reglab/statecodes huggingface dataset:
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 207 - Powers of department and political subdivisions over airports -- Security unit.

Effective 5/12/2020
72-10-207.
Powers of department and political subdivisions over airports -- Security unit.
(1) The department, and counties, municipalities, or other political subdivisions of this state that have established or may establish airports or that acquire, lease, or set apart real property for those purposes, may:
(a) construct, equip, improve, maintain, and operate the airports or may vest the authority for their construction, equipment, improvement, maintenance, and operation in an officer of the department or in an officer, board, or body of the political subdivision;
(b) adopt rules, establish charges, fees, and tolls for the use of airports and landing fields, fix penalties for the violation of the rules, and establish liens to enforce payment of the charges, fees, and tolls, subject to approval by the commission;
(c) lease the airports to private parties for operation for a term not exceeding 50 years, as long as the public is not deprived of its rightful, equal, and uniform use of the facility;
(d) lease or assign space, area, improvements, equipment, buildings, and facilities on the airports to private parties for operation for a term not exceeding 50 years;
(e) lease or assign real property comprising all or any part of the airports to private parties for the construction and operation of hangars, shop buildings, or office buildings for a term not exceeding 50 years, if the projected construction cost of the hangar, shop building, or office building is $100,000 or more; and
(f) establish, maintain, operate, and staff a security unit for the purpose of enforcing state and local laws at any airport that is subject to federal airport security regulations.
(2) The department or political subdivision shall pay the construction, equipment, improvement, maintenance, and operations expenses of any airport established by them under Subsection (1).
(3)
(a) If the department or political subdivision establishes a security unit under Subsection (1)(f), the department head or the governing body of the political subdivision shall appoint persons qualified as peace officers under Title 53, Chapter 13, Peace Officer Classifications to staff the security unit.
(b) A security unit appointed by the department or political subdivision is exempt from civil service regulations.
(c) If the department or political subdivision establishes a security unit under Subsection (1)(f), the department head or the governing body of the political subdivision:
(i) may allow peace officers or other workers to assist with airport operations and vehicle and traffic flow; and
(ii) may not allow peace officers or other workers to:
(A) unreasonably impede or obstruct traffic;
(B) create unsafe traffic situations; or
(C) intimidate vehicle drivers or airport passengers.
Amended by Chapter 377, 2020 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 208 - Providing for levying of taxes.

72-10-208.
Providing for levying of taxes.
The local public authorities having power to appropriate money within the counties, municipalities, or other public subdivisions of this state for the purpose of acquiring, establishing, developing, operating, maintaining, or controlling airports under the provisions of this part, are authorized to appropriate and cause to be raised by taxation or otherwise in such political subdivisions money sufficient to carry out therein the provisions of this part, also to use for such purpose or purposes money derived from the airports.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 209 - Acquisition of air rights -- Condemnation.

Effective 5/14/2019
72-10-209.
Acquisition of air rights -- Condemnation.
(1) To provide unobstructed air space for the landing and taking off of aircraft using airports acquired or maintained under this chapter, the department and a county, municipality, or airport authority may acquire the air rights over private property necessary to insure safe approaches to the landing areas of the airports.
(2) The air rights may be acquired by grant, purchase, lease, or condemnation in the same manner provided under Section 72-10-205 for the acquisition or expansion of airports.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 210 - Easements for marks or lights -- Condemnation.

Effective 5/14/2019
72-10-210.
Easements for marks or lights -- Condemnation.
(1) The department and a county, municipality, or airport authority may acquire the right or easement for a term of years or perpetually to place and maintain suitable marks for the daytime, and to place, operate, and maintain suitable lights for the nighttime marking of buildings or other structures or obstructions for the safe operation of aircraft using airports and landing fields acquired or maintained under this chapter.
(2) The rights or easements may be acquired by grant, purchase, lease, or condemnation in the same manner provided under Section 72-10-205 for the acquisition or expansion of airports.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 211 - Police regulations.

Effective 5/14/2019
72-10-211.
Police regulations.
The department and a county, municipality, or airport authority acquiring, establishing, developing, operating, maintaining, or controlling airports outside the geographical limits of the subdivisions, under this chapter may amend and enforce police regulations for the airports.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 212 - General provisions of law applicable in condemnation proceedings, issuing bonds, and levying taxes.

72-10-212.
General provisions of law applicable in condemnation proceedings, issuing bonds, and levying taxes.
It is the intent and purpose of this part that all provisions herein relating to the issuance of bonds and the levying of taxes for airport purposes and the condemnation for airports and airport facilities shall be construed in accordance with general provisions of the law of this state governing the right and procedure of municipalities to condemn property, issue bonds, and levy taxes.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 213 - Severability clause.

72-10-213.
Severability clause.
If any provision of this part or its application is held invalid, this invalidity does not affect provisions or applications of the part which can be given effect without the invalid provision or application, and to this end the provisions of this part are declared to be severable.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 214 - Construction of part.

72-10-214.
Construction of part.
This part shall be so interpreted and construed as to effectuate the general purpose of those states which enact it.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 215 - Restrictions on use of airport revenue to finance a fixed guideway.

72-10-215.
Restrictions on use of airport revenue to finance a fixed guideway.
An airport operator may not use airport revenue to contribute to the cost of constructing, equipping, maintaining, or operating any portion of a fixed guideway as defined in Section 59-12-102.
Amended by Chapter 263, 2010 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 3 - Federal Airport Funds Act › Section 301 - Definitions.

72-10-301.
Definitions.
As used in this part:
(1) "Airport" means any area of land or water which is used, or intended for use for the landing and taking-off of aircraft, and any appurtenant areas which are used, or intended for use, for aircraft buildings or other airport facilities or rights of way, together with all airport buildings and facilities located on them.
(2) "Air navigation facility" means any facility -- other than one owned and operated by the United States -- used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of the facilities.
(3) "Airport hazard" means any structure, object of natural growth, or use of land which obstructs the air space required for the flight of aircraft in landing or taking-off at an airport or is otherwise hazardous to the landing or taking-off of aircraft.
(4) "Municipality" means any county, city, town, or political subdivision of this state.
(5) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representation thereof.
(6) "Public agency" means the United States government or any of its agencies, a state or its agencies, a municipality or other political subdivision, or a tax-supported organization.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 3 - Federal Airport Funds Act › Section 302 - Purpose and policy of part.

72-10-302.
Purpose and policy of part.
It is declared that the purpose of this part is to further the public interest in aeronautical progress:
(1) by authorizing public agencies of this state to accept, channel, and disburse federal, state, and other funds for the planning, acquisition, construction, maintenance, operation, and regulation of airports and air navigation facilities;
(2) by granting to a state agency the powers and imposing upon it the duties that the state may obtain the full benefit of financial assistance made available by the federal government, as well as assistance from other sources;
(3) by providing authority that may be exercised by a public agency independently or jointly with other public agencies, and enabling two or more cities, towns, counties, and other political subdivisions jointly to establish, acquire, develop, and operate an airport or airports for their joint or common use.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 3 - Federal Airport Funds Act › Section 303 - Submission of requests for aid -- Approval by department -- Receipt and disbursement of funds.

Effective 5/14/2019
72-10-303.
Submission of requests for aid -- Approval by department -- Receipt and disbursement of funds.
(1) The state, a county, municipality, or airport authority may not submit to any federal agency or department of the United States any requests for aid under any act of congress that provides funds for airports or commercial airport construction, development, expansion, or improvements, unless the project and the requests for aid have been first approved by the department.
(2) The state, a county, municipality, or airport authority may not directly accept, receive, receipt for, or disburse any funds granted by the United States under the act, but it shall designate the department as its agent and in its behalf to accept, receive, receipt for, and disburse the funds.
(3) The state, a county, municipality, or airport authority shall enter into an agreement with the department, prescribing the terms and conditions of the agency in accordance with federal laws, rules, and regulations and applicable laws of this state.
(4) Money paid by the United States government shall be retained by the state or paid to a county, municipality, or airport authority under terms and conditions imposed by the United States government in making the grant.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 3 - Federal Airport Funds Act › Section 304 - Powers and duties of department.

Effective 5/14/2019
72-10-304.
Powers and duties of department.
(1) The department may make available its engineering and other technical services, with or without charge, to the state, a county, municipality, or airport authority or person desiring them in connection with the planning, acquisition, construction, improvement, maintenance, or operation of airports or air navigation facilities.
(2)
(a) The department may render financial assistance by grant, loan, or both, to any county, municipality, or airport authority, in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled by the county, municipality, or airport authority, out of appropriations made by the Legislature for these purposes.
(b) Financial assistance may be furnished in connection with federal or other financial aid for the same purposes.
(3)
(a) The department may use the facilities and services of other state agencies and of the counties and municipalities to the utmost extent possible.
(b) The state agencies, counties, and municipalities shall make available their facilities and services.
(4) All powers granted to any county, municipality, or airport authority by this chapter may be exercised jointly with any county, municipality, or airport authority, and jointly with any state agency or the United States if the laws of the other state or of the United States permit the joint exercise.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 3 - Federal Airport Funds Act › Section 305 - Mutual assistance -- Gifts, leases, and loans.

72-10-305.
Mutual assistance -- Gifts, leases, and loans.
(1) If any public agency determines that the public interest and the interest of the public agency will be served by assisting any other public agency in exercising the powers and authority granted by this part, the public agency may furnish assistance by gift of real or personal property or money or lease or loan with or without charge or interest.
(2) In appropriating the property or money and providing for the assistance by taxation, the issuance of bonds, or other means, the public agency may exercise all of its powers as though used for its own direct purposes as provided in this part.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 3 - Federal Airport Funds Act › Section 306 - Contractual powers of public agencies.

72-10-306.
Contractual powers of public agencies.
A public agency may enter into any contracts necessary to the execution of the powers granted it, and for the purposes provided by this part.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 3 - Federal Airport Funds Act › Section 307 - Powers of governing bodies.

72-10-307.
Powers of governing bodies.
The governing body of any public agency having power to appropriate and raise money is authorized to appropriate, and to raise by taxation or otherwise, sufficient money to carry out the provisions and purposes of this part.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 3 - Federal Airport Funds Act › Section 308 - Construction of part.

72-10-308.
Construction of part.
This part shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this state and other states and of the government of the United States having to do with the subject of public airports.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 3 - Federal Airport Funds Act › Section 309 - Severability clause.

72-10-309.
Severability clause.
If any provision of this part or its application to any person or circumstance shall be held invalid, this invalidity does not affect the provisions or applications of this part which can be given effect without the invalid provision or application, and to this end the provisions of this part are declared to be severable.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 4 - Airport Zoning Act › Section 401 - Definitions.

Effective 5/3/2023
72-10-401.
Definitions.
As used in this part, unless the context otherwise requires:
(1) "Airport" means any publicly used area of land or water that is used, or intended to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of the public for these purposes.
(2) "Airport hazard" means any structure, tree, object of natural growth, or use of land that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable airspace required for the flight of aircraft in landing or take-off at an airport.
(3) "Airport influence area" means land located within 5,000 feet of an airport runway.
(4) "Airport overlay zone" means a secondary zoning district designed to protect the public health, safety, and welfare near an airport that:
(a) applies land use regulation in addition to the primary zoning district land use regulation of property used as an airport and property within an airport influence area;
(b) may extend beyond the airport influence area;
(c) ensures airport utility as a public asset;
(d) protects property owner land values near an airport through compatible land use regulations as recommended by the Federal Aviation Administration; and
(e) protects aircraft occupant safety through protection of navigable airspace.
(5) "Avigation easement" means an easement permitting unimpeded aircraft flights over property subject to the easement and includes the right:
(a) to create or increase noise or other effects that may result from the lawful operation of aircraft; and
(b) to prohibit or remove any obstruction to such overflight.
(6) "Land use regulation" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
(7) "Political subdivision" means any municipality, city, town, or county.
(8) "Structure" means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines.
(9) "Tree" means any object of natural growth.
Amended by Chapter 65, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 4 - Airport Zoning Act › Section 402 - Declaration with respect to airport hazards.

Effective 5/3/2023
72-10-402.
Declaration with respect to airport hazards.
The Legislature finds that:
(1) an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity;
(2) an obstruction of the type that reduces the size of the area available for the landing, taking-off, and maneuvering of aircraft tends to destroy or impair the utility of the airport and the public investment in the airport;
(3) the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question;
(4) it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented;
(5) this should be accomplished, to the extent legally possible, by exercise of the police power, without compensation;
(6) both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests in land; and
(7) the establishment of an airport overlay zone best prevents the creation or establishment of an airport hazard, and promotes the public health, safety, and general welfare.
Amended by Chapter 65, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 4 - Airport Zoning Act › Section 403 - Airport zoning regulations.

Effective 5/3/2023
72-10-403.
Airport zoning regulations.
(1) In order to prevent the creation or establishment of airport hazards, each political subdivision located within an airport influence area, shall adopt, administer, and enforce land use regulations for the airport influence area, including an airport overlay zone, under the police power and in the manner and upon the conditions prescribed:
(a) in this part;
(b)Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; and
(c)Title 17, Chapter 27a, County Land Use, Development, and Management Act.
(2)
(a) Each political subdivision located within an airport influence area shall notify a person building on or developing land in an airport influence area, in writing, of aircraft overflights and associated noise.
(b) To promote the safe and efficient operation of the airport, a political subdivision located within an airport influence area:
(i) shall:
(A) adopt an airport overlay zone conforming to the requirements of this chapter and 14 C.F.R. Part 77; and
(B) require any proposed development within an airport influence area to conform with 14 C.F.R. Part 77; and
(ii) may, as a condition to granting a building permit, subdivision plat, or a requested zoning change within an airport influence area, require a person building or developing land to grant or sell to the airport owner, at appraised fair market value, an avigation easement.
(3) If a political subdivision located within an airport influence area fails to adopt an airport overlay zone by December 31, 2024, then the following requirements shall apply in an airport influence area:
(a) each political subdivision located within an airport influence area shall notify a person building on or developing land within an airport influence area, in writing, of aircraft overflights and associated noise;
(b) as a condition to granting a building permit, subdivision plat, or a requested zoning change within an airport influence area, require the person building or developing land to grant or sell to the airport owner, at appraised fair market value, an avigation easement; and
(c) require a person building or developing land within an airport influence area conform to the requirements of this chapter and 14 C.F.R. Part 77.
Amended by Chapter 65, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 4 - Airport Zoning Act › Section 404 - Zoning ordinances -- Governing law in event of conflict.

Effective 5/3/2023
72-10-404.
Zoning ordinances -- Governing law in event of conflict.
In the event of conflict between any airport land use regulations adopted under this part and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the airport overlay zone requirement shall govern and prevail.
Amended by Chapter 65, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 4 - Airport Zoning Act › Section 413 - Purchase or condemnation of air rights or navigation easements.

Effective 5/3/2023
72-10-413.
Purchase or condemnation of air rights or navigation easements.
A political subdivision owning the airport, whether or not the airport is located within the territorial limits of the political subdivision, or a political subdivision that is served by the airport may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, an air right, an avigation easement, or other estate or interest in the property or nonconforming structure or use in question if:
(1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use;
(2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport land use regulations under this part; or
(3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations.
Amended by Chapter 65, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 4 - Airport Zoning Act › Section 415 - Severability clause.

72-10-415.
Severability clause.
If any provision of this part or its application to any person or circumstances is held invalid, this invalidity does not affect the provisions or applications of the part which can be given effect without the invalid provision or application, and to this end the provisions of this part are declared to be severable.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 5 - Flying While Intoxicated › Section 501 - Flying under the influence of alcohol, drugs, or with specified or unsafe blood alcohol concentration -- Calculations of blood or breath alcohol -- Criminal punishment -- Arrest without warrant.

72-10-501.
Flying under the influence of alcohol, drugs, or with specified or unsafe blood alcohol concentration -- Calculations of blood or breath alcohol -- Criminal punishment -- Arrest without warrant.
(1)
(a) A person may not operate or be in actual physical control of an aircraft within this state if the person:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .04 grams or greater at the time of the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating an aircraft; or
(iii) has a blood or breath alcohol concentration of .04 grams or greater at the time of operation or actual physical control.
(b) The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense against any charge of violating this section.
(2) Calculations of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(1).
(3)
(a) A person convicted of a violation of Subsection (1) is guilty of a:
(i) class B misdemeanor; or
(ii) class A misdemeanor if the person has also inflicted bodily injury upon another as a proximate result of having operated the aircraft in a negligent manner.
(b) In this section, the standard of negligence is that of simple negligence, the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
(4) A peace officer may, without a warrant, arrest a person for a violation of this section when the officer has probable cause to believe:
(a) the violation has occurred, although not in the officer's presence; and
(b) the violation was committed by that person.
Amended by Chapter 2, 2005 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 5 - Flying While Intoxicated › Section 503 - Standards for chemical analysis of breath or oral fluids -- Evidence.

72-10-503.
Standards for chemical analysis of breath or oral fluids -- Evidence.
(1) The Commissioner of the Department of Public Safety shall establish standards for the administration and interpretation of chemical analysis of a person's breath or oral fluids, including standards of training.
(2) In any action or proceeding in which it is material to prove that a person was operating or in actual physical control of an aircraft while under the influence of alcohol or any drug or operating with a blood or breath alcohol content statutorily prohibited, documents offered as memoranda or records of acts, conditions, or events to prove that the analysis was made and the instrument used was accurate, according to standards established in Subsection (1), are admissible if:
(a) the judge finds that they were made in the regular course of the investigation at or about the time of the act, condition, or event; and
(b) the source of information from which made and the method and circumstances of their preparation indicate their trustworthiness.
(3) If the judge finds that the standards established under Subsection (1) and the conditions of Subsection (2) have been met, there is a presumption that the test results are valid and further foundation for introduction of the evidence is unnecessary.
Amended by Chapter 205, 2004 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 5 - Flying While Intoxicated › Section 504 - Admissibility of chemical test results in actions for flying under the influence -- Weight of evidence.

72-10-504.
Admissibility of chemical test results in actions for flying under the influence -- Weight of evidence.
(1)
(a) In any civil or criminal action or proceeding in which it is material to prove that a person was operating or in actual physical control of an aircraft while under the influence of alcohol, drugs, or with a blood or breath alcohol content statutorily prohibited, the results of a chemical test or tests as authorized in Section 72-10-502 are admissible as evidence.
(b)
(i) In a criminal proceeding, noncompliance with Section 72-10-502 does not render the results of the chemical test inadmissible.
(ii) Evidence of a defendant's blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution.
(2) This section does not prevent a court from receiving otherwise admissible evidence as to a defendant's blood or breath alcohol level or drug level at the time relevant to the alleged offense.
Amended by Chapter 106, 2002 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 6 - Airport Ground Transportation Security › Section 601 - Definitions.

72-10-601.
Definitions.
As used in this part:
(1) "City" means a municipality of the first class, as defined under Section 10-2-301, that:
(a) is authorized by statute to operate an airport; and
(b) operates an airport with greater than 10 million annual passengers.
(2) "Division" means the Criminal Investigation and Technical Services Division of the Department of Public Safety, established in Section 53-10-103.
(3) "Ground transportation service" means transporting passengers for hire or as a courtesy in connection with a business over public streets pursuant to a license with the city.
(4)
(a) "Ground transportation service provider" means a driver who provides ground transportation service where the pickup or drop-off of a passenger occurs at an airport under a city's authority.
(b) "Ground transportation service provider" includes:
(i) a taxicab driver;
(ii) a limousine or luxury car driver;
(iii) a bus or minibus driver, except a driver of a transit vehicle, as defined in Section 17B-2a-802;
(iv) a courtesy vehicle or hotel vehicle driver;
(v) a special transportation vehicle driver who transports persons with a disability; and
(vi) a van driver.
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 6 - Airport Ground Transportation Security › Section 602 - Criminal background check authorized -- Written notice required.

72-10-602.
Criminal background check authorized -- Written notice required.
(1) A city may by ordinance require a ground transportation service provider to submit to a criminal background check as a condition of providing ground transportation service to an airport under the city's authority.
(2)
(a) Each ground transportation service provider, if required to submit a background check under Subsection (1), shall:
(i) submit a fingerprint card in a form acceptable to the division; and
(ii) consent to a fingerprint background check by:
(A) the Utah Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(b) If requested by a city that has adopted an ordinance in accordance with Subsection (1), the division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check through a national criminal history system for each background check requested by a city under this section.
(c)
(i) If a city has adopted an ordinance in accordance with Subsection (1), the city may make a ground transportation service provider's access to provide ground transportation service to an airport conditional pending completion of a criminal background check under this section.
(ii) If a criminal background check discloses that a ground transportation service provider failed to disclose accurately a criminal history, the city may deny or, if conditionally given, immediately terminate the ground transportation service provider's right to provide ground transportation service to an airport.
(iii) If a ground transportation service provider accurately disclosed the relevant criminal history and the criminal background check discloses that the ground transportation service provider has been convicted of a crime that indicates a potential risk for the safety or well-being of the patrons or employees of the airport under the city's authority, the city may deny or, if conditionally given, immediately terminate the ground transportation service provider's right to provide ground transportation service to an airport.
(3) Each city that requests a criminal background check under Subsection (1) shall prepare criteria for which criminal activity will preclude ground transportation service to the airport and shall provide written notice to the ground transportation service provider who is the subject of the criminal background check that the background check has been requested.
(4) The legislative body of a city may by a majority vote of its members overrule a decision made by the mayor or a city employee establishing the criteria for precluding the right of a ground transportation service provider under Subsection (3).
Enacted by Chapter 137, 2006 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 6 - Airport Ground Transportation Security › Section 603 - Duties of the Criminal Investigation and Technical Services Division -- Costs of separate file and background check.

72-10-603.
Duties of the Criminal Investigation and Technical Services Division -- Costs of separate file and background check.
(1) If a city requests the division to conduct a criminal background check under Section 72-10-602, the division shall:
(a) release to the city the full record of criminal convictions for the ground transportation service provider who is the subject of the background check;
(b) if requested by the city, seek additional information from regional or national criminal data files in conducting the criminal background check;
(c) maintain a separate file of fingerprints submitted under Section 72-10-602; and
(d) notify the requesting city when a new entry is made against a ground transportation service provider whose fingerprints are held in the file.
(2)
(a) Each city requesting a criminal background check shall pay to the division the cost of:
(i) maintaining the separate file of fingerprints under Subsection (1); and
(ii) conducting a criminal background check under Section 72-10-602, including costs charged by the Federal Bureau of Investigation or other entity for conducting a national criminal background check, if requested by a city.
(b) The cost borne by a city under Subsection (2)(a) may be covered by fees charged to a ground transportation service provider who is the subject of the background check.
Enacted by Chapter 137, 2006 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 6 - Airport Ground Transportation Security › Section 604 - Written notice to ground transportation service provider whose access to airport is denied or terminated -- Right to respond and seek review.

72-10-604.
Written notice to ground transportation service provider whose access to airport is denied or terminated -- Right to respond and seek review.
(1) If a city denies or terminates the right of a ground transportation service provider to provide ground transportation service to an airport because of information obtained through a criminal background check under this part, the city shall:
(a) notify the ground transportation service provider in writing of the reasons for the denial or termination; and
(b) give the ground transportation service provider an opportunity to respond to the reasons and to seek review of the denial or termination through administrative procedures established by the city.
(2) If a ground transportation service provider is denied access to provide ground transportation service to an airport, the denial shall not impact the right of another ground transportation service provider who provides ground transportation service for the same business.
Enacted by Chapter 137, 2006 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 7 - Unmanned Aircraft -- Drones › Section 702 - Applicability.

Effective 5/3/2023
72-10-702.
Applicability.
This chapter does not apply to a person or business entity:
(1) using an unmanned aircraft for legitimate educational or business purposes; and
(2) operating the unmanned aircraft system in a manner consistent with applicable Federal Aviation Administration rules, exemptions, or other authorizations.
Renumbered and Amended by Chapter 216, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 8 - Law Enforcement Use of Unmanned Aircraft › Section 801 - Definitions.

Effective 5/3/2023
72-10-801.
Definitions.
As used in this part:
(1) "Civilian" means a person that is not a law enforcement officer.
(2) "Law enforcement agency" means the same as that term is defined in Section 53-3-102.
(3) "Law enforcement officer" means the same as that term is defined in Section 53-13-103.
(4) "Target" means a person upon whom, or an object, structure, or area upon which, another person:
(a) has intentionally collected or attempted to collect information through the operation of an unmanned aircraft system; or
(b) intends to collect or to attempt to collect information through the operation of an unmanned aircraft system.
Renumbered and Amended by Chapter 216, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 8 - Law Enforcement Use of Unmanned Aircraft › Section 802 - Unmanned aircraft system use requirements -- Exceptions.

Effective 5/3/2023
72-10-802.
Unmanned aircraft system use requirements -- Exceptions.
(1) A law enforcement agency or officer may not obtain, receive, or use data acquired through an unmanned aircraft system unless the data is obtained:
(a) pursuant to a search warrant;
(b) in accordance with judicially recognized exceptions to warrant requirements;
(c) subject to Subsection (2), from a person who is a nongovernment actor;
(d) to locate a lost or missing person in an area in which a person has no reasonable expectation of privacy; or
(e) for purposes unrelated to a criminal investigation.
(2) A law enforcement officer or agency may only use for law enforcement purposes data obtained from a nongovernment actor if:
(a) the data appears to pertain to the commission of a crime; or
(b) the law enforcement agency or officer believes, in good faith, that:
(i) the data pertains to an imminent or ongoing emergency involving danger of death or serious bodily injury to an individual; and
(ii) disclosing the data would assist in remedying the emergency.
(3) A law enforcement agency or officer that obtains, receives, or uses data acquired through the use of an unmanned aircraft system or through Subsection (2) shall destroy the data as soon as reasonably possible after the law enforcement agency or officer obtains, receives, or uses the data subject to an applicable retention schedule under Title 63G, Chapter 2, Government Records Access and Management Act, or a federal, state, or local law.
(4) This section applies to any imaging surveillance device, as defined in Section 77-23d-102, when used in conjunction with an unmanned aircraft system.
Renumbered and Amended by Chapter 216, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 8 - Law Enforcement Use of Unmanned Aircraft › Section 803 - Data retention.

Effective 5/3/2023
72-10-803.
Data retention.
(1) Except as provided in this section, a law enforcement agency:
(a) may not use, copy, or disclose data collected by an unmanned aircraft system on a person, structure, or area that is not a target; and
(b) in accordance with applicable federal, state, and local laws, shall ensure that data described in Subsection (1)(a) is destroyed as soon as reasonably possible after the law enforcement agency collects or receives the data.
(2) A law enforcement agency is not required to comply with Subsection (1) if:
(a) deleting the data would also require the deletion of data that:
(i) relates to the target of the operation; and
(ii) is requisite for the success of the operation;
(b) the law enforcement agency receives the data:
(i) through a court order that:
(A) requires a person to release the data to the law enforcement agency; or
(B) prohibits the destruction of the data; or
(ii) from a person who is a nongovernment actor;
(c)
(i) the data was collected inadvertently; and
(ii) the data appears to pertain to the commission of a crime;
(d)
(i) the law enforcement agency reasonably determines that the data pertains to an emergency situation; and
(ii) using or disclosing the data would assist in remedying the emergency; or
(e) the data was collected through the operation of an unmanned aircraft system over public lands outside of municipal boundaries.
Renumbered and Amended by Chapter 216, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 8 - Law Enforcement Use of Unmanned Aircraft › Section 804 - Reporting.

Effective 5/3/2023
72-10-804.
Reporting.
(1) As used in this section, "law enforcement encounter" means the same as that term is defined in Section 77-7a-103.
(2) A law enforcement officer or agency that operates an unmanned aircraft system while on duty or acting in the law enforcement officer's or agency's official capacity, or obtains or receives data in accordance with Section 72-10-802, shall document the following in any report or other official record of the law enforcement encounter:
(a) the presence and use of the unmanned aircraft;
(b) any data acquired; and
(c) if applicable, the person from whom data was received in accordance with Subsection 72-10-802(2).
Renumbered and Amended by Chapter 216, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 9 - Unlawful Use of Unmanned Aircraft › Section 901 - Definitions.

Effective 5/3/2023
72-10-901.
Definitions.
As used in this part, "weapon" means:
(1) a firearm as that term is defined in Section 76-10-501; or
(2) an object that in the manner of the object's use or intended use is capable of causing death, bodily injury, or damage to property, as determined according to the following factors:
(a) the location and circumstances in which the object is used or possessed;
(b) the primary purpose for which the object is made;
(c) the character of the damage, if any, the object is likely to cause;
(d) the manner in which the object is used;
(e) whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and
(f) the lawful purposes for which the object may be used.
Renumbered and Amended by Chapter 216, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 9 - Unlawful Use of Unmanned Aircraft › Section 902 - Weapon attached to unmanned aircraft -- Penalties.

Effective 5/3/2023
72-10-902.
Weapon attached to unmanned aircraft -- Penalties.
(1)
(a) Except as provided in Subsection (2), a person may not fly an unmanned aircraft that carries a weapon or to which a weapon is attached.
(b) A person that violates Subsection (1)(a) is guilty of a class B misdemeanor.
(2) A person may fly an unmanned aircraft that carries a weapon or to which a weapon is attached if the person:
(a)
(i) obtains a certificate of authorization, or other written approval, from the Federal Aviation Administration authorizing the person to fly the unmanned aircraft that carries the weapon or to which the weapon is attached; and
(ii) operates the unmanned aircraft in accordance with the certificate of authorization or other written approval;
(b)
(i) obtains a contract with the state or the federal government permitting the person to fly the unmanned aircraft that carries the weapon or to which the weapon is attached; and
(ii) operates the unmanned aircraft in accordance with the contract; or
(c) operates the unmanned aircraft that carries the weapon or to which the weapon is attached in airspace controlled by the United States Department of Defense, with the permission of the United States Department of Defense.
Renumbered and Amended by Chapter 216, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 9 - Unlawful Use of Unmanned Aircraft › Section 903 - Unlawful operation of unmanned aircraft near prison facilities -- Penalties.

Effective 5/3/2023
72-10-903.
Unlawful operation of unmanned aircraft near prison facilities -- Penalties.
(1) An individual may not operate an unmanned aircraft system:
(a) to carry or drop any item to or inside the property of a correctional facility; or
(b) in a manner that interferes with the operations or security of a correctional facility.
(2)
(a) A violation of Subsection (1)(a) is a third degree felony.
(b) A violation of Subsection (1)(b) is a class B misdemeanor.
(3) An operator of an unmanned aircraft system does not violate Subsection (1) if the operator is:
(a) an employee or contractor working on behalf of a mosquito abatement district created pursuant to Title 17B, Limited Purpose Local Government Entities - Special Districts, or Title 17D, Limited Purpose Local Government Entities - Other Entities; and
(b) acting in the course and scope of the operator's employment.
Amended by Chapter 16, 2023 General Session
Renumbered and Amended by Chapter 216, 2023 General Session