall transfer a facility in accordance with and for the value as provided in Section 10-2-817. 10-8-14(7) In accordance with Subsection (7)(b), the municipality shall establish a reasonable mechanism for resolving potential future complaints by an electric customer located outside the municipality’s municipal boundary.The mechanism shall require:that the rates and conditions of service for a customer outside the municipality’s boundary are at least as favorable as the rates and conditions of service for a similarly situated customer within the municipality’s boundary; andif the municipality provides a general rebate, refund, or other payment to a customer located within the municipality’s boundary, that the municipality also provide the same general rebate, refund, or other payment to a similarly situated customer located outside the municipality’s boundary. 10-8-14(8) The municipality is relieved of any obligation to transfer a customer described in Subsection (5)(a) or facility used to serve the customer in accordance with Subsection (5)(c)(ii) if the municipality annexes the property on which the customer is being served. 10-8-14(9) A municipality may provide electric service outside of the municipality’s municipal boundary to a facility that is solely owned and operated by the municipality for municipal service.A municipality’s provision of electric service to a facility that is solely owned and operated by the municipality does not expand the municipality’s electric service area. 10-8-14(10) Nothing in this section expands or diminishes the ability of a municipality to enter into a wholesale electrical sales contract with another municipality that serves electric customers to sell and deliver wholesale electricity to the other municipality. 10-8-14(11) A municipality’s actions under this section related to works or systems involving broadband services, public telecommunications services, or cable television services are subject to the requirements of Chapter 18, Municipal Cable Television and Communications Services Act.

10-8-14.5 - Utility easements — Use for water or sewerage service.

10-8-14.5(1) If a municipality grants a general utility easement for the provision of electric, gas, or telephone service, the grant may also provide that the easement may be used by the corporation or other entity that provides water or sewerage service to the municipality’s residents. 10-8-14.5(2) A general utility easement described in Subsection (1) is subject to the provisions imposed on a public utility easement under Section 54-3-27. 10-8-14.5(3) If a municipality acquires a utility easement through the exercise of its eminent domain power for use under this section, the owner of the servient estate may realign the easement at the servient estate owner’s expense unless the alignment cannot be reasonably changed because of engineering or safety requirements.

10-8-15 - Waterworks — Construction — Extraterritorial jurisdiction — Notice.

10-8-15(1) As used in this section, “affected entity” means a:

county that has land use authority over land subject to an ordinance or regulation described in this section; local health department, as that term is defined in Section 26A-1-102, that has jurisdiction pursuant to Section 26A-1-108 over land subject to an ordinance or regulation described in this section; municipality that has enacted or has the right to enact an ordinance or regulation described in this section over the land subject to an ordinance or regulation described in this section; and municipality that has land use authority over land subject to an ordinance or regulation described in this section. 10-8-15(2) A municipality may construct or authorize the construction of waterworks within or without the municipal limits, and for the purpose of maintaining and protecting the same from injury and the water from pollution the municipality’s jurisdiction shall extend over the territory occupied by such works, and over all reservoirs, streams, canals, ditches, pipes and drains used in and necessary for the construction, maintenance and operation of the same, and over the stream or other source from which the water is taken, for 15 miles above the point from which it is taken and for a distance of 300 feet on each side of such stream and over highways along such stream or watercourse within said 15 miles and said 300 feet. 10-8-15(3) The jurisdiction of a city of the first class shall additionally be over the entire watershed within the county of origin of the city of the first class and subject to Subsection (6) provided that livestock shall be permitted to graze beyond 1,000 feet from any such stream or source; and provided further, that the city of the first class shall provide a highway in and through the city’s corporate limits, and so far as the city’s jurisdiction extends, which may not be closed to cattle, horses, sheep, hogs, or goats driven through the city, or through any territory adjacent thereto over which the city has jurisdiction, but the board of commissioners of the city may enact ordinances placing under police regulations the manner of driving such cattle, sheep, horses, hogs, and goats through the city, or any territory adjacent thereto over which the city has jurisdiction. 10-8-15(4) A municipality may enact all ordinances and regulations necessary to carry the power herein conferred into effect, and is authorized and empowered to enact ordinances preventing pollution or contamination of the streams or watercourses from which the municipality derives the municipality’s water supply, in whole or in part, for domestic and culinary purposes, and may enact ordinances prohibiting or regulating the construction or maintenance of any closet, privy, outhouse or urinal within the area over which the municipality has jurisdiction, and provide for permits for the construction and maintenance of the same. 10-8-15(5) In granting a permit described in Subsection (4), a municipality may annex thereto such reasonable conditions and requirements for the protection of the public health as the municipality determines proper, and may, if determined advisable, require that all closets, privies and urinals along such streams shall be provided with effective septic tanks or other germ-destroying instrumentalities. 10-8-15(6) A city of the first class may only exercise extraterritorial jurisdiction outside of the city’s county of origin, as described in Subsection (3), pursuant to a written agreement with all municipalities and counties that have jurisdiction over the area where the watershed is located. 10-8-15(7) After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance or regulation under the authority of this section shall: hold a public hearing on the proposed ordinance or regulation; and give notice of the date, place, and time of the hearing, as described in Subsection (7)(b). At least ten days before the day on which the public hearing described in Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be: mailed to:

each affected entity; the director of the Division of Drinking Water; and the director of the Division of Water Quality; and published for the municipality, as a class A notice under Section 63G-30-102, for at least 10 days. An ordinance or regulation adopted under the authority of this section may not conflict with: existing federal or state statutes; or a rule created pursuant to a federal or state statute governing drinking water or water quality. A municipality that enacts an ordinance or regulation under the authority of this section shall: provide a copy of the ordinance or regulation to each affected entity; and include a copy of the ordinance or regulation in the municipality’s drinking water source protection plan.

10-8-16 - Watercourses leading to and within city — Mill privileges.

They may control the water and watercourses leading to the city and regulate and control the watercourses and mill privileges within the city; provided, that the control may not be exercised to the injury of any right already acquired by actual owners.

10-8-17 - City may act as distributing agent — Collection of operating costs from users.

10-8-17(1) When the governing body of a city is acting as distributing agent of water, not the property of the corporation, outside of or within its corporate limits, the governing body may annually, before the commencement of the irrigation season, determine and fix the sum considered necessary to meet the expense of the current year for the purpose of:

controlling, regulating, and distributing the water; and constructing and keeping in repair the necessary means for diverting, conveying, and distributing the water. 10-8-17(2) The governing body may collect the sum described in Subsection (1) from the persons entitled to the use of the water, pro rata according to acreage, whether the acreage is situate within or without the corporate boundary of the city. The governing body may not appropriate or use the derived funds for any other purpose than the purposes described in Subsection (1). In the event that the governing body collects a greater sum in any one year than is necessary under Subsection (1), the governing body shall carry the excess to the account of the year next following and apply the excess to the purposes described in Subsection (1). The governing body shall enact an ordinance fixing and providing for the collection of the sum described in Subsection (1). 10-8-17(3) Until the governing body collects the sum described in Subsection (1), the sum is a political subdivision lien, as that term is defined in Section 11-60-102, on the subject water rights and the land irrigated by the water, in accordance with Title 11, Chapter 60, Political Subdivision Lien Authority. If the lien amount is not paid in full in a given year: by September 15, the governing body shall certify any unpaid amount to the treasurer of the county in which the liened property is located; and the county treasurer shall include the certified amount on the property tax notice required by Section 59-2-1317 for that year.

10-8-18 - Acquisition of water sources — Retainage.

10-8-18(1) They may construct, purchase or lease and maintain canals, ditches, artesian wells and reservoirs, may appropriate, purchase or lease springs, streams or sources of water supply for the purpose of providing water for irrigation, domestic or other useful purposes; may prevent all waste of water flowing from artesian wells, and if necessary to secure sources of water supply, may purchase or lease land; they may also purchase, acquire or lease stock in canal companies and water companies for the purpose of providing water for the city and the inhabitants thereof. 10-8-18(2) If any payment on a contract with a private person, firm, or corporation to construct canals, ditches, artesian wells, or reservoirs is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.

10-8-19 - Water supply — Special tax for increasing supply when city acting as distributing agent.

10-8-19(1) Whenever a city is acting as distributing agent of water, not the property of the corporation, outside of or within the corporate limits of such city, upon written petition of the owners of the water, the city may increase the supply of water that the petitioners own by any means provided in Section 10-8-18. 10-8-19(2) To increase the supply of water under Subsection (1), the city may levy and collect from the owners of the water a tax not exceeding the sum per acre of land owned as agreed upon and designated in the petition. The city shall appropriate the tax collected under Subsection (2)(a) exclusively to increase the supply of water under Subsection (1), except as is necessary to pay the expense of levying and collecting the tax. 10-8-19(3) Until the city collects the tax described in Subsection (2), the unpaid tax is a political subdivision lien, as that term in defined in Section 11-60-102, upon the owner’s water rights and the land that the water irrigates, in accordance with Title 11, Chapter 60, Political Subdivision Lien Authority. If the lien amount is not paid in full in a given year: by September 15, the city shall certify any unpaid amount to the treasurer of the county in which the liened property is located; and the county treasurer shall include the certified amount on the property tax notice required by Section 59-2-1317 for that year.

10-8-20 - Lighting works — Contracts — Retainage.

10-8-20(1) They may contract with and authorize any person, company or association to construct gas works, electric or other lighting works within the city, and give such persons, company or association the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the city for any length of time not exceeding three years. 10-8-20(2) If any payment on a contract with a private person, firm, or corporation to construct gas works, electric or other lighting works within the city is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.

10-8-21 - Lighting facilities — Sale of gas and electric power — Erection and removal of poles and wires.

They may provide for the lighting of streets and the erection of necessary appliances and lamp posts; may regulate the sale and use of gas, natural gas and electric or other lights and electric power within the city, and regulate the inspection of meters therefor; may prohibit or regulate the erection of telegraph, telephone or electric wire poles in the public grounds, streets or alleys, and the placing of wires thereon; and may require the removal from the public grounds, streets or alleys of any or all such poles, and the placing underground of any or all telegraph, telephone or electric wires.

10-8-22 - Water rates.

10-8-22(1) As used in this section:“Designated water service area” means the area defined by a municipality in accordance with the Utah Constitution, Article XI, Section 6, Subsection (1)(c).”Large municipal drinking water system” means a municipally owned and operated drinking water system serving a population of 10,000 or more.”Retail customer” means an end user:who receives culinary water directly from a municipality’s waterworks system; andwhom the municipality described in Subsection (1)(c)(i) bills for water service. 10-8-22(2) A municipality shall fix the rates to be paid for the use of water furnished by the municipality. 10-8-22(3) The setting of municipal water rates is a legislative act. 10-8-22(4) Within the municipality’s designated water service area, a municipality shall:establish, by ordinance, reasonable rates for the services provided to the municipality’s retail customers;use the same method of providing notice to all retail customers of proposed rate changes; andallow all retail customers the same opportunity to appear and participate in a public meeting addressing water rates. 10-8-22(5) A municipality may establish different rates for different classifications of retail customers within the municipality’s designated water service area, if the rates and classifications have a reasonable basis.A reasonable basis for charging different rates for different classifications may include, among other things, a situation in which:there is a difference in the cost of providing service to a particular classification;one classification bears more risk in relation to a system operation or obligation;retail customers in one classification invested or contributed to acquire a water source or supply or build or maintain a system differently than retail customers in another classification;the needs or conditions of one classification:are distinguishable from the needs or conditions of another classification; andbased on economic, public policy, or other identifiable elements, support a different rate; there is a differential between the classifications based on a cost of service standard or a generally accepted rate setting method, including a standard or method the American Water Works Association establishes; orwater conservation is used as an element in determining the rate charged for a block unit of water as provided in Section 73-10-32.5.An adjustment based solely on the fact that a particular classification of retail customers is located either inside or outside of the municipality’s corporate boundary is not a reasonable basis. 10-8-22(6) If more than 10% of the retail customers within a large municipal drinking water system’s designated water service area are located outside of the municipality’s corporate boundary, the municipality shall:post on the municipality’s website the rates assessed to retail customers within the designated water service area; andestablish an advisory board to make recommendations to the municipal legislative body regarding water rates, capital projects, and other water service standards.In establishing an advisory board described in Subsection (6)(a)(ii), a municipality shall:if more than 10% but no more than 30% of the municipality’s retail customers receive service outside the municipality’s municipal boundary, ensure that at least 20% of the advisory board’s members represent the municipality’s retail customers receiving service outside the municipality’s municipal boundary;if more than 30% of the municipality’s retail customers receive service outside of the municipality’s municipal boundary, ensure that at least 40% of the advisory board’s members represent the municipality’s retail customers receiving service outside of the municipality’s municipal boundary; andin appointing board members who represent retail customers receiving service outside of the municipality’s municipal boundary, as required in Subsections (6)(b)(i) and (ii), solicit recommendations from each municipality and county outside of the municipality’s municipal boundary whose residents are retail customers within the municipality’s designated water service area. 10-8-22(7) A municipality that supplies water outside of the municipality’s designated water service area shall supply the water only by contract and shall include in the contract the terms and conditions under which the contract can be terminated. 10-8-22(8) A municipality shall:notify the director of the Division of Drinking Water of a contract the municipality enters into with a person outside of the municipality’s designated water service area, including the name and contact information of the person named in each contract; andeach year, provide to the director of the Division of Drinking Water any supplementing or new information regarding a contract described in Subsection (8)(a), including whether there is no new information to provide at that time.

10-8-23 - Sidewalks — Regulation and control — Owners required to remove weeds, litter, snow and ice.

They may regulate and control the use of sidewalks and all structures thereunder or thereover; and they may require the owner or occupant, or the agent of any owner or occupant, of property to remove all weeds and noxious vegetation from such property, and in front thereof to the curb line of the street, and to keep the sidewalks in front of such property free from litter, snow, ice and obstructions.

10-8-24 - Litter in streets.

They may regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage or any offensive matter in, and prevent injury or obstruction to, any street, sidewalk, avenue, alley, park or public ground.

10-8-25 - Crosswalks, curbs and gutters.

They may provide for and regulate the use of crosswalks, curbs and gutters.

10-8-26 - Signs and advertising material.

They may regulate or prevent the use of streets, sidewalks, public buildings and grounds for signs, signposts, awnings, horse troughs or racks, or for posting handbills or advertisements.

10-8-27 - Placards and handbills.

They may regulate or prohibit the exhibition, distribution or carrying of placards or handbills on the streets, public grounds or sidewalks.

10-8-28 - Flags and banners.

They may regulate or prevent the flying of flags, banners or signs across the streets or from houses.

10-8-29 - Sales and merchandising on streets.

They may regulate merchandising and sales upon the streets, sidewalks and public places.

10-8-30 - Traffic regulations.

They may regulate the movement of traffic on the streets, sidewalks and public places, including the movement of pedestrians as well as of vehicles, and the cars and engines of railroads, street railroads and tramways, and may prevent racing and immoderate driving or riding.

10-8-31 - Numbering houses and lots.

They may regulate the numbering of houses and lots.

10-8-32 - Naming streets and public places.

They may name streets, courts, parks, thoroughfares and other public places and change the names thereof.

10-8-33 - Railroads — Tracks and franchises.

They may permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, or tramway in any street, alley or public place; and may by ordinance grant franchises to railroad and street railroad companies, and to union railroad depot companies, to lay, maintain and operate in any street or part or parts of streets or other public places tracks therefor, but such permission may not be exclusive or for a longer time than 100 years.

10-8-34 - Change of grade and crossings — Nonuser as grounds for removal.

They may provide for or change the location, grade or crossing of any railroad; and declare a nuisance and take up and remove, or cause to be taken up and removed, the tracks of any railroad or street railway company which shall have been laid upon the streets of the city and which such railway company has failed to operate with cars for public use for a period of nine months after the laying thereof.

10-8-35 - Fences, cattle guards and street crossings — Duty of railroads.

They may require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets and public roads, and keep the same in repair within the limits of the corporation.

10-8-36 - Flagmen — Grade crossings — Drains along tracks.

They may require railroad companies to keep flagmen at railroad crossings of streets, or otherwise provide protection against injury to persons or property; may compel railroad and street railroad companies to raise or lower their tracks to conform to any grade which at any time may be established by the city, so that such tracks may be crossed at any place on any street, alley or highway; may compel railway companies to make and keep open, and keep in repair, ditches, drains, sewers and culverts along and under their tracks, so that the natural or artificial drainage of adjacent property may not be impaired.

10-8-37 - Construction, repair, and maintenance of bridges, viaducts, and tunnels — Retainage.

10-8-37(1) They may construct and keep in repair bridges, viaducts and tunnels, and regulate the use thereof. 10-8-37(2) If any payment on a contract with a private person, firm, or corporation to construct bridges, viaducts, or tunnels is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.

10-8-38 - Drainage and sewage systems — Construction regulation and control — Retainage — Mandatory hookup — Charges for use — Collection of charges — Service to tenants — Failure to pay for service — Service outside municipality.

10-8-38(1) Boards of commissioners, city councils, and boards of trustees of cities and towns may construct, reconstruct, maintain, and operate, sewer systems, sewage treatment plants, culverts, drains, sewers, catch basins, manholes, cesspools, and all systems, equipment, and facilities necessary to the proper drainage, sewage, and sanitary sewage disposal requirements of the city or town and regulate the construction and use thereof. If any payment on a contract with a private person, firm, or corporation to construct or reconstruct sewer systems, sewage treatment plants, culverts, drains, sewers, catch basins, manholes, cesspools, and other drainage and sewage systems is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5. 10-8-38(2) In order to defray the cost of constructing, reconstructing, maintaining, or operating a sewer system or sewage treatment plant, a municipality may: require connection to the sewer system if the sewer is available and within 300 feet of the property line of a property with a building used for human occupancy; and make a reasonable charge for the use of the sewer system. A municipality operating a waterworks system and a sewer system or sewage treatment plant may: make one charge for the combined use of water and the services of the sewer system or sewage treatment plant; and adopt an ordinance requiring a property owner desiring water and sewer service to submit a written application, signed by the owner or the owner’s authorized agent, agreeing to pay, according to the ordinance enacted by the municipality, for the water and sewer service furnished the owner. If a person fails to connect to the sewer when connection is required under Subsection (2)(a)(i) or fails to pay for the sewer service as required under applicable municipal ordinances, then the municipality may cause the water to be shut off from the premises until the person has:

hooked up to the sewer at the person’s own expense; or paid in full for all sewer service. A municipality may not use an owner’s failure to pay for sewer service furnished to the owner’s property as a basis for not furnishing water to the property after ownership of the property is transferred to a subsequent owner. A municipality may sell and deliver water or sewer services to others beyond the limits of the municipality from the surplus capacity of the municipality’s waterworks or sewer system.

10-8-41 - Prostitution, lewd or perverted acts, gambling, and obscene or lewd publications.

10-8-41(1) Boards of commissioners and city councils of cities may suppress and prohibit the keeping of disorderly houses, houses of ill fame or assignation, or houses kept by, maintained for, or resorted to or used by, one or more persons for acts of perversion, lewdness, or prostitution within the limits of the city and within three miles of the outer boundaries thereof, and may prohibit resorting thereto for any of the purposes aforesaid; they may also make it unlawful for any person to commit or offer or agree to commit an act of sexual intercourse for hire, lewdness, or moral perversion within the city, or for any person to secure, induce, procure, offer, or transport to any place within the city any person for the purpose of committing an act of sexual intercourse for hire, lewdness, or moral perversion, or for any person to receive or direct or offer or agree to receive or direct any person into any place or building within the city for the purpose of committing an act of sexual intercourse for hire, lewdness, or moral perversion, or for any person to aid, abet, or participate in the commission of any of the foregoing; and they may also suppress and prohibit gambling houses and gambling, lotteries and all fraudulent devices and practices, and all kinds of gaming, playing at dice or cards, and other games of chance, and the sale, distribution, or exhibition of obscene or lewd publications, prints, pictures, or illustrations. 10-8-41(2) A woman’s breast feeding, including breast feeding in any place where the woman otherwise may rightfully be, does not under any circumstance constitute an obscene or lewd act, irrespective of whether or not the breast is covered during or incidental to feeding. Boards of commissioners and city councils of cities may not prohibit a woman’s breast feeding in any location where she otherwise may rightfully be, irrespective of whether the breast is uncovered during or incidental to the breast feeding.

10-8-41.5 - Regulation of sexually oriented business.

10-8-41.5(1) As used in this section:“Adult service” means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening, or other performances or activities conducted by a nude or partially denuded individual for compensation.”Compensation” means:a salary;a fee;a commission;employment;a profit; orother pecuniary gain.”Escort” means a person who, for compensation, dates, socializes with, visits, consorts with, or accompanies another, or offers to date, consort with, socialize with, visit, or accompany another:to a social affair, entertainment, or a place of amusement; orwithin a place of public or private resort, a business or commercial establishment, or a private quarter.”Escort” does not mean a person who provides business or personal services, including:a licensed private nurse;an aide for the elderly or a person with a disability;a social secretary or similar service personnel whose relationship with a patron is characterized by a contractual relationship having a duration of 12 hours or more and who provides a service not principally characterized as dating or socializing; ora person who provides services such as singing telegrams, birthday greetings, or similar activities that are characterized by an appearance in a public place, contracted for by a party other than the person for whom the service is being performed, and of a duration not to exceed one hour.”Escort service” means any person who furnishes or arranges for an escort to accompany another individual for compensation.”Nude or partially denuded individual” means an individual with any of the following less than completely and opaquely covered:genitals;the pubic region; ora female breast below a point immediately above the top of the areola.”Sexually oriented business” means a business at which any nude or partially denuded individual, regardless of whether the nude or partially denuded individual is an employee of the sexually oriented business or an independent contractor, performs any service for compensation.”Sexually oriented business” includes:an escort service; oran adult service. 10-8-41.5(2) A person employed in a sexually oriented business may not work in a municipality if:the municipality requires that a person employed in a sexually oriented business obtain an individual license; andthe person has not obtained an individual license from the municipality. 10-8-41.5(3) A business entity that conducts a sexually oriented business may not conduct business in a municipality if:the municipality requires that a sexually oriented business obtain a license; andthe business entity has not obtained a license from the municipality. 10-8-41.5(4) A violation of this section by an individual who is at least 18 years old is a class A misdemeanor.A person charged under this section may not also be charged under Section 76-5d-202, Engaging in prostitution.

10-8-41.6 - Regulation of retail tobacco specialty business.

10-8-41.6(1) As used in this section:“Community location” means:a public or private kindergarten, elementary, middle, junior high, or high school;a licensed child-care facility or preschool;a trade or technical school;a church;a public library;a public playground;a public park;a youth center or other space used primarily for youth oriented activities;a public recreational facility;a public arcade; orfor a new license issued on or after July 1, 2018, a homeless shelter.”Department” means the Department of Health and Human Services created in Section 26B-1-201.”Electronic cigarette product” means the same as that term is defined in Section 76-9-1101.”Licensee” means a person licensed under this section to conduct business as a retail tobacco specialty business.”Local health department” means the same as that term is defined in Section 26A-1-102.”Nicotine product” means the same as that term is defined in Section 76-9-1101.”Retail tobacco specialty business” means a commercial establishment in which:sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment;20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;the commercial establishment:holds itself out as a retail tobacco specialty business; andcauses a reasonable person to believe the commercial establishment is a retail tobacco specialty business; orthe retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products.”Self-service display” means the same as that term is defined in Section 76-9-1107.”Tobacco product” means:a tobacco product as defined in Section 76-9-1101; ortobacco paraphernalia as defined in Section 76-9-1101. 10-8-41.6(2) The regulation of a retail tobacco specialty business is an exercise of the police powers of the state by the state or by delegation of the state’s police powers to other governmental entities. 10-8-41.6(3) A person may not operate a retail tobacco specialty business in a municipality unless the person obtains a license from the municipality in which the retail tobacco specialty business is located.A municipality may only issue a retail tobacco specialty business license to a person if the person complies with the provisions of Subsections (4) and (5). 10-8-41.6(4) Except as provided in Subsection (7), a municipality may not issue a license for a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty business is located within:1,000 feet of a community location;600 feet of another retail tobacco specialty business; or600 feet from property used or zoned for:agriculture use; orresidential use.For purposes of Subsection (4)(a), the proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard to intervening structures or zoning districts. 10-8-41.6(5) A municipality may not issue or renew a license for a person to conduct business as a retail tobacco specialty business until the person provides the municipality with proof that the retail tobacco specialty business has:a valid permit for a retail tobacco specialty business issued under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; andfor a retailer that sells a tobacco product, a valid license issued by the State Tax Commission in accordance with Section 59-14-201 or 59-14-301 to sell a tobacco product; andfor a retailer that sells an electronic cigarette product or a nicotine product, a valid license issued by the State Tax Commission in accordance with Section 59-14-803 to sell an electronic cigarette product or a nicotine product. 10-8-41.6(6) Nothing in this section:requires a municipality to issue a retail tobacco specialty business license; orprohibits a municipality from adopting more restrictive requirements on a person seeking a license or renewal of a license to conduct business as a retail tobacco specialty business.A municipality may suspend or revoke a retail tobacco specialty business license issued under this section:if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity;if a licensee violates federal law or federal regulations restricting the sale and distribution of tobacco products or electronic cigarette products to protect children and adolescents;upon the recommendation of the department or a local health department under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products; orunder any other provision of state law or local ordinance. 10-8-41.6(7) A retail tobacco specialty business is exempt from Subsection (4) if:on or before December 31, 2018, the retail tobacco specialty business was issued a license to conduct business as a retail tobacco specialty business;the retail tobacco specialty business is operating in a municipality in accordance with all applicable laws except for the requirement in Subsection (4); andbeginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.A retail tobacco specialty business may maintain an exemption under Subsection (7)(a) if:the license described in Subsection (7)(a)(i) is renewed continuously without lapse or permanent revocation;the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days;the retail tobacco specialty business does not substantially change the business premises or business operation; andthe retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including:Section 26B-7-503;zoning ordinances;building codes; andthe requirements of the license described in Subsection (7)(a)(i).A retail tobacco specialty business that does not qualify for an exemption under Subsection (7)(a) is exempt from Subsection (4) if:on or before December 31, 2018, the retail tobacco specialty business was issued a general tobacco retailer permit or a retail tobacco specialty business permit under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located;the retail tobacco specialty business is operating in the municipality in accordance with all applicable laws except for the requirement in Subsection (4); andbeginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.Except as provided in Subsection (7)(e), a retail tobacco specialty business may maintain an exemption under Subsection (7)(c) if:on or before December 31, 2020, the retail tobacco specialty business receives a retail tobacco specialty business permit from the local health department having jurisdiction over the area in which the retail tobacco specialty business is located;the permit described in Subsection (7)(d)(i) is renewed continuously without lapse or permanent revocation;the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days;the retail tobacco specialty business does not substantially change the business premises or business operation as the business existed when the retail tobacco specialty business received a permit under Subsection (7)(d)(i); andthe retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including:Section 26B-7-503;zoning ordinances;building codes; andthe requirements of the retail tobacco permit described in Subsection (7)(d)(i).A retail tobacco specialty business described in Subsection (7)(a) or (b) that is located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco specialty business:relocates, before July 1, 2022, to a property that is used or zoned for commercial use and located within a group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit; andcontinues to meet the requirements described in Subsection (7)(b) that are not directly related to the relocation described in this Subsection (7)(e).

10-8-42 - Intoxicating liquors — Prohibitions on manufacture, sale, possession, etc.

They may prohibit, except as provided by law, any person from knowingly having in the person’s possession any intoxicating liquor, and the manufacture, sale, keeping or storing for sale, offering or exposing for sale, importing, carrying, transporting, advertising, distributing, giving away, exchanging, dispensing or serving of intoxicating liquors.

10-8-43 - Establishment and regulation of markets — Sale of meats, poultry, etc.

They may establish markets and market houses, and provide for the regulation and use thereof, and provide for the place and the manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions, and regulate the selling of the same.

10-8-44 - Food stuffs — Regulation and inspection.

They may provide for and regulate the inspection of meats, fruit, poultry, fish, butter, cheese, lard, vegetables, flour, meal and all other provisions, and provide for the inspection, measurement or graduation of any merchandise, manufacture or commodity, and appoint the necessary officers therefor.

10-8-44.5 - Prohibition against regulation of nutritional information dissemination.

10-8-44.5(1) A municipality may not regulate the dissemination of nutritional information or the content required to be placed on a menu, menu board, or food tag by a restaurant, eating establishment, or other food facility. 10-8-44.5(2) An ordinance or regulation that violates Subsection (1) is void.

10-8-44.6 - Regulation of drive-through facilities.

10-8-44.6(1) As used in this section:“Business” means a private enterprise carried on for the purpose of gain or economic profit.”Business lobby” means a public area, including a lobby, dining area, or other area accessible to the public where business is conducted within a place of business.”Business lobby” does not include the area of a business where drive-through service is conducted.”Land use application” means the same as that term is defined in Section 10-20-102.”Motor vehicle” means a self-propelled vehicle, including a motorcycle, intended primarily for use and operation on the highways.”Motor vehicle” does not include an off-highway vehicle.”Motorcycle” means a motor vehicle having a saddle for the use of the operator and designed to travel on not more than two tires.”Off-highway vehicle” means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle. 10-8-44.6(2) A municipality may not withhold a business license, deny a land use application, or otherwise require a business that has a drive-through service as a component of the business’s operations to:allow a person other than a person in a motorized vehicle to use the drive-through service; oroffer designated hours of the day that a customer is accommodated and business is conducted in the business lobby that are the same as or exceed the hours of the day that a customer is accommodated and business is conducted in the drive-through service.

10-8-45 - Weights and measures — Inspection and sealing.

They may provide for the inspection, sealing and use of proper weights, measures, computing scales, and all weighing and measuring devices indicating the numerical value as well as weight or quantity.

10-8-46 - Plumbing — Regulation of construction and repair — Board of examiners.

They may regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing, and provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade, and may prescribe what qualifications are necessary for persons following said trade.

10-8-47 - Intoxication — Fights — Disorderly conduct — Assault and battery — Petit larceny — Riots and disorderly assemblies — Firearms and fireworks — False pretenses and embezzlement — Sale of liquor, narcotics, tobacco products, electronic cigarette products, or nicotine products to minors — Possession of controlled substances — Treatment of alcoholics and narcotics or drug addicts.

10-8-47(1) A municipal legislative body may:prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights, bullfights, and all disorderly conduct and provide against and punish the offenses of assault and battery and petit larceny;restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house, or place in the city;regulate and prevent the discharge of firearms, rockets, powder, fireworks in accordance with Section 53-7-225, or any other dangerous or combustible material;provide against and prevent the offense of obtaining money or property under false pretenses and the offense of embezzling money or property in the cases when the money or property embezzled or obtained under false pretenses does not exceed in value the sum of $500;prohibit the sale, giving away, or furnishing of narcotics or alcoholic beverages to an individual younger than 21 years old; orprohibit the sale, giving away, or furnishing of a tobacco product, an electronic cigarette product, or a nicotine product as those terms are defined in Section 76-9-1101 to an individual younger than 21 years old. 10-8-47(2) A city may:by ordinance, prohibit the possession of controlled substances as defined in the Utah Controlled Substances Act or any other endangering or impairing substance, provided the conduct is not a class A misdemeanor or felony; andprovide for treatment of alcoholics, narcotic addicts, and other individuals who are addicted to the use of drugs or intoxicants such that an individual substantially lacks the capacity to control the individual’s use of the drugs or intoxicants, and judicial supervision may be imposed as a means of effecting the individual’s rehabilitation.

10-8-47.5 - Knives regulated by state.

10-8-47.5(1) As used in this section, “knife” means a cutting instrument that includes a sharpened or pointed blade. 10-8-47.5(2) The authority to regulate a knife is reserved to the state except where the Legislature specifically delegates responsibility to a municipality. 10-8-47.5(3) Unless specifically authorized by the Legislature or, subject to Subsection (3)(b), a municipal ordinance with a criminal penalty, a municipality may not enact or enforce an ordinance or a regulation pertaining to a knife. A municipality may not enact an ordinance with a criminal penalty pertaining to a knife that is: more restrictive than a state criminal penalty pertaining to a knife; or has a greater criminal penalty than a state penalty pertaining to a knife.

10-8-49 - Vagrants — Arrest — Fine — Putting to work — Municipal lodging.

They may arrest and fine or set to work on the streets or elsewhere all vagrants, mendicants and persons found in the city without visible means of support or some legitimate business, and may establish and maintain municipal lodging and eating houses.

10-8-50 - Disturbing the peace — Public intoxication — Fighting — Obscene language — Disorderly conduct — Lewd behavior — Interference with officers — Trespass.

10-8-50(1) Boards of commissioners and city councils of cities may provide for the punishment of any person or persons for:disturbing the peace or good order of the city;disturbing the peace of any person or persons;disturbing any lawful assembly;public intoxication;challenging, encouraging, or engaging in fighting;using obscene or profane language in a place or under circumstances which could cause a breach of the peace or good order of the city;engaging in indecent or disorderly conduct;engaging in lewd or lascivious behavior or conduct in the city; andinterfering with any city officer in the discharge of the officer’s duty. 10-8-50(2) Boards of commissioners and city councils of cities may provide for the punishment of trespass and such other petty offenses as the board of commissioners or city council may consider proper. 10-8-50(3) A woman’s breast feeding, including breast feeding in any location where she otherwise may rightfully be, does not under any circumstance constitute a lewd or indecent act, irrespective of whether or not the breast is covered during or incidental to feeding.Boards of commissioners and city councils of cities may not prohibit a woman’s breast feeding in any location where she otherwise may rightfully be, irrespective of whether the breast is uncovered during or incidental to the breast feeding.

10-8-51 - Beggars, prostitutes, swindlers — Punishment.

They may provide for the punishment of tramps, street beggars, prostitutes, habitual disturbers of the peace, pickpockets, gamblers and thieves, or persons who practice any game, trick or device with intent to swindle.

10-8-52 - Buildings — Fire limits — Removal and destruction of buildings violating ordinance.

They may define fire limits and prescribe limits within which no building shall be constructed except of brick, stone or other incombustible material, without permission, and may cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and cause all buildings and enclosures which may be in a dangerous state to be put in a safe condition or removed.

10-8-53 - Fire escapes — Construction — Building exits — Fire extinguishers.

They may prescribe the manner of constructing stone, brick and other buildings, and the construction and maintenance of fire escapes; may cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fire; may prevent the overcrowding thereof, and regulate the placing and use of seats, scenery, curtains, blinds, screens, or other appliances therein.

10-8-53.5 - Regulation of carbon monoxide detectors — Enforcement against occupant only.

10-8-53.5(1) Subject to Subsection (2), a municipality may not enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon monoxide detector in a residential dwelling against anyone other than the occupant of the dwelling. 10-8-53.5(2) Subsection (1) may not be construed to affect:

a building permit applicant’s obligation to comply with a building code that requires the installation of a carbon monoxide detector as part of new construction; or a municipality’s ability to require a building permit applicant to comply with a building code that requires the installation of a carbon monoxide detector as part of new construction.

10-8-54 - Regulation of construction and condition of chimneys and heating equipment — Disposal of ashes.

They may prevent the dangerous construction and condition of chimneys, fireplaces, stoves, stovepipes, heaters, ovens, furnaces, boilers, and apparatus used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition; and may regulate and prevent the carrying on of manufacturing likely to cause fires, and may prevent the deposit of ashes in unsafe places.

10-8-55 - Fire departments — Fire-fighting equipment — Rules and regulations.

They may, except as otherwise provided by law, provide for the organization and support of a fire department, procure fire engines, hooks, ladders, buckets, hose and other apparatus, organize fire engine and hook and ladder companies, prescribe duties, rules and regulations for the government thereof, with such penalty as they may deem proper, and make all necessary appropriations therefor.

10-8-55.5 - Prohibition of flat response fee.

10-8-55.5(1) A municipality, or a person who contracts with a municipality to provide emergency services:

may not impose a flat fee, or collect a flat fee, from an individual involved in a traffic incident; and may only charge the individual for the actual cost of services provided in responding to the traffic incident, limited to: medical costs for:

transporting an individual from the scene of a traffic accident; or treatment of a person injured in a traffic accident; repair to damaged public property, if the individual is legally liable for the damage; the cost of materials used in cleaning up the traffic accident, if the individual is legally liable for the traffic accident; and towing costs. 10-8-55.5(2) If a municipality, or a person who contracts with a municipality to provide emergency services, imposes a charge on more than one individual for the actual cost of responding to a traffic incident, the municipality or person contracting with the municipality shall apportion the charges so that it does not receive more for responding to the traffic incident than the actual response cost.

10-8-56 - Storage of combustibles and explosives — Use of lights — Bonfires.

They may regulate or prevent the storage of gunpowder, tar, pitch, resin, coal, oil, gas, gasoline, benzine, turpentine, nitroglycerine, petroleum or any of the products thereof, and other combustible or explosive substances or materials, and the use of lights in stables, shops and other places, and the building of bonfires.

10-8-57 - Inspection of boilers — Licensing of stationary engineers.

They may provide for the inspection and may regulate the use of steam boilers, provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, motors, boilers or steam or power generating apparatus, or elevators, within the corporate limits of the city.

10-8-58 - Jails and workhouses — Establishment and maintenance.

The governing body of a city or town may: 10-8-58(1) establish, erect, and maintain city jails, houses of correction, and workhouses for the temporary confinement, not to exceed 72 hours, of persons convicted of violating any city ordinances; 10-8-58(2) make rules for the government of them; 10-8-58(3) appoint necessary jailers and keepers; and 10-8-58(4) use the county correctional facilities, including the county jail, for the confinement or punishment of offenders on the following conditions:

a city or town may use the county correctional facilities without payment of compensation or reimbursement for incarceration costs or costs associated with booking of offenders in county correctional facilities; subject to any conditions that are imposed by law; and with the consent of the county legislative body which may include, without limitation, the allocation or rationing of correctional facility capacity and prohibition of booking for classes of offenses or offenders. These limitations shall be applied equally to all entities using the county correctional facilities. 10-8-58(5) If consent is given for the use of the county correctional facilities, the sheriff, at the sheriff’s discretion, may assign offenders to county correctional facilities or programs or transfer offenders between facilities or programs. 10-8-58(6) Nothing contained in this section shall:

preclude cities, towns, and counties from executing written agreements containing terms or conditions for the use of the county jail; or invalidate any agreements entered into prior to July 1, 2004.

10-8-58.5 - Contracting for management, maintenance, operation, or construction of jails.

10-8-58.5(1) As used in this section, “medication assisted treatment plan” means a prescription plan to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal symptoms or an opioid use disorder. 10-8-58.5(2) The governing body of a city or town may contract with private contractors for management, maintenance, operation, and construction of city jails. The governing body may include a provision in the contract that requires that any jail facility meet any federal, state, or local standards for the construction of jails. 10-8-58.5(3) If the governing body contracts only for the management, maintenance, or operation of a jail, the governing body shall include provisions in the contract that:

require the private contractor to post a performance bond in the amount set by the governing body; establish training standards that shall be met by jail personnel; require the private contractor to provide and fund training for jail personnel so that the personnel meet the standards established in the contract and any other federal, state, or local standards for the operation of jails and the treatment of jail prisoners; require the private contractor to indemnify the city or town for errors, omissions, defalcations, and other activities committed by the private contractor that result in liability to the city or town; require the private contractor to show evidence of liability insurance protecting the city or town and its officers, employees, and agents from liability arising from the construction, operation, or maintenance of the jail, in an amount not less than those specified in Title 63G, Chapter 7, Governmental Immunity Act of Utah; require the private contractor to: receive all prisoners committed to the jail by competent authority; provide them with necessary food, clothing, and bedding in the manner prescribed by the governing body; and cooperate with medical personnel to continue a medication assisted treatment plan for an inmate if the inmate was an active client before arrest and commitment; and prohibit the use of inmates by the private contractor for private business purposes of any kind. 10-8-58.5(4) A medication used for a medication assisted treatment plan under Subsection (3)(f)(iii):

shall be administered to an inmate in accordance with the inmate’s prescription under the direction of the sheriff; may be paid for by a county; and may be left or stored at a jail at the discretion of the sheriff. 10-8-58.5(5) A contractual provision requiring the private contractor to maintain liability insurance in an amount not less than the liability limits established by Title 63G, Chapter 7, Governmental Immunity Act of Utah, may not be construed as waiving the limitation on damages recoverable from a governmental entity or its employees established by that chapter.

10-8-59 - Cruelty to animals.

They may prohibit cruelty to animals.

10-8-60 - Nuisances.

They may declare what shall be a nuisance, and abate the same, and impose fines upon persons who may create, continue or suffer nuisances to exist.

10-8-62 - Cemeteries — Purchase and operation.

The city legislative body may: 10-8-62(1) purchase, hold, and pay for lands within or without the corporate limits for the burial of the dead, and all necessary grounds for hospitals; 10-8-62(2) have and exercise police jurisdiction over those lands, and over any cemetery used by the inhabitants of the city; 10-8-62(3) survey, plat, map, fence, ornament, and otherwise improve, manage, and operate public burial and cemetery grounds; 10-8-62(4) convey cemetery lots owned by the city, and pass ordinances for the protection and governing of these grounds consistent with Title 8, Chapter 5, Rights and Title to Cemetery Lots; 10-8-62(5) contract for the care and improvement of cemeteries and cemetery lots, and for any compensation for the care and improvement; 10-8-62(6) receive deposits for the care of lots and invest the deposits by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act; and 10-8-62(7) pay the cost of the care from any proceeds from the investment.

10-8-63 - Burial of dead — Vital statistics.

They may regulate the burial of the dead, consistent with Title 8, Chapter 5, Rights and Title to Cemetery Lots , the registration of births and deaths, direct the returning and keeping of bills of mortality, and impose penalties on physicians, sextons, and others for any default therein.

10-8-65 - Regulation of dogs — Service animals permitted.

10-8-65(1) Subject to Section 18-2-101, a municipality may:

license, tax, regulate, or prohibit the keeping of dogs; and authorize the destruction, sale, or other disposal of a dog if the dog is at large contrary to ordinance. 10-8-65(2) As used in this Subsection (2): “Retired service animal” means a dog that:

at one time was a service animal for the current owner; and no longer provides service animal services for the owner because of the dog’s age or other factors limiting the dog’s service capability. “Service animal” means a dog that:

is used by a law enforcement agency; is specially trained or is in training for law enforcement work; and assists a law enforcement agency in the performance of law enforcement duties. If a municipality adopts a limit as to the number of dogs a person may keep, the municipality shall allow a person to keep a service animal, a retired service animal, or both in addition to that limit.

10-8-66 - Offensive businesses — Regulation of management and construction.

They may direct the location and regulate the management and construction of packing houses, dairies, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in and within one mile of the limits of the corporation.

10-8-67 - Pigsties, privies, other offensive establishments — Prohibiting establishment.

They may prohibit any offensive, unwholesome business or establishment in and within one mile of the limits of the corporation, compel the owner of any pigsty, privy, barn, corral, sewer or other unwholesome or nauseous house or place to cleanse, abate or remove the same, and may regulate the location thereof.

10-8-68 - Census.

They may provide for the taking of censuses, but no census shall be taken oftener than once in five years, except as otherwise provided by law.

10-8-69 - Conduct that interferes with or impedes traffic.

10-8-69(1) Except as provided in Subsection (2), the governing body of a city or town may prohibit or regulate conduct on a highway or sidewalk if the conduct interferes with or impedes traffic, including:

rolling a hoop; playing ball; flying a kite; riding a bicycle or tricycle; or any other conduct or activity that interferes with traffic. 10-8-69(2) A governing body of a city or town may not prohibit or regulate conduct under Subsection (1) if the prohibition or regulation is inconsistent with or conflicts with any provision in Title 41, Chapter 6a, Traffic Code.

10-8-70 - Lumberyards and combustible materials.

They may regulate or prohibit the keeping of any lumberyard, and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.

10-8-71 - Waterworks — Police and fire signals — Retainage.

10-8-71(1) They may purchase, construct, lease, rent, manage and maintain any system or part of any system of waterworks, hydrants and supplies of water, telegraphic or other police or fire signals, and pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed. 10-8-71(2) If any payment on a contract with a private person, firm, or corporation to construct all or part of any waterworks system is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.

10-8-72 - Libraries and reading rooms — Establishment and maintenance.

They may establish, maintain and regulate free public libraries and reading rooms, as provided by law, and may perpetuate such free libraries and reading rooms as may have been heretofore established in the city.

10-8-73 - Processions and demonstrations.

They may regulate or prohibit all public demonstrations and processions which interfere with public traffic or tend to cause disorder.

10-8-74 - Burial of indigents.

They may provide for the burial of the indigent dead and pay the expenses thereof.

10-8-75 - Destitute children.

They may authorize the taking, and provide for the safekeeping and education for such periods of time as may be expedient, for all children who are destitute of proper parental care.

10-8-76 - Noise abatement — Street performances.

They may prevent the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises, for the purpose of business, amusement or otherwise, and prevent all performances and devices tending to the collection of persons on the streets or sidewalks of the city.

10-8-77 - Untied animals in streets.

They may compel persons to fasten animals attached to vehicles standing or remaining in the street.

10-8-78 - Crime insurance and reports.

10-8-78(1) obtain crime insurance in relation to the performance of the officers’ or agents’ duties; and 10-8-78(2) require from every officer of the city at any time a report in detail of all transactions in the officer’s office or any matters connected with the officer’s office.

10-8-79 - Creating offices — Filling vacancies.

They may create any office they may deem necessary for the good government of the city, and provide for filling vacancies in elective and appointive offices, and prescribe the powers, duties and compensation of all officers of the city, except as otherwise provided by law.

10-8-81 - Social clubs and athletic associations.

They may regulate all social clubs, recreational associations, athletic associations and kindred associations, whether incorporated or not, which maintain club rooms or regular meeting rooms within the corporate limits of the city.

10-8-82 - Railroads — Removal of unused tracks.

They may require the tracks of any railroad or street railway company to be taken up and removed which shall have been laid upon the streets or highways of the city, and which remain in the streets or highways contrary to the terms of the franchise of the company, or which are declared by the governing body a nuisance, or which such company has failed to operate for a period of nine months prior to the time when such nuisance shall be declared, and shall have the power to declare any of the acts specified in this section a nuisance.

10-8-83 - Railroad gates — Kind and quality — Installation.

They may require any railroad or street railway company to place gates at any place along its tracks, and may designate the places where such gates shall be placed, and the nature, kind and quality of such gates.

10-8-84 - Ordinances, rules, and regulations — Passage — Penalties.

10-8-84(1) The municipal legislative body may pass all ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by this chapter, and as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the city and its inhabitants, and for the protection of property in the city. 10-8-84(2) The municipal legislative body may enforce obedience to the ordinances with fines or penalties in accordance with Section 10-3-703.

10-8-84.5 - Limitations on employee benefits imposed by a municipality.

10-8-84.5(1) For the purpose of this section:

“Accident and health insurance” is as defined in Section 31A-1-301. “Employee” means an individual employed by an employer. “Employee benefit” means one or more benefits or services provided to: an employee; or a dependent of an employee. “Private employer” means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. “Insurance” is as defined in Section 31A-1-301. “Life insurance” is as defined in Section 31A-1-301. 10-8-84.5(2) A municipality may not enact or enforce an ordinance that establishes, mandates, or requires a private employer to establish or offer an employee benefit, including:

accident and health insurance; life insurance; sick leave; or family medical leave. 10-8-84.5(3) Nothing in this section prohibits a municipality from considering an employee benefit described in Subsection (2) among other criteria when issuing a request for proposals.

10-8-84.6 - Prohibition on licensing or certification of child care programs.

10-8-84.6(1) As used in this section, “child care program” means a child care facility or program operated by a person who holds a license or certificate from the Department of Health and Human Services under Title 26B, Chapter 2, Part 4, Child Care Licensing. “Child care program” does not include a child care program for which a municipality provides oversight, as described in Subsection 26B-2-405(2)(e). 10-8-84.6(2) A municipality may not enact or enforce an ordinance that:

imposes licensing or certification requirements for a child care program; or governs the manner in which child care is provided in a child care program. 10-8-84.6(3) This section does not prohibit a municipality from:

requiring a business license to operate a business within the municipality; or imposing requirements related to building, health, and fire codes.

10-8-85 - Prison labor and fines.

They may provide by ordinance that any person committed to the county or municipal jail or other place of incarceration as a punishment or in default of the payment of a fine, or fine and costs, shall be required to work for the city at such labor as the person’s strength will permit not exceeding eight hours in each working day; and that a judgment that the defendant pay a fine or a fine and costs may also direct that the defendant be imprisoned until the amount thereof is satisfied, specifying the extent of imprisonment which cannot exceed one day for each $2 of such amount.

10-8-85.4 - Ordinances regarding short-term rentals — Prohibition on ordinances restricting speech on short-term rental websites — Evidence of short-term rental — Removing a listing.

10-8-85.4(1) As used in this section:“Internal accessory dwelling unit” means the same as that term is defined in Section 10-20-606.”Permit number” means a unique identifier issued by a municipality and may include a business license number.”Request” means a formal inquiry made by a municipality to a short-term rental website that is not a legal requirement.”Residential unit” means a residential structure or any portion of a residential structure that is occupied as a residence.”Short-term rental” means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.”Short-term rental website” means a website or other digital platform that:allows a person to offer a short-term rental to one or more prospective renters; andfacilitates the renting of, and payment for, a short-term rental.”URL” means uniform resource locater. 10-8-85.4(2) Notwithstanding Section 10-20-501 or 10-20-503, a legislative body may not:enact or enforce an ordinance that prohibits an individual from listing or offering a short-term rental on a short-term rental website; oruse an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website. 10-8-85.4(3) If a municipality regulates short-term rentals, Subsection (2)(b) does not prevent the municipality from using a listing or offering of a short-term rental on a short-term rental website as evidence that a short-term rental took place so long as the municipality has additional information to support the position that an owner or lessee violated a municipal ordinance. 10-8-85.4(4) A municipality may adopt an ordinance requiring the owner or lessee of a short-term rental to obtain a business license or other permit from the municipality before operating a short-term rental within the municipality. 10-8-85.4(5) A municipality may not regulate a short-term rental website.If a municipality allows short-term rentals within a portion of or all residential or commercial zones in the municipality, the municipal legislative body may request a short-term rental website to remove a short-term rental listing or offering from the short-term rental website after notice from the municipality, as described in Subsection (6), only if the short-term rental is operating in violation of business license requirements or zoning requirements. 10-8-85.4(6) A municipality that provides a notice to a short-term rental website that a short-term rental within the municipality is in violation of the municipality’s business licensing requirements or zoning requirements shall identify in the notice:the listing or offering to be removed by the listing’s offering’s URL; andthe reason for the requested removal. 10-8-85.4(7) If a legislative body imposes transient room tax on the rental of rooms in hotels, motels, inns, trailer courts, campgrounds, tourist homes, and similar accommodations for stays of less than 30 consecutive days as authorized by Section 59-12-352 or 59-12-353:the municipality may provide the listing or offering of a short-term rental on a short-term rental website to the county auditor as evidence that the owner or lessee of a short-term rental may be subject to the transient room tax; andthe county auditor may utilize the listing or offering of a short-term rental on a short-term rental website when making a referral to the State Tax Commission, as described in Section 59-12-302. 10-8-85.4(8) Subsection (2) does not apply to an individual who lists or offers an internal accessory dwelling unit as a short-term rental on a short-term rental website if the municipality records a notice for the internal accessory dwelling unit under Subsection 10-21-303(5).

10-8-85.5 - “Rental dwelling” defined — Municipality may require a business license or a regulatory business license and inspections — Exception.

10-8-85.5(1) As used in this section, “rental dwelling” means a building or portion of a building that is:used or designated for use as a residence by one or more persons; andavailable to be rented, loaned, leased, or hired out for a period of one month or longer; orarranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer. 10-8-85.5(2) Subject to Subsection (2)(e), the legislative body of a municipality may by ordinance require the owner of a rental dwelling located within the municipality:to obtain a business license pursuant to Section 10-1-203; orto obtain a regulatory business license to operate and maintain the rental dwelling in accordance with Section 10-1-203.5; andto allow inspections of the rental dwelling as a condition of obtaining a regulatory business license.A municipality may not require an owner of multiple rental dwellings or multiple buildings containing rental dwellings to obtain more than one regulatory business license for the operation and maintenance of those rental dwellings.A municipality may not charge a fee for the inspection of a rental dwelling.If a municipality’s inspection of a rental dwelling, allowed under Subsection (2)(a)(ii)(B), approves the rental dwelling for purposes of a regulatory business license, a municipality may not inspect that rental dwelling except as provided for in Section 10-1-203.5.An ordinance under Subsection (2)(a) does not apply to an owner of a rental dwelling who demonstrates by a signed affidavit that the owner does not receive compensation from the use of the owner’s rental dwelling. 10-8-85.5(3) A municipality may not:interfere with the ability of an owner of a rental dwelling to contract with a tenant concerning the payment of the cost of a utility or municipal service provided to the rental dwelling; orexcept as required under the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act, for a structural change to the rental dwelling, or as required in an ordinance adopted before January 1, 2008, require the owner of a rental dwelling to retrofit the rental dwelling with or install in the rental dwelling a safety feature that was not required when the rental dwelling was constructed. 10-8-85.5(4) Nothing in this section shall be construed to affect the rights and duties established under Title 57, Chapter 22, Utah Fit Premises Act, or to restrict a municipality’s ability to enforce its generally applicable health ordinances or building code, a local health department’s authority under Title 26A, Chapter 1, Local Health Departments, or the Department of Health and Human Service’s authority under Title 26B, Utah Health and Human Services Code.

10-8-85.6 - Definitions — Electronic payments — Fee.

10-8-85.6(1) As used in this section:

“Electronic payment” means the payment of money to a municipality by electronic means, including by means of a credit card, charge card, debit card, prepaid or stored value card or similar device, or automatic clearinghouse transaction. “Electronic payment fee” means an amount of money to defray the discount fee, processing fee, or other fee charged by a credit card company or processing agent to process an electronic payment. “Processing agent” means a bank, transaction clearinghouse, or other third party that charges a fee to process an electronic payment. 10-8-85.6(2) A municipality may accept an electronic payment for the payment of funds which the municipality could have received through another payment method. 10-8-85.6(3) A municipality that accepts an electronic payment may charge an electronic payment fee.

10-8-85.7 - Implements of husbandry tracking debris onto municipal roads.

A municipality may not prohibit or punish the tracking of dirt, mud, or other debris onto a municipal road resulting from the operation of an implement of husbandry if the operation of the implement of husbandry is consistent with accepted agricultural practices.

10-8-85.8 - Indemnification of farmers markets.

A municipality may: 10-8-85.8(1) operate a farmers market, as defined in Section 4-5-102, on municipality-owned property in order to promote economic development; 10-8-85.8(2) indemnify a food producer participating in the farmers market; and 10-8-85.8(3) define the scope of the indemnification in an agreement with the food producer.

10-8-85.9 - Preservation of historical areas and sites.

A municipality may: 10-8-85.9(1) expend public funds to preserve, protect, or enhance an historical area or site; 10-8-85.9(2) acquire an historical area or site by direct purchase, contract, lease, trade, or gift; 10-8-85.9(3) obtain an easement or right-of-way across public or private property to ensure access or proper development of an historical area or site; 10-8-85.9(4) protect an historical area or site; 10-8-85.9(5) ensure proper development and utilization of land or an area adjacent to an historical area or site; and 10-8-85.9(6) enter into an agreement with a private individual for the right to purchase an historical area or site if and when the private individual elects to sell or dispose of the owner’s property.

10-8-85.10 - Ordinances regarding co-ownership — Prohibition on municipal ordinances restricting co-ownership models.

10-8-85.10(1) As used in this section:“Co-owned home” means any residential unit that is jointly owned, in any manner or form, by any combination of individuals or entities.”Residential unit” means the same as that term is defined in Section 10-8-85.4. 10-8-85.10(2) Notwithstanding Section 10-20-501 and Subsection 10-20-503(1), a municipal legislative body may not:adopt or enforce a land use regulation that regulates co-owned homes differently than other residential units; oruse a land use regulation governing co-owned homes to fine, charge, prosecute, or otherwise punish an individual solely for the act of owning or using a co-owned home. 10-8-85.10(3) Notwithstanding Subsection (2), a legislative body may adopt and enforce land use regulations, if the regulations are applied equally to all residential units, including co-owned homes. 10-8-85.10(4) This section does not limit private individuals or associations from adopting rules or regulations governing co-owned homes. 10-8-85.10(5) Nothing in this section limits a municipality’s authority to adopt or enforce regulations regarding:accessory dwelling units, as defined in Section 10-20-102;internal accessory dwelling units, as defined in Section 10-21-101; orthe rental of a residential unit for fewer than 30 days consistent with Section 10-8-85.4.

10-8-86 - Organization, operation, maintenance, and funding of system for public transit authorized.

10-8-86(1) The governing body of any municipality may adopt a resolution allowing the municipality to organize, operate, and maintain a system for public transit within the municipality and to impose a sales and a use tax to fund the system for public transit as provided in Section 59-12-2213. 10-8-86(2) The authority granted municipalities by this section to organize, operate, and maintain a system for public transit is inapplicable to a municipality located in or within five highway or roadway miles of the boundary of an existing transit district, unless the existing transit district consents to the organization and operation of the system for public transit by the municipality.

10-8-87 - Transportation connectivity plan — Reporting.

10-8-87(1) On or before July 1, 2027, a municipality within a metropolitan planning organization boundary shall, in consultation with relevant stakeholders, update the transportation and traffic circulation element of the municipality’s general plan as described in Subsection 10-20-404(2)(a)(ii) to identify priority connections to remedy physical impediments, including water conveyances, that would improve circulation and enhance vehicle, transit, bicycle, or pedestrian access to significant economic, educational, recreational, and other priority destinations. 10-8-87(2) For a priority connection identified in accordance with Subsection (1), a municipality shall identify:cost estimates;potential funding sources, including state, local, federal, and private funding; andimpediments to constructing the connections. 10-8-87(3) A metropolitan planning organization, in consultation with each affected municipality, shall report to the Transportation Interim Committee regarding:the status of the required municipal modifications to general plans required by Subsection (2);the status of a regional roadway grid network study;physical and other impediments to constructing priority transportation connections; andpotential funding sources, including state, local, federal, and private funding, to make transportation connectivity improvements.The metropolitan planning organization shall provide the report described in Subsection (3)(a) on or before November 1 of 2025, 2026, and 2027. 10-8-87(4) Enhancement of transportation connectivity as described in Subsection (1) shall be given consideration in the prioritization processes described in Sections 72-1-304 and 72-2-302.

10-8-89 - Damage to abutting property — Liability of city.

Whenever by the grading of any street, alley or other public ground in a city, pursuant to the action of the city authorities in changing the established grade of such street, alley or public ground, after valuable improvements have been made upon real property abutting thereon such real property is injured or diminished in value, the owner of such real property or improvements may recover from such city the amount of such damages or diminution in value in a civil action brought for that purpose.

10-8-90 - Ownership and operation of hospitals.

10-8-90(1) Each city of the third, fourth, or fifth class and each town of the state is authorized to construct, own, and operate hospitals and to join with other cities, towns, and counties in the construction, ownership, and operation of hospitals. 10-8-90(2) Beginning July 1, 2017, a hospital under Subsection (1) that owns a nursing care facility regulated under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, and uses an intergovernmental transfer as that term is defined in Section 26B-3-130 may not enter into a new agreement or arrangement to operate a nursing care facility in another city, town, or county without first entering into an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or other contract with the other city, town, or county to operate the nursing care facility. Subsection (2)(a) only applies to a city or town described in Subsection (1).

10-8-92 - Joint board — Membership — Powers.

When two or more political subdivisions of the state of Utah join together under this part for the purposes set forth herein, there shall be set up by the political subdivisions so joining, a joint board whose membership shall have equal representation from each of the political subdivisions joining, and which said board shall be empowered with the administration, operation, construction and maintenance of said joint hospital.

10-8-93 - Control of funds and disbursements — Auditing of accounts by county auditor — Transfer of county tax funds to board to cover deficiencies.

10-8-93(1) Subject to Subsection (1)(b), the joint board created pursuant to this part shall have the custody and control of all funds collected in the joint operation of such hospital and the disbursement thereof. The county auditor of any county participating under the provisions of this part shall audit the accounts of said board quarterly or at more frequent intervals, if the county auditor determines the accounts require a more frequent audit. 10-8-93(2) The county executive of any county participating in the operation and maintenance of hospitals pursuant to this part may pay over to the joint board of such hospitals any funds yielded by a levy made pursuant to Subsection 17-63-701(2) that may be required to cover any deficiencies incurred in the operation and maintenance of such hospital.

10-8-94 - Towns with same authority as cities.

Towns have the same powers and authority granted to cities under this chapter, in addition to other powers conferred by law, but subject to the following: 10-8-94(1) The town council may enact ordinances providing for the public safety, health, morals, and welfare of the town which are not prohibited, preempted by, or inconsistent with, the policy of state or federal law or the constitution of Utah or the United States, or attempt to regulate an area which by the nature of the subject requires uniform state regulation. 10-8-94(2) The town council:

may lay out, construct, open, and keep in repair canals, water ditches, or water pipes to conduct water for artificial light and power purposes, and construct, own, and operate artificial light and power plants; may construct, own, and operate water pipes for irrigation, domestic, or other use for the inhabitants of the town; and may annually assess and collect a special tax of not to exceed .0008 per dollar of taxable value of taxable property in the town for those purposes.