17-64 - County Legislative Body
Title 17 > 17-64
Sections (22)
General Provisions
17-64-101 - Definitions.
(1) “Chair” means the member of the legislative body selected under Section 17-64-304.
(2) “County officer” means the same as that term is defined in Section 17-66-101.
(3) “Finance officer” means the same as that term is defined in Section 17-63-101.
(4) “Legislative body” means:a county commission; ora county council.
(5) “Member” means an individual who has been elected or appointed to serve on a legislative body.
(6) “Rules of order and procedure” means a set of rules that govern and prescribe in a public meeting:parliamentary order and procedure;ethical behavior; andcivil discourse.
Enacted by Chapter 13, 2025 Special Session 1
17-64-102 - Members of county legislative bodies constitute county officers.
(1) is a county officer, as described in Section 17-66-102; and
(2) shall comply with the relevant provisions of Chapter 66, County Officers and Officials Generally, in addition to the provisions of this chapter.
Enacted by Chapter 13, 2025 Special Session 1
17-64-103 - Seal for county — Optional seal for county district court.
(1) The legislative body of each county shall:adopt a seal for the county, the impression of which shall contain the words “State of Utah, County of ________________”; andfile an impression of the seal in the office of the county clerk and with the Division of Archives.
(2) If a county provides clerk services to that county’s district court, the legislative body of the county shall:provide a seal for the clerk of the district court of the county, the impression of which shall contain the words “District Court, State of Utah,” together with the name of the county; andfile an impression of the seal in the office of the county clerk and with the Division of Archives.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Qualifications and Term
17-64-201 - Eligibility — Election.
Each member of a legislative body shall:
(1) be a registered voter of the county which the member represents; and
(2) have been a registered voter for at least one year immediately before the member’s election.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-202 - Crime insurance for breach of duty by county legislative body member.
(1) obtain, and pay the premiums for, crime insurance on the members of the legislative body in relation to the performance of the member’s duties; and
(2) set the amount of coverage required for the crime insurance described in Subsection (1).
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Meetings
17-64-301 - Meetings — At county seat — Exception.
(1) The legislative body shall provide by ordinance for the holding of regular meetings of the legislative body.The legislative body may cancel a regular meeting as the legislative body considers appropriate.
(2) Except as provided in Subsection (2)(b), each regular meeting of the legislative body shall be held at: the county seat; ora location within the county, established by county ordinance.If approved by a vote of the legislative body, a legislative body may hold an occasional meeting in a location not described in Subsection (2)(a) but within the county as the public business requires.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-302 - Special meetings — How called — Business limited.
(1) If the business of the county requires a special meeting of the legislative body, a meeting may be ordered by a majority of the legislative body or by the chair.
(2) Each order calling a special meeting shall:be signed by the members or chair calling the meeting;be entered in the minutes of the legislative body; andspecify the business to be transacted at the meeting.
(3) No business other than that specified in the order may be transacted at a special meeting unless all members of the legislative body are present and give consent.
(4) Except as otherwise provided by county ordinance, the county clerk shall give five days notice of each special meeting to each member of the legislative body who does not join in the order calling the meeting.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-303 - Meetings to comply with open meetings law — Records and minutes — Compelling attendance at meetings of legislative body.
(1) Each meeting of the legislative body shall comply with Title 52, Chapter 4, Open and Public Meetings Act.
(2) Subject to Subsection (2)(b), a legislative body shall:make or adopt rules of order and procedure to govern a public meeting of the legislative body;conduct a public meeting in accordance with the rules of order and procedure described in Subsection (2)(a)(i); andmake the rules of order and procedure described in Subsection (2)(a)(i) available to the public on the county’s public website.Subsection (2)(a) does not affect a legislative body’s duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
(3) The chair and county clerk shall sign the records and minutes of the legislative body.
(4) The legislative body may compel the attendance of the legislative body’s own members at meetings and provide penalties for the failure to comply with an exercise of the authority to compel attendance.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-304 - Chair — Oaths — Quorum.
(1) Each legislative body shall: elect a chair from the membership of the legislative body; andmay elect a vice chair from the membership of the legislative body.
(2) Except as provided in Subsection (2)(b), the chair shall preside at all meetings of the legislative body, and in case of the chair’s absence or inability to act, the vice chair, if there is one, shall preside.If both the chair and vice chair, if there is one, are absent or unable to act, the members present shall, by an order entered in the meeting minutes, select a temporary chair to preside at the meeting.
(3) Any member of the legislative body may administer oaths to any individual when necessary in the performance of official duties.
(4) Not less than a majority of members shall constitute a quorum for the transaction of business, and no act of the legislative body shall be valid or binding unless a majority of members present when a quorum is present concurs therein.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-305 - Rules and regulations governing legislative body and transaction of business — Expulsion of members prohibited — Exception for disorderly conduct.
(1) The legislative body may make and enforce regulations for: the government of the legislative body;the preservation of order; andthe transaction of business .
(2) Except as provided in Subsection (3), the legislative body may not expel a member from an open public meeting or prohibit the member from attending an open public meeting.
(3) Except as provided in Subsection (4), following a two-thirds vote of the members, the legislative body may fine or expel a member of the legislative body for:disorderly conduct at the open public meeting;a member’s direct or indirect financial conflict of interest regarding an issue discussed at or action proposed to be taken at the open public meeting; ora commission of a crime during the open public meeting.
(4) A legislative body may adopt ordinances that expand the reasons or establish more restrictive procedures for the expulsion of a member from a public meeting.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Powers and Duties
17-64-401 - General powers, duties, and functions of legislative body.
(1) Except as expressly provided otherwise in statute, a legislative body shall exercise all legislative powers, have all legislative duties, and perform all legislative functions of the county, including those enumerated in this chapter.
(2) A legislative body may take any action required by law and necessary to the full discharge of the legislative body’s duties, even though the action is not expressly authorized by statute.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-402 - Records to be kept.
A legislative body shall ensure the following records are kept:
(1) a minute record, in which shall be recorded: all orders and decisions made by the legislative body; andthe daily proceedings had at all regular and special meetings;
(2) an allowance record, in which shall be recorded all orders for the allowance of money from the county treasury, to whom made and on what account, dating, numbering, and indexing the same through each year;
(3) a road record, containing all proceedings and adjudications relating to the establishment, maintenance, charge, and discontinuance of roads and road districts, and all contracts and other matters pertaining thereto;
(4) a franchise record, containing all franchises granted by the board, for what purpose, the length of time, and to whom granted, the amount of bond and license tax required or other consideration to be paid;
(5) an ordinance record, in which shall be entered all ordinances and resolutions adopted by the legislative body in accordance with Part 5, Ordinances and Policies; and
(6) a warrant record, to be kept by the county auditor, in which shall be entered in the order of drawing all warrants drawn on the treasurer, with their number and reference to the order on the minute record, with date, amount, on what account, and the name of the payee.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-403 - Dividing county into precincts and districts.
A legislative body may:
(1) divide the county into precincts, districts, or other entities as permitted or required by law; and
(2) may change any precinct, district, or other entity and create new precincts, districts, or other entities as convenience requires.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-404 - Examination and audit of accounts.
(1) A legislative body may examine and audit the accounts of all county officers having the care, management, collection, or disbursement of money belonging to the county or appropriated by law or otherwise for the county’s use and benefit.
(2) Subject to Subsection (2)(b), the finance officer of the county shall reply to each request for financial information by a legislative body or any member of a legislative body within five business days after the day on which the finance officer receives the request.If a request for financial information requires an extended time period to research and compile, the finance officer shall provide written notice to the legislative body that includes an explanation for the delay and the date when the information will be provided to the legislative body.
(3) A legislative body may hire professional staff to provide technical assistance and analysis of all financial matters of the county.
(4) Nothing in this section may be construed to affect a county auditor’s authority under Chapter 69, County Auditor.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-405 - Investigation by legislative body — Witnesses — Hearings.
(1) A legislative body may investigate any matter pertaining to the county or county business or affairs or any county officer, and may require the attendance of witnesses and take evidence in legislative body investigations.
(2) At legislative body investigations, any member may administer oaths to witnesses.
(3) If the legislative body appoints a member to a committee upon any subject or matter and confers upon that member power to hear or take evidence, the committee shall have the same powers as the legislative body itself.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-406 - County hospitals under jurisdiction of legislative body.
(1) All county hospitals are under the jurisdiction of the legislative body.
(2) The legislative body shall ensure that any county hospital complies with Chapter 77, Local Health and Human Services.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-407 - Duties as board of equalization.
The legislative body shall perform the duties as a county board of equalization that are provided by law.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Ordinances and Policies
17-64-501 - Ordinances — Power to enact — Penalty for violation.
(1) A legislative body may:pass ordinances: necessary for carrying into effect or discharging the powers and duties conferred by this title; andas are necessary and proper to provide for the safety, and preserve the health, promote the prosperity, improve the morals, peace, and good order, comfort, and convenience of the county and county inhabitants, and for the protection of property in the county;enforce obedience to ordinances with fines or penalties as the legislative body considers proper;pass ordinances to control air pollution;pass resolutions; andmake or adopt policies that conform with a county ordinance, county resolution, or provision of state or federal law.
(2) Punishment imposed under Subsection (1)(b) shall be by fine, imprisonment, or both fine and imprisonment.A fine imposed under Subsection (2)(a)(i) may not exceed the maximum fine for a class B misdemeanor under Section 76-3-301.Notwithstanding Subsection (2)(a), a county may not impose a criminal penalty greater than an infraction for a violation pertaining to an individual’s pet, as defined in Section 4-12-102, or an individual’s use of the individual’s residence unless:the violation:is a nuisance as that term is defined in Section 78B-6-1101; andthreatens the health, safety, or welfare of the individual or an identifiable third party; orthe county has imposed a fine on the individual for a violation that involves the same residence or pet on three previous occasions within the past 12 months.Subsection (2)(b) does not apply to county enforcement of a building code or fire code ordinance in accordance with Title 15A, State Construction and Fire Codes Act.When a penalty for a violation of an ordinance includes any possibility of imprisonment, the legislative body shall include in the ordinance a statement that the county is required, under Section 78B-22-301, to provide for indigent defense services, as that term is defined in Section 78B-22-102.Notwithstanding any other provision of law, the following may issue a criminal citation for a violation that is punished as a misdemeanor if the violation threatens the health and safety of an animal or the public:a fire officer described in Section 53-7-102;a law enforcement officer described in Section 53-13-103; oran animal control officer described in Section 11-46-102.
(3) Except as specifically authorized by statute, the legislative body may not impose a civil penalty for the violation of a county traffic ordinance.Subsection (3)(a) does not apply to an ordinance regulating the parking of vehicles on a highway.
(4) A county may not issue more than one infraction within a 14-day period for a violation described in Subsection (2)(b) that is ongoing.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-502 - Ordinances — Effective dates — Publication — Adoption of ordinances printed in book form — Review of nuisance ordinances.
(1) The enacting clause of an ordinance adopted by the county legislative body shall be as follows: “The County Legislative Body of ______________County ordains as follows:“.
(2) The chair shall sign, and the county clerk shall attest to, each ordinance.If the legislative body votes to adopt an ordinance, county staff shall:record the vote of each member in attendance and enter each vote in the minutes of the meeting; andenter the full text of the adopted ordinance in the county ordinance book.
(3) Except as provided in Subsection (6), no ordinance passed by the legislative body may take effect within less than 15 days after passage of the ordinance.The legislative body shall, before the ordinance may take effect:deposit a copy of the ordinance in the office of the county clerk; andpublish a short summary of the ordinance, together with a statement that a complete copy of the ordinance is available at the county clerk’s office and with the name of the members voting for and against the ordinance:for at least one publication in:a newspaper published in and having general circulation in the county, if there is one; orif there is none published in the county, in a newspaper of general circulation within the county; andas required in Section 45-1-101; orpost a complete copy of the ordinance in nine public places within the county.
(4) Any ordinance printed by authority of the legislative body in book form or electronic media, or any general revision of county ordinances printed in book form or electronic media, may be adopted by an ordinance making reference to the printed ordinance or revision if a copy of the ordinance or revision is filed in the office of the county clerk at the time of adoption for use and examination by the public.
(5) If the legislative body adopts an ordinance establishing rules and regulations, printed as a code in book form or electronic media, for the construction of buildings, the installation of plumbing, the installation of electric wiring, or other related or similar work, the legislative body may adopt the ordinance by reference to the code book if a copy of the code book is filed in the office of the county clerk at the time of the adoption of the ordinance for use and examination by the public.
(6) If, in the opinion of the legislative body, an ordinance is necessary for the immediate preservation of the peace, health, or safety of the county and the county’s inhabitants, the ordinance may, if clearly stated in the ordinance, take effect immediately upon publication in one issue of a newspaper published in and having general circulation in the county, if there is one, and if there is none published in the county, then immediately after posting at the courthouse door.
(7) An ordinance may take effect at a later date than provided in this section, if the ordinance clearly states the later effective date.
(8) An order entered in the minutes of the legislative body that an ordinance has been duly published or posted shall be prima facie proof of the publication or posting.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-503 - Duty of county legislative body to provide for operation and functioning of county personnel — Conflicts with state or federal law.
(1) It is the duty of the legislative body to provide for the operation and functioning of any activity within the purpose and spirit of Chapter 75, General County Personnel Management, and Chapter 76, County Emergency Personnel Management, which is necessary and expedient.
(2) Notwithstanding any provision to the contrary, a legislative body may not adopt an ordinance or resolution that would deprive the county or any county departments, agencies, or institutions of state or federal grants or other forms of financial assistance.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-504 - Administrative hearings and procedures — Penalty for code violation.
(1) A legislative body may adopt an ordinance establishing an administrative hearing process to review and decide matters relating to the violation, enforcement, or administration of a county civil ordinance, including an ordinance related to the following:a building code;planning and zoning;animal control;licensing;health and safety;county employment; orsanitation.
(2) An ordinance adopted in accordance with Subsection (1) shall provide appropriate due process protections for a party participating in an administrative hearing.
(3) An administrative hearing held in accordance with an ordinance described in Subsection (1) may be conducted by an administrative law judge.
(4) A county may not impose a civil penalty and adjudication for the violation of a county moving traffic ordinance.
(5) A county may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the county provides to the individual who is subject to the penalty written notice that:identifies the relevant regulation or ordinance at issue;specifies the violation of the relevant regulation or ordinance; andprovides for a reasonable time to cure the violation, taking into account the cost of curing the violation.A county may not collect on a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance that is outstanding or pending on or after May 14, 2019, unless the county imposed the outstanding or pending penalty in relation to a written notice that:identified the relevant regulation or ordinance at issue;specified the violation of the relevant regulation or ordinance; andprovided for a reasonable time to cure the violation, taking into account the cost of curing the violation.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-64-505 - Business license fees and taxes — Application information to be transmitted to the county assessor.
(1) As used in this section, “business” means any enterprise carried on for the purpose of gain or economic profit, except that the acts of employees rendering services to employers are not included in this definition.
(2) Except as provided in Subsection (4), the legislative body may by ordinance: provide for the licensing of businesses within the unincorporated areas of the county for the purpose of regulation; andimpose fees on businesses to recover the county’s costs of regulation.
(3) All license fees and taxes shall be uniform in respect to the class upon which the license fees and taxes are imposed.
(4) As used in this Subsection (4):“Event requirement” means a requirement a county imposes on individuals who participate in a county event.”Event requirement” does not include a requirement that is inconsistent with Subsection (4)(b).”Exempt individual” means an individual who, under Subsection (4)(b), may not be required to have a business license or permit.”County event” means an event hosted or sponsored by a county.A county may not require a license or permit for a business that is operated:only occasionally; andby an individual who is under 19 years old.Subsection (4)(b) does not prevent a county from imposing an event requirement on an exempt individual who participates in a county event.
(5) A county may not:charge a license fee for a home-based business unless the combined offsite impact of the home-based business and the primary residential use materially exceeds the offsite impact of the primary residential use alone; orrequire, as a condition of obtaining or maintaining a license or permit for a business:that an employee or agent of a business complete education, continuing education, or training that is in addition to requirements under state law or state licensing requirements; orthat a business disclose financial information, inventory amounts, or proprietary business information except as specifically authorized under state or federal law.
(6) The county business licensing agency shall transmit the information from each approved business license application to the county assessor within 60 days after the day on which the licensing agency approves the application.
(7) This section may not be construed to enhance, diminish, or otherwise alter the taxing power of counties existing before the effective date of Laws of Utah 1988, Chapter 144.
Renumbered and Amended by Chapter 13, 2025 Special Session 1