reglab/statecodes huggingface dataset:
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 710 - Publication in book, pamphlet or looseleaf form -- State statutes.

10-3-710.
Publication in book, pamphlet or looseleaf form -- State statutes.
Ordinances revised, codified, compiled and published in book, pamphlet or looseleaf form by authority of the governing body need not be printed or published in any other manner, except that the ordinance adopting the revision, codification or compilation shall be published or posted in the manner provided by law. Provisions of state law may be adopted by reference. Any changes necessary to conform those state laws with municipal ordinance shall be noted.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 711 - Publication and posting of ordinances.

Effective 5/3/2023
10-3-711.
Publication and posting of ordinances.
(1) Before an ordinance may take effect, the legislative body of each municipality adopting an ordinance, except an ordinance enacted under Section 10-3-706, 10-3-707, 10-3-708, 10-3-709, or 10-3-710, shall:
(a) deposit a copy of the ordinance in the office of the municipal recorder; and
(b) publish for the municipality a short summary of the ordinance, as a class A notice under Section 63G-30-102.
(2)
(a) Any ordinance, code, or book, other than the state code, relating to building or safety standards, municipal functions, administration, control, or regulations, may be adopted and shall take effect without further publication or posting, if reference is made to the code or book and at least one copy has been filed for use and examination by the public in the office of the recorder or clerk of the city or town prior to the adoption of the ordinance by the governing body.
(b) Any state law relating to building or safety standards, municipal functions, administration, control, or regulations, may be adopted and shall take effect without further publication or posting if reference is made to the state code.
(c) The ordinance adopting the code or book shall be published in the manner provided in this section.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 712 - Effective date.

10-3-712.
Effective date.
Ordinances shall become effective 20 days after publication or posting or 30 days after final passage by the governing body, whichever is closer to the date of final passage, but ordinances may become effective at an earlier or later date after publication or posting if so provided in the ordinance.
Amended by Chapter 42, 1983 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 713 - Recording, numbering, and certification of passage.

10-3-713.
Recording, numbering, and certification of passage.
The municipal recorder shall record, in a book used exclusively for that purpose, all ordinances passed by the governing body. The recorder shall give each ordinance a number, if the governing body has not already so done. Immediately following each ordinance, or codification of ordinances, the recorder shall make or cause to be made a certificate stating the date of passage and of the date of publication or posting, as required. The record and memorandum, or a certified copy thereof, shall be prima facie evidence of the contents, passage, and publication or posting of the ordinance or codification.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 714 - Contents, dates, publication proved under seal.

10-3-714.
Contents, dates, publication proved under seal.
The contents of all municipal ordinances, the dates of passage, and the date of publication or posting may be proved by the certification of the municipal recorder under the seal of the municipality.
Amended by Chapter 4, 1993 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 715 - Municipal ordinances received in evidence.

10-3-715.
Municipal ordinances received in evidence.
Whenever municipal ordinances are printed in book, pamphlet or looseleaf form and purport to be published by the authority of the governing body, the book, pamphlet or looseleaf shall be prima facie evidence of the contents, passage, and legal publication of such ordinances, as of the dates mentioned in the book, pamphlet, or looseleaf in all courts and administrative proceedings.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 716 - Fines and forfeitures -- Disposition.

10-3-716.
Fines and forfeitures -- Disposition.
All fines, penalties, and forfeitures for the violation of any ordinance, when collected, shall be paid in accordance with Section 51-4-2. A violation of this section constitutes a class C misdemeanor. The retention or use of any fine, penalty, or forfeiture by any person for personal use or benefit constitutes a class B misdemeanor, except that if the amount or amounts exceed $1,000 the offense is a class A misdemeanor as defined in the Utah Criminal Code.
Amended by Chapter 55, 2006 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 717 - Purpose of resolutions.

Effective 5/12/2015
10-3-717.
Purpose of resolutions.
Unless otherwise required by law, the governing body may:
(1) exercise all administrative powers by resolution including:
(a) establishing water and sewer rates;
(b) establishing charges for garbage collection and fees charged for municipal services;
(c) establishing personnel policies and guidelines; and
(d) regulating the use and operation of municipal property; and
(2) not impose a punishment, fine, or forfeiture by resolution.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 718 - Form of resolution.

10-3-718.
Form of resolution.
Any resolution passed by the governing body of each municipality shall be in a form and contain sections substantially similar to that prescribed for ordinances.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 719 - Resolutions need no publication effective date.

10-3-719.
Resolutions need no publication effective date.
Resolutions may become effective without publication or posting and may take effect on passage or at a later date as the governing body may determine, but resolutions may not become effective more than three months from the date of passage.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 8 - Municipal Administration › Section 801 - Administrative powers in cities of the first class.

10-3-801.
Administrative powers in cities of the first class.
The executive and administrative powers, authority and duties in cities of the first class shall be divided into and among five departments as follows:
(1) Department of Public Affairs and Finance;
(2) Department of Water Supply and Waterworks;
(3) Department of Public Safety;
(4) Department of Streets and Public Improvements; and
(5) Department of Parks and Public Property.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 8 - Municipal Administration › Section 803 - Officers limited to one office -- Exceptions.

10-3-803.
Officers limited to one office -- Exceptions.
In cities of the first class, the mayor, commissioners, recorder and treasurer shall administer only one office under the city government, except that the offices of city recorder and auditor may be held by one person.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 8 - Municipal Administration › Section 805 - Administrative powers in cities of the second class.

10-3-805.
Administrative powers in cities of the second class.
The administrative powers, authority and duties in cities of the second class shall be divided into five departments which shall be:
(1) Department of Public Affairs and Finances.
(2) Department of Water and Waterworks.
(3) Department of Public Safety.
(4) Department of Streets and Public Improvements.
(5) Department of Parks and Public Property.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 8 - Municipal Administration › Section 818 - Salaries in municipalities -- Notice.

Effective 5/3/2023
10-3-818.
Salaries in municipalities -- Notice.
(1) The elective and statutory officers of municipalities shall receive such compensation for their services as the governing body may fix by ordinance adopting compensation or compensation schedules enacted after public hearing.
(2) Upon its own motion the governing body may review or consider the compensation of any officer or officers of the municipality or a salary schedule applicable to any officer or officers of the city for the purpose of determining whether or not it should be adopted, changed, or amended. In the event that the governing body decides that the compensation or compensation schedules should be adopted, changed, or amended, it shall set a time and place for a public hearing at which all interested persons shall be given an opportunity to be heard.
(3) Notice of the time, place, and purpose of the meeting shall be published, for at least seven days before the day of the meeting, for the municipality, as a class A notice under Section 63G-30-102.
(4) After the conclusion of the public hearing, the governing body may enact an ordinance fixing, changing, or amending the compensation of any elective or appointive officer of the municipality or adopting a compensation schedule applicable to any officer or officers.
(5) Any ordinance enacted before Laws of Utah 1977, Chapter 48, by a municipality establishing a salary or compensation schedule for its elective or appointive officers and any salary fixed prior to Laws of Utah 1977, Chapter 48, shall remain effective until the municipality has enacted an ordinance pursuant to the provisions of this chapter.
(6) The compensation of all municipal officers shall be paid at least monthly out of the municipal treasury provided that municipalities having 1,000 or fewer population may by ordinance provide for the payment of its statutory officers less frequently. None of the provisions of this chapter shall be considered as limiting or restricting the authority to any municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article XI, Section 5, to determine the salaries of its elective and appointive officers or employees.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 8 - Municipal Administration › Section 826 - Official neglect and misconduct class A misdemeanor -- Removal from office.

10-3-826.
Official neglect and misconduct class A misdemeanor -- Removal from office.
In case any municipal officer shall at any time wilfully omit to perform any duty, or wilfully and corruptly be guilty of oppression, malconduct, misfeasance, or malfeasance in office, the person is guilty of a class A misdemeanor, shall be removed from office, and is not eligible for any municipal office thereafter.
Amended by Chapter 178, 1986 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 8 - Municipal Administration › Section 828 - Oath -- Filing.

10-3-828.
Oath -- Filing.
The oath of office required under this part shall be administered by any judge, notary public, or by the recorder of the municipality. Elected officials shall take their oath of office at 12:00 noon on the first Monday in January following their election or as soon thereafter as is practical. Appointed officers shall take their oath at any time before entering on their duties. All oaths of office shall be filed with the recorder of the respective municipality.
Amended by Chapter 59, 1990 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 8 - Municipal Administration › Section 831 - Fidelity bonds and theft or crime insurance.

Effective 5/14/2019
10-3-831.
Fidelity bonds and theft or crime insurance.
(1) As used in this section, "municipal officer" means:
(a) the mayor;
(b) each member of the municipal legislative body;
(c) the municipal treasurer; and
(d) anyone for whom the municipal legislative body determines a general fidelity or public employee blanket bond or theft or crime insurance should be acquired.
(2)
(a)
(i) Except as provided in Subsection (2)(b), the legislative body of each municipality shall prescribe the amount of a general fidelity bond or theft or crime insurance to be acquired for the municipal officer.
(ii) If, under Subsection (2)(a)(i), a municipality has prescribed the amount of the general fidelity bond required, then theft or crime insurance in an amount that is not less than the bond satisfies the requirement described in Subsection (2)(a)(i).
(iii) Before a municipal officer may discharge the duties of the officer's office, the municipality shall have in place a bond or theft or crime insurance covering the municipal officer in the amounts the municipality prescribes.
(b) Before the municipal treasurer may discharge the duties of the treasurer's office, the municipality shall have in place a bond or theft or crime insurance covering the treasurer in an amount not less than the amount the State Money Management Council, created in Section 51-7-16, prescribes.
(c) A municipal legislative body may acquire a fidelity bond or theft or crime insurance on all municipal officers and the municipal treasurer as a group rather than individually.
(3) The municipal legislative body shall pay the cost of each fidelity bond and theft or crime insurance policy from municipal funds.
(4) The municipal recorder shall file and maintain each fidelity bond acquired under this section.
Enacted by Chapter 318, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 902 - City engineer required to be licensed.

10-3-902.
City engineer required to be licensed.
Each person appointed as city engineer shall be a registered professional engineer under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
Amended by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 903 - City engineer -- Custodian of records of public improvements.

10-3-903.
City engineer -- Custodian of records of public improvements.
The city engineer's office in cities of the first and the second class shall be an office of record for all maps, plans, plats, profiles, drawings, final estimates, specifications and contracts which in any way relate to the public improvements and engineering affairs of the city. The city engineer shall be custodian of all drawings and documents above mentioned.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 904 - Books and supplies -- Recording, filing and inspection.

10-3-904.
Books and supplies -- Recording, filing and inspection.
The city engineer's office shall be supplied with all necessary books, cases and supplies for recording and filing as required. The city engineer shall record and file all drawings and documents pertaining to public lands and improvements. Those made in his office shall be placed on record as soon as completed and shall then be open for public inspections, and any person copying the same or taking notes therefrom may do so in pencil only. He shall keep the records and files in good condition and turn the same over to his successor in office. He shall allow no alteration, mutilation or changes to be made in any matter of record, and shall be held strictly accountable for the same.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 905 - Fees to be paid in advance.

10-3-905.
Fees to be paid in advance.
The city engineer may not record any drawings or instruments, or file any papers or notices, or furnish any copies, or render any service connected with his office, until the fees for the same are paid or tendered as prescribed by law or ordinance.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 906 - Seal.

10-3-906.
Seal.
The city engineer shall be provided with a seal by the city for his use, containing the words "____City, Utah, Engineering Department." The seal shall be affixed to every certification approval.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 907 - Recordation not to interfere with other recordation.

10-3-907.
Recordation not to interfere with other recordation.
The recording or filing of any drawing or instrument in the city engineer's office may not interfere or conflict in any way with the recording or filing of the same in other offices of record.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 908 - Noncompliance a misdemeanor.

Effective 5/8/2018
10-3-908.
Noncompliance a misdemeanor.
Any city engineer who fails to comply with Sections 10-3-903 through 10-3-907 is guilty of a class B misdemeanor.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 909 - Police and fire departments in cities of the first and second class.

10-3-909.
Police and fire departments in cities of the first and second class.
Each city of the first or the second class shall provide police services and may create, support, maintain, and control a fire department in the city.
Amended by Chapter 79, 1998 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 910 - Heads of departments and subordinate officers.

Effective 5/14/2019
10-3-910.
Heads of departments and subordinate officers.
(1) The administration of the police and fire departments shall consist of a chief of each department and other officers, members, employees and agents as provided by ordinance or statute.
(2) The heads of the police and fire departments shall be appointed in accordance with Title 10, Chapter 3b, Forms of Municipal Government.
Amended by Chapter 472, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 912 - Chief of department may suspend subordinates.

10-3-912.
Chief of department may suspend subordinates.
(1) The chief of each department may at any time suspend any subordinate officers, members, employees, or agents employed therein when in his judgment the good of the service demands it, and during the time of suspension, the person suspended is not entitled to any salary or compensation whatsoever.
(2) Any suspension of employees in the classified civil service which exceeds three days or 24 working hours is subject to an appeal to the civil service commission as provided in Section 10-3-1012.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 913 - Authority of chief of police -- Oversight.

Effective 9/1/2022
10-3-913.
Authority of chief of police -- Oversight.
(1) The chief of police has the same authority as the sheriff within the boundaries of the municipality of appointment. The chief has authority to:
(a) suppress riots, disturbances, and breaches of the peace;
(b) apprehend all persons violating state laws or city ordinances;
(c) diligently discharge his duties and enforce all ordinances of the city to preserve the peace, good order, and protection of the rights and property of all persons;
(d) attend the municipal justice court located within the city when required, provide security for the court, and obey its orders and directions; and
(e) select a representative of law enforcement to serve as a member of a child protection team, as defined in Section 80-1-102.
(2) This section is not a limitation of a police chief's statewide authority as otherwise provided by law.
(3) The chief of police shall adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender.
(4)
(a) Notwithstanding Sections 10-3-918 and 10-3-919, a municipality may not establish a board, committee, or other entity that:
(i) has authority independent of the chief of police; and
(ii)
(A) has authority to overrule a hiring or appointment proposal of the chief of police;
(B) is required to review or approve a police department's rules, regulations, policies, or procedures in order for the rules, regulations, policies, or procedures to take effect;
(C) has authority to veto a new policy, or strike down an existing policy, established under the authority of the chief of police;
(D) is required to review or approve a police department's budget in order for the budget to take effect; or
(E) has authority to review or approve a contract the police department makes with a police union or other organization.
(b) Nothing in this Subsection (4):
(i) limits the authority the Utah Code provides over the chief of police;
(ii) prohibits the municipal council or chief executive officer from taking a lawful action described in Subsection (4)(a)(ii) that is allowed by law; or
(iii) limits the authority of a civil service commission established in accordance with Title 10, Chapter 3, Part 10, Civil Service Commission.
(5) Subject to Subsection (4), a municipality may establish a board, committee, or other entity that relates to the provision of law enforcement services and that has authority independent of the chief of police if the municipality:
(a) directly appoints the board, committee, or other entity's members; and
(b) provides direct oversight of the board, committee, or other entity.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 914 - Police officers -- Authority.

10-3-914.
Police officers -- Authority.
(1) Within the boundaries of the municipality, police officers have the same authority as deputy sheriffs, including at all times the authority to preserve the public peace, prevent crime, detect and arrest offenders, suppress riots, protect persons and property, remove nuisances existing in the public streets, roads, and highways, enforce every law relating to the suppression of offenses, and perform all duties required of them by ordinance or resolution.
(2) This section is not a limitation of a police officer's statewide authority as otherwise provided by law.
Amended by Chapter 44, 1990 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 915 - Rights to arrest without warrant.

10-3-915.
Rights to arrest without warrant.
The members of the police force shall have the power and authority, without process, to arrest and take into custody any person who shall commit or threaten or attempt to commit in the presence of the officer, or within his view, any breach of the peace, or any offense directly prohibited by the laws of this state or by ordinance.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 916 - Appointment of recorder and treasurer in a city of third, fourth, or fifth class or a town -- Vacancies in office.

Effective 5/9/2017
10-3-916.
Appointment of recorder and treasurer in a city of third, fourth, or fifth class or a town -- Vacancies in office.
(1)
(a) In each city of the third, fourth, or fifth class and in each town, the mayor, with the advice and consent of the city council, shall appoint a qualified person to the office of city recorder and a qualified person to the office of city treasurer.
(b) The mayor and city council shall use best efforts to ensure the office of city recorder or office of city treasurer is not vacant.
(2) The city recorder is ex officio the city auditor and shall perform the duties of that office.
(3) The mayor, with the advice and consent of the council, may also appoint and fill vacancies in all offices provided for by law or ordinance.
(4) All appointed officers shall continue in office until their successors are appointed and qualified.
Amended by Chapter 36, 2017 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 917 - Engineer in a city of the third, fourth, or fifth class or town.

10-3-917.
Engineer in a city of the third, fourth, or fifth class or town.
The governing body of a city of the third, fourth, or fifth class or a town may by ordinance establish the office of municipal engineer and prescribe the duties and obligations for that office which are consistent with the duties and obligations of the city engineer in cities of the first and second class. If a city of the third, fourth, or fifth class or town uses the engineer employed by the county in which the municipality is located, the municipality may, by ordinance prescribe for its municipal engineer either the duties of a municipal engineer or, if different, the duties of the county engineer, or a combination of duties.
Amended by Chapter 292, 2003 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 918 - Chief of police or marshal in a city of the third, fourth, or fifth class or town.

Effective 5/14/2019
10-3-918.
Chief of police or marshal in a city of the third, fourth, or fifth class or town.
Subject to Subsection 10-3-913(4), the chief of police or marshal in each city of the third, fourth, or fifth class or town:
(1) shall:
(a) exercise and perform the duties that are prescribed by the legislative body;
(b) be under the direction, control, and supervision of the person or body that appointed the chief or marshal; and
(c) adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender; and
(2) may, with the consent of the person or body that appointed the chief or marshal, appoint assistants to the chief of police or marshal.
Amended by Chapter 472, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 919 - Powers, duties, and obligations of police chief, marshal, and their assistants in a city of the third, fourth, or fifth class or town.

10-3-919.
Powers, duties, and obligations of police chief, marshal, and their assistants in a city of the third, fourth, or fifth class or town.
The chief of police, marshals, and their assistants in a city of the third, fourth, or fifth class or town shall have all of the powers, rights, and duties respectively conferred on such officers in Sections 10-3-913 through 10-3-915.
Amended by Chapter 292, 2003 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 9 - Appointed Officials and Their Duties › Section 928 - Attorney duties -- Deputy public prosecutor.

Effective 5/8/2018
10-3-928.
Attorney duties -- Deputy public prosecutor.
In cities with a city attorney, the city attorney:
(1) may prosecute violations of city ordinances;
(2) may prosecute, under state law, infractions and misdemeanors occurring within the boundaries of the municipality;
(3) has the same powers in respect to violations as are exercised by a county attorney or district attorney, except that a city attorney's authority to grant immunity shall be limited to:
(a) granting transactional immunity for violations of city ordinances; and
(b) granting transactional immunity under state law for infractions and misdemeanors occurring within the boundaries of the municipality;
(4) shall represent the interests of the state or the municipality in the appeal of any matter prosecuted in any trial court by the city attorney;
(5) may cooperate with the Office of the Attorney General during investigations; and
(6) may designate a city attorney from another municipality or a public prosecutor to prosecute a matter, in the court having jurisdiction over the matter, if the city attorney has a conflict of interest regarding the matter being prosecuted.
Amended by Chapter 24, 2018 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1001 - Subordinates in police, health, and fire departments to be appointed from list.

10-3-1001.
Subordinates in police, health, and fire departments to be appointed from list.
Subject to the rules and regulations of the civil service commission, the head of the police and fire departments of each first and second class city that establishes a civil service commission and the health officer in each first class city that establishes a civil service commission shall, from the classified civil service list furnished by the civil service commission and by and with the advice and consent of the city legislative body:
(1) appoint all subordinate officers, employees, members, or agents in the department; and
(2) fill vacancies in the positions listed in Subsection (1).
Amended by Chapter 178, 2001 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1002 - Classified civil service -- Places of employment constituting classified civil service -- Appointments to and from classified civil service.

10-3-1002.
Classified civil service -- Places of employment constituting classified civil service -- Appointments to and from classified civil service.
(1) The classified civil service shall consist of all places of employment now existing or hereafter created in or under the police department and the fire department of each first or second class city that establishes a civil service commission and the health department in each first class city that establishes a civil service commission, except the head of the departments, deputy chiefs of the police and fire departments, and assistant chiefs of the police department and fire department in cities of the first and second class, and the members of the board of health of the departments.
(2) No appointments to any of the places of employment constituting the classified civil service in the departments shall be made except according to law and under the rules and regulations of the civil service commission.
(3) The head of each of the departments may, and the deputy chiefs of the police and fire departments and assistant chiefs of the police and fire departments shall, be appointed from the classified civil service, and upon the expiration of the term or upon the appointment of a successor shall be returned thereto.
Amended by Chapter 321, 2012 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1003 - Civil service commission -- Number, term, vacancies.

10-3-1003.
Civil service commission -- Number, term, vacancies.
(1)
(a) A city of the first or second class may establish a civil service commission under this part.
(b) A city that establishes a civil service commission under this part may dissolve the civil service commission.
(2) Each civil service commission under this part shall consist of three members appointed by the city legislative body.
(3)
(a) The term of office of commission members shall be six years, but members shall be appointed so that the term of office of one member shall expire on the 30th day of June of each even-numbered year.
(b) If a vacancy occurs in the civil service commission, it shall be filled by appointment by the city legislative body for the unexpired term.
Amended by Chapter 204, 2006 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1004 - Qualifications of commissioners -- Salary -- Removal.

10-3-1004.
Qualifications of commissioners -- Salary -- Removal.
Not more than two members of the civil service commission shall at any one time be of the same political party. No member of the civil service commission shall during his tenure of office hold any other public office, or be a candidate for any other public office. Each member shall receive $25 for each meeting of the commission which he shall attend, but may not receive more than $100 in any one month. In case of misconduct, inability or willful neglect in the performance of the duties of the office by any member, the member may be removed from office by the board of city commissioners by a majority vote of the entire membership, but the member shall, if he so desires, have opportunity to be heard in defense.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1005 - Organization of commission -- Secretary -- Offices.

10-3-1005.
Organization of commission -- Secretary -- Offices.
The civil service commission shall organize by selecting one of its members chairman, and shall appoint as secretary one of the available officers or employees of the city, who shall act and serve without additional compensation. The secretary shall keep a record of all meetings of the civil service commission and of its work and shall perform such other services as the commission may require, and shall have the custody of the books and records of the commission. The board of city commissioners shall provide suitable accommodations and equipment to enable the civil service commission to attend to its business.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1006 - Rules and regulations -- Printing and distribution.

10-3-1006.
Rules and regulations -- Printing and distribution.
The civil service commission shall make all necessary rules and regulations to carry out the purposes of this part and for examinations, appointments and promotions. All rules and regulations shall be printed by the civil service commission for distribution.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1007 - Examinations.

10-3-1007.
Examinations.
All applicants for employment in the classified civil service shall be subject to examination, which shall be public, competitive and free. Examinations shall be held at such times and places as the civil service commission shall from time to time determine, and shall be for the purpose of determining the qualifications of applicants for positions. Examinations shall be practical and shall fairly test the fitness in every respect of the persons examined to discharge the duties of the positions to which they seek to be appointed, and shall include tests of physical qualifications and health.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1008 - Appointments from civil service list -- Probation period.

10-3-1008.
Appointments from civil service list -- Probation period.
In all cases the appointing power shall notify the civil service commission of each separate position to be filled, and shall fill such place by the appointment of one of the persons certified by the commission therefor. Such appointment shall be on probation, and of a character and for a period to be prescribed by the civil service commission.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1009 - Certification of applicants for position -- Number -- Eligible lists, removal.

10-3-1009.
Certification of applicants for position -- Number -- Eligible lists, removal.
(1) If a position in the classified civil service is to be filled, the civil service commission shall as soon as possible certify to the appointing power the names of:
(a) 10 persons, if the position to be filled is entry level; or
(b) five persons, if the position to be filled is other than entry level.
(2) Persons certified under Subsection (1) shall have the highest standing in the eligible list, but a lesser number may be certified if the required number is not on the eligible list.
(3) If more than one position is available in the same department, the civil service commission shall also certify to the appointing power one additional name for each additional position to be filled.
(4)
(a) All persons not appointed shall be restored to their relative positions on the eligible list.
(b) All persons who have been on the eligible list for two years without appointment shall be removed from the list and may be returned to it only upon regular examination.
Amended by Chapter 23, 1998 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1010 - Promotions -- Basis -- Certification of applicants.

10-3-1010.
Promotions -- Basis -- Certification of applicants.
The civil service commission shall provide for promotion in the classified civil service on the basis of ascertained merit, seniority in service and standing obtained by competitive examination, and shall provide, in all cases where practicable, that vacancies shall be filled by promotion from the members of the next lower rank as submit themselves for the examination and promotion. The civil service commission shall certify to the appointing power the names of not more than five applicants having the highest rating for each promotion.
Amended by Chapter 29, 1983 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1011 - Temporary employees.

10-3-1011.
Temporary employees.
The head of each department, with the advice and consent of the board of city commissioners, may employ any person for temporary work only, without making the appointment from the certified list, but the appointment may not be longer than one month in the same calendar year, and under no circumstances shall the temporary employee be appointed to a permanent position unless he shall have been duly certified by the civil service commission as in other cases.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1012 - Suspension or discharge by department head -- Appeal to commission -- Hearing and decision.

10-3-1012.
Suspension or discharge by department head -- Appeal to commission -- Hearing and decision.
(1) All persons in the classified civil service may be suspended as provided in Section 10-3-912, or removed from office or employment by the head of the department for misconduct, incompetency, failure to perform duties, or failure to observe properly the rules of the department, but subject to appeal by the suspended or discharged person to the civil service commission.
(2) Any person suspended or discharged may, within five days from the issuance by the head of the department of the order of suspension or discharge, appeal to the civil service commission, which shall fully hear and determine the matter.
(3) The suspended or discharged person shall be entitled to appear in person and to have counsel and a public hearing.
(4) The finding and decision of the civil service commission upon the hearing shall be certified to the head of the department from whose order the appeal is taken, and shall be final and immediately enforced by the head.
Amended by Chapter 178, 2001 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1012.5 - Appeal to Court of Appeals -- Scope of review.

10-3-1012.5.
Appeal to Court of Appeals -- Scope of review.
Any final action or order of the commission may be appealed to the Court of Appeals for review. The notice of appeal shall be filed within 30 days of the issuance of the final action or order of the commission. The review by Court of Appeals shall be on the record of the commission and shall be for the purpose of determining if the commission has abused its discretion or exceeded its authority.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 10 - Civil Service Commission › Section 1013 - Annual and special reports by commission.

10-3-1013.
Annual and special reports by commission.
The civil service commission shall in December of each year make an annual report to the board of city commissioners and shall make as many special reports as the board of city commissioners shall request.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 11 - Personnel Rules and Benefits › Section 1103 - Sickness, disability, and death benefits.

Effective 5/4/2022
10-3-1103.
Sickness, disability, and death benefits.
(1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a fetus, regardless of the gestational age or the duration of the pregnancy.
(2) The governing body of each municipality may maintain as to all elective or appointive officers and employees, including heads of departments, a system for the payment of health, dental, hospital, medical, disability and death benefits to be financed and administered in a manner and payable upon the terms and conditions as the governing body of the municipality may by ordinance or resolution prescribe.
(3) The governing bodies of the municipalities may create and administer personnel benefit programs separately or jointly with other municipalities or other political subdivisions of the State of Utah or associations thereof.
(4) The governing body of each municipality shall, by ordinance or resolution, provide for at least three work days of paid bereavement leave for an employee:
(a) following the end of the employee's pregnancy by way of miscarriage or stillbirth; or
(b) following the end of another individual's pregnancy by way of a miscarriage or stillbirth, if:
(i) the employee is the individual's spouse or partner;
(ii)
(A) the employee is the individual's former spouse or partner; and
(B) the employee would have been a biological parent of a child born as a result of the pregnancy;
(iii) the employee provides documentation to show that the individual intended for the employee to be an adoptive parent, as that term is defined in Section 78B-6-103, of a child born as a result of the pregnancy; or
(iv) under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part 8, Gestational Agreement, the employee would have been a parent of a child born as a result of the pregnancy.
Amended by Chapter 166, 2022 General Session
Amended by Chapter 177, 2022 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 11 - Personnel Rules and Benefits › Section 1104 - Library personnel -- Monthly wage deductions and matching sums -- Time of inclusion.

10-3-1104.
Library personnel -- Monthly wage deductions and matching sums -- Time of inclusion.
(1) The librarians, assistants and employees of any public library may, at the discretion of the board of directors of the library, be included within and participate in the pension, retirement, sickness, disability and death benefit system established under Section 10-3-1103. In the event the librarian, assistants and employees of the municipality are included within and participate in the system, there shall be deducted from the monthly wage or salary of the librarian, assistants and employees and paid into the system, a percentage of their wage or salary equal to the percentage of the monthly wage or salary of other employees of the municipality which is paid into the system. Also there shall be paid monthly into the system from the funds of the library a further sum equal to the total amount deducted monthly from the wage or salary of the librarian, assistants and employees and paid into the retirement system.
(2) Where the election by the board of directors of any library for inclusion of its librarian, assistants and employees within the system of any municipality is subsequent to the establishment of the system, the inclusion may begin as of the date of the establishment of the system or as of the date of the election as shall be determined by the board of directors. If inclusion is as of the date of the establishment of the system, there shall be paid into the system in addition to the subsequent monthly wage deductions and matching sums, a sum equal to the aggregate of monthly payroll deductions and matching sums that would have accrued during the period beginning with the establishment of the system and ending with the election had the librarian, assistants and employees been included within the system from its establishment.
Enacted by Chapter 48, 1977 General Session