reglab/statecodes huggingface dataset:
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 218 - Powers of officers-elect.

Effective 5/14/2019
10-2a-218.
Powers of officers-elect.
(1) After the county conducts the canvass of the final election of municipal officers under Section 10-2a-215, and until the future municipality becomes legally incorporated, the officers of the future municipality may:
(a) prepare and adopt, under Chapter 6, Uniform Fiscal Procedures Act for Utah Cities, a proposed budget and compilation of ordinances;
(b) negotiate and make personnel contracts and hirings;
(c) negotiate and make service contracts;
(d) negotiate and make contracts to purchase equipment, materials, and supplies;
(e) borrow funds from the county in which the future municipality is located under Subsection 10-2a-219(3);
(f) borrow funds for startup expenses of the future municipality;
(g) issue tax anticipation notes in the name of the future municipality; and
(h) make appointments to the municipality's planning commission.
(2) The municipal council shall review and ratify each contract made by a municipal officer under Subsection (1) within 30 days after the day on which the municipality's incorporation is effective under Section 10-2a-217.
Amended by Chapter 165, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 219 - Division of municipal service revenues -- County may provide startup funds.

Effective 5/14/2019
10-2a-219.
Division of municipal service revenues -- County may provide startup funds.
(1) The county in which an area incorporating under this part is located shall, until the day on which the municipality's incorporation is effective under Section 10-2a-217, continue to:
(a) levy and collect ad valorem property tax and other revenues from or pertaining to the future municipality; and
(b) except as otherwise agreed by the county and the officers of the municipality, to provide the same services to the future municipality as the county provided before the commencement of the incorporation proceedings.
(2)
(a) The legislative body of the county in which a newly incorporated municipality is located shall share pro rata with the new municipality, based on the date of incorporation, the taxes and service charges or fees levied and collected by the county under Section 17-34-3 during the year of the new municipality's incorporation if and to the extent that the new municipality provides, by itself or by contract, the same services for which the county levied and collected the taxes and service charges or fees.
(b)
(i) The legislative body of a county in which a municipality incorporated after January 1, 2004, is located may share with the new municipality taxes and service charges or fees that were levied and collected by the county under Section 17-34-3:
(A) before the year of the new municipality's incorporation;
(B) from the previously unincorporated area that, because of the municipality's incorporation, is located within the boundaries of the newly incorporated municipality; and
(C) to provide services to the area that before the new municipality's incorporation was unincorporated.
(ii) A county legislative body may share taxes and service charges or fees under Subsection (2)(b)(i) by a direct appropriation of funds or by a credit or offset against amounts due under a contract for a municipal service provided by the county to the new municipality.
(3)
(a) The legislative body of a county in which an area incorporating under this part is located may appropriate county funds to:
(i) before incorporation but after the canvass of the final election of municipal officers under Section 10-2a-215, the officers of the future municipality to pay startup expenses of the future municipality; or
(ii) after incorporation, the new municipality.
(b) Funds appropriated under Subsection (3)(a) may be distributed in the form of a grant, a loan, or as an advance against future distributions made under Subsection (2).
Amended by Chapter 165, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 220 - Costs of incorporation -- Fees established by lieutenant governor.

Effective 5/3/2023
10-2a-220.
Costs of incorporation -- Fees established by lieutenant governor.
(1)
(a) There is created an expendable special revenue fund known as the "Municipal Incorporation Expendable Special Revenue Fund."
(b) The fund shall consist of:
(i) appropriations from the Legislature; and
(ii) fees the lieutenant governor collects and remits to the fund under this section.
(c) The lieutenant governor shall deposit all money collected under this section into the fund.
(2)
(a) The lieutenant governor shall establish a fee in accordance with Section 63J-1-504 for a cost incurred by the lieutenant governor or the county for an incorporation proceeding, including:
(i) a request certification;
(ii) a feasibility study;
(iii) a petition certification;
(iv) publication of notices;
(v) public hearings;
(vi) all other incorporation activities occurring after the elections; and
(vii) any other cost incurred by the lieutenant governor or county in relation to an incorporation proceeding.
(b) A cost under Subsection (2)(a) does not include a cost incurred by a county for holding an election under Section 10-2a-210.
(3) The lieutenant governor shall pay for a cost described in Subsection (2)(a) using funds from the Municipal Incorporation Expendable Special Revenue Fund.
(4)
(a) An area that incorporates as a municipality shall pay:
(i) to the lieutenant governor each fee established under Subsection (2) for each cost described in Subsection (2)(a) incurred by the lieutenant governor or the county; and
(ii) the county for a cost described in Subsection (2)(b).
(b) The lieutenant governor shall execute a payback agreement with each new municipality for the new municipality to pay the fees described in Subsection (4)(a) over a period that, except as provided in Subsection (4)(c), may not exceed five years.
(c) If necessary, the lieutenant governor may extend a fee payment deadline beyond the deadline described in Subsection (4)(b) by amending the payback agreement described in Subsection (4)(b).
(d) The lieutenant governor shall deposit each fee the lieutenant governor collects under Subsection (4)(a)(i) into the Municipal Incorporation Expendable Special Revenue Fund.
(5) If the lieutenant governor expends funds from the Municipal Incorporation Expendable Special Revenue Fund that are not repaid to the lieutenant governor under Subsection (4)(a)(i) because an area did not incorporate as a municipality, the Legislature shall appropriate money to the fund in an amount equal to the funds that are not repaid.
Amended by Chapter 224, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 4 - Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015 › Section 401 - Title.

Effective 5/12/2015
10-2a-401.
Title.
This part is known as "Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015."
Enacted by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 4 - Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015 › Section 402 - Application.

Effective 5/14/2019
10-2a-402.
Application.
(1) The provisions of this part:
(a) apply to a planning township that is:
(i) located in a county of the first class; and
(ii) established before January 1, 2015; and
(b) do not apply to a planning advisory area, as defined in Section 17-27a-103, or any other unincorporated area located outside of a county of the first or second class.
(2)
(a) The provisions of Part 2, Incorporation of a Municipality, apply to an unincorporated area described in Subsection (1) for an incorporation as a city after November 3, 2015.
(b) The provisions of Chapter 2, Part 4, Annexation, apply to an unincorporated island that is not annexed at an election under this part for purposes of annexation on or after November 4, 2015.
Amended by Chapter 165, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 4 - Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015 › Section 403 - Definitions.

Effective 5/12/2015
10-2a-403.
Definitions.
As used in this section:
(1) "Ballot proposition" means the same as that term is defined in Section 20A-1-102.
(2) "Eligible city" means a city whose legislative body adopts a resolution agreeing to annex an unincorporated island.
(3) "Local special election" means the same as that term is defined in Section 20A-1-102.
(4) "Municipal services district" means a district created in accordance with Title 17B, Chapter 2a, Part 11, Municipal Services District Act.
(5)
(a) "Metro township" means, except as provided in Subsection (5)(b), a planning township that is incorporated in accordance with this part.
(b) "Metro township" does not include a township as that term is used in the context of identifying a geographic area in common surveyor practice.
(6)
(a) "Planning township" means an area located in a county of the first class that is established before January 1, 2015, as a township as defined in and established in accordance with law before the enactment of Laws of Utah 2015, Chapter 352.
(b) "Planning township" does not include rural real property unless the owner of the rural real property provides written consent in accordance with Section 10-2a-405.
(7)
(a) "Unincorporated island" means an unincorporated area that is completely surrounded by one or more municipalities.
(b) "Unincorporated island" does not include a planning township.
Enacted by Chapter 352, 2015 General Session
Revisor instructions Chapter 352, 2015 General Session
Revisor instructions to modify language.
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 4 - Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015 › Section 406 - Ballot used at metro township incorporation election.

Effective 5/12/2015
10-2a-406.
Ballot used at metro township incorporation election.
(1) The ballot at the election to incorporate a planning township as a metro township or as a city or town, respectively, shall pose:
(a) the incorporation question substantially as follows:
"Shall [insert name of planning township] be incorporated as a metro township [insert the proposed name of the proposed metro township, which is the formal name of the planning township with the words "metro township" immediately after the formal name] or as the [insert the appropriate designation of city or town based on population classification] of [insert the proposed name of the proposed city or town, respectively, which is the formal name of the planning township with, if the area qualifies as a city under the population classifications, the word "city" immediately after the formal name or if the area qualifies as a town under the population classification, the words "town of" immediately preceding the formal name]?"; and
(b) the question, if a metro township is incorporated, of whether a metro township shall be a metro township with limited municipal powers that is included in a municipal services district substantially as follows:
"If the majority of voters voting in this election vote to incorporate as a metro township, shall the metro township be a metro township with limited municipal powers that is included in a municipal services district?".
(2) The ballot shall provide a space for the voter to indicate:
(a) either the metro township or the city or town, respectively, as described in Subsection (1)(a); and
(b) whether the metro township shall be a metro township with limited municipal powers that is included in a municipal services district.
Enacted by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 4 - Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015 › Section 407 - Ballot used at unincorporated island annexation election.

Effective 5/12/2015
10-2a-407.
Ballot used at unincorporated island annexation election.
(1) The ballot at the election to either annex an unincorporated island into an eligible city or to remain an unincorporated island shall pose the question substantially as follows:
"Shall [insert description of the unincorporated island or part of an island identified in the resolution adopted under Section 10-2a-405] be annexed by [insert name of eligible city identified in the resolution adopted under Section 10-2a-405] or remain unincorporated?".
(2) The ballot shall provide:
(a) a map of the selected unincorporated island and the eligible city; and
(b) a space for the voter to indicate either to annex into the eligible city or to remain an unincorporated area as described in Subsection (1).
Enacted by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 4 - Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015 › Section 408 - Notification to lieutenant governor of incorporation election results.

Effective 5/12/2015
10-2a-408.
Notification to lieutenant governor of incorporation election results.
Within 10 days of the canvass of the incorporation and annexation election, the county clerk shall send written notice to the lieutenant governor of:
(1) the results of the election;
(2) for a planning township:
(a) if the incorporation of a planning township as a metro township passes:
(i) the name of the metro township; and
(ii) the class of the metro township as provided under Section 10-2-301.5; and
(b) if the incorporation of a planning township as a city or town passes:
(i) the name of the city or town; and
(ii) if the incorporated area is a city, the class of the city as defined in Section 10-2-301; and
(3) for an unincorporated island, whether the unincorporated island or a portion of the island shall be annexed into an eligible city.
Enacted by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 4 - Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015 › Section 409 - Unincorporated island annexation -- Notice and recording-- Applicable provisions.

Effective 5/12/2015
10-2a-409.
Unincorporated island annexation -- Notice and recording-- Applicable provisions.
(1) If the annexation of an unincorporated island into an eligible city passes, the legislative body of the eligible city shall comply with Section 10-2-425.
(2) The following provisions apply to an annexation under this part:
(a) Section 10-2-420;
(b) Section 10-2-421;
(c) Section 10-2-422;
(d) Section 10-2-426; and
(e) Section 10-2-428.
Enacted by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 4 - Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015 › Section 411 - Election of officers of new city, town, or metro township.

Effective 3/10/2016
10-2a-411.
Election of officers of new city, town, or metro township.
(1) For the election of the initial office holders of a metro township, city, or town, respectively, incorporated under Section 10-2a-404, the county legislative body shall:
(a) unless a primary election is prohibited by Subsection 20A-9-404(2), hold a primary election at the next regular primary election, as described in Section 20A-1-201.5, following the November 3, 2015, election to incorporate; and
(b) hold a final election at the next regular general election date following the election to incorporate.
(2) The number of officers elected under Subsection (1):
(a) for a metro township, regardless of the metro township's population, shall be consistent with the number of council members described in Subsection 10-2a-404(1)(b)(i); or
(b) for a city or town, shall be consistent with the number of council members, including the city mayor as a member of a city council, described in Subsection 10-2a-404(1)(b)(ii).
(3)
(a) Until the metro township, city, or town is incorporated, the county clerk is the election officer for all purposes in an election of officers of the metro township, city, or town.
(b) The county clerk is responsible to ensure that:
(i) if applicable, the primary election described in Subsection (1)(a) is held on the date described in Subsection (1)(a);
(ii) the final election described in Subsection (1)(b) is held on the date described in Subsection (1)(b); and
(iii) the ballot for each election includes each office that is required to be included for officials in the metro township, city, or town, and the length of term of each office.
(4) The officers elected at an election described in Subsection (1)(b) shall take office at noon on the first Monday in January next following the election.
Amended by Chapter 14, 2016 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 4 - Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015 › Section 412 - Notification to lieutenant governor of election of officers.

Effective 5/12/2015
10-2a-412.
Notification to lieutenant governor of election of officers.
Within 10 days of the canvass of final election of metro township, city, or town officers under Section 10-2a-411, the county clerk shall send written notice to the lieutenant governor of the name and position of each officer elected and the term for which each has been elected.
Enacted by Chapter 352, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 4 - Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015 › Section 413 - Incorporation under this part subject to other provisions.

Effective 5/14/2019
10-2a-413.
Incorporation under this part subject to other provisions.
(1) An incorporation of a metro township, city, or town under this part is subject to the following provisions to the same extent as the incorporation of a city under Part 2, Incorporation of a Municipality:
(a) Section 10-2a-217;
(b) Section 10-2a-219; and
(c) Section 10-2a-220.
(2) An incorporation of a city or town under this part is subject to Section 10-2a-218 to the same extent as the incorporation of a city or town under Part 2, Incorporation of a Municipality.
Amended by Chapter 165, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 4 - Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015 › Section 414 - Transition -- Continuity of county process.

Effective 5/10/2016
10-2a-414.
Transition -- Continuity of county process.
When a metro township is incorporated:
(1) the operations, services, and functions provided by the county shall continue with as little interruption as possible as the operations, services, and functions are assumed by the metro township;
(2) all proceedings pending before the county shall continue without change until altered by a valid metro township ordinance, action, or decision; and
(3) each county ordinance in effect on the day on which the metro township is incorporated shall remain in effect as a metro township ordinance until the metro township council amends or repeals the ordinance.
Enacted by Chapter 176, 2016 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 2 - Election of Governing Body › Section 201 - Municipal general election -- Terms of office.

10-3-201.
Municipal general election -- Terms of office.
(1) Consistent with Section 20A-1-202, on the Tuesday after the first Monday in November in odd-numbered years, a municipal general election shall be held in all municipalities to fill all elective offices vacated by 12 o'clock noon on the first Monday in the January following the election. The officers elected shall continue in the office to which they were elected for four years except in case of death, resignation, removal or disqualification from office.
(2) The officers so elected shall begin their term of office at 12 o'clock noon on the first Monday in January following their election.
Amended by Chapter 256, 2007 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 2 - Election of Governing Body › Section 202 - Terms of elected municipal officers.

10-3-202.
Terms of elected municipal officers.
Each elected officer of a municipality shall hold office for the term for which he is elected and until his successor is chosen and qualified, unless the office becomes vacant under Section 10-3-301.
Amended by Chapter 32, 1990 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 2 - Election of Governing Body › Section 205 - Election of officers in municipalities operating under a city council form of government.

Effective 5/9/2017
10-3-205.
Election of officers in municipalities operating under a city council form of government.
Each municipality operating under a five-member or six-member city council form of government shall hold municipal elections to fill, for a term of four years, the following offices in the following years:
(1) in the year following a year in which a presidential election is held, the offices of:
(a) approximately half the council members; and
(b) except as provided in Subsection (2)(b) or 10-2a-410(2)(a)(ii), mayor; and
(2) in the year preceding a year in which a presidential election is held, the offices of:
(a) the remaining council members; and
(b) for a municipality that elected a mayor in 2015 for a term of four years, mayor.
Amended by Chapter 158, 2017 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 2 - Election of Governing Body › Section 205.5 - At-large election of officers -- Election of commissioners or council members.

Effective 3/10/2016
10-3-205.5.
At-large election of officers -- Election of commissioners or council members.
(1) Except as provided in Subsection (2), (3), or (4), the officers of each city shall be elected in an at-large election held at the time and in the manner provided for electing municipal officers.
(2)
(a) The governing body of a city may by ordinance provide for the election of some or all commissioners or council members, as the case may be, by district equal in number to the number of commissioners or council members elected by district.
(b)
(i) Each district shall be of substantially equal population as the other districts.
(ii) Within six months after the Legislature completes its redistricting process, the governing body of each city that has adopted an ordinance under Subsection (2)(a) shall make any adjustments in the boundaries of the districts as may be required to maintain districts of substantially equal population.
(3)
(a) The municipal council members of a metro township, as defined in Section 10-2a-403, are elected:
(i) for a metro township with a population of 10,000 or more, by district in accordance with Subsection 10-2a-410(1)(a); or
(ii) for a metro township with a population of less than 10,000, at-large in accordance with Subsection 10-2a-410(1)(b).
(b) The council districts in a metro township with a population of 10,000 or more shall comply with the requirements of Subsections (2)(b)(i) and (ii).
(4)
(a) For a city incorporated in accordance with Chapter 2a, Part 4, Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015:
(i) the council members are elected by district in accordance with Section 10-2a-410; and
(ii) the mayor is elected at-large in accordance with Section 10-2a-410.
(b) The council districts in a city described in Subsection (4)(a) shall comply with the requirements of Subsections (2)(b)(i) and (ii).
Amended by Chapter 14, 2016 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 3 - Membership on Governing Body, Vacancies, and Power to Vote › Section 302 - Mayoral or council vacancy of a municipality.

10-3-302.
Mayoral or council vacancy of a municipality.
Mayoral or council vacancies shall be filled as provided in Section 20A-1-510.
Repealed and Re-enacted by Chapter 1, 1993 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 5 - Meetings, Procedure, and Conduct - Voting › Section 502 - Regular and special council meetings.

10-3-502.
Regular and special council meetings.
(1) The council of each municipality shall:
(a) by ordinance prescribe the time and place for holding its regular meeting, subject to Subsection (1)(b); and
(b) hold a regular meeting at least once each month.
(2)
(a) The mayor of a municipality or two council members may order the convening of a special meeting of the council.
(b) Each order convening a special meeting of the council shall:
(i) be entered in the minutes of the council; and
(ii) provide at least three hours' notice of the special meeting.
(c) The municipal recorder or clerk shall serve notice of the special meeting on each council member who did not sign the order by delivering the notice personally or by leaving it at the member's usual place of abode.
(d) The personal appearance by a council member at a special meeting of the council constitutes a waiver of the notice required under Subsection (2)(c).
Amended by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 5 - Meetings, Procedure, and Conduct - Voting › Section 504 - Quorum defined.

10-3-504.
Quorum defined.
The number of council members necessary to constitute a quorum is:
(1) in a municipality with a seven-member council, four;
(2) in a municipality with a five-member council, three; and
(3) in a municipality operating under a six-member council form of government, three, excluding the mayor.
Amended by Chapter 19, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 5 - Meetings, Procedure, and Conduct - Voting › Section 505 - Compelling attendance at meetings of legislative body.

10-3-505.
Compelling attendance at meetings of legislative body.
The legislative body of a municipality may compel the attendance of its own members at its meetings and provide penalties it considers necessary for the failure to comply with an exercise of the authority to compel attendance.
Amended by Chapter 237, 2003 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 5 - Meetings, Procedure, and Conduct - Voting › Section 506 - How the vote is taken.

10-3-506.
How the vote is taken.
A roll call vote shall be taken and recorded for all ordinances, resolutions, and any action which would create a liability against the municipality and in any other case at the request of any member of the governing body by a "yes" or a "no" vote and shall be recorded. Every resolution or ordinance shall be in writing before the vote is taken.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 5 - Meetings, Procedure, and Conduct - Voting › Section 507 - Minimum vote required.

Effective 5/3/2023
10-3-507.
Minimum vote required.
(1) The minimum number of yes votes required to pass any ordinance or resolution, or to take any action by the council, unless otherwise prescribed by law, is a majority of the voting members of the council, regardless of absence or vacancy.
(2)
(a) Any ordinance, resolution, or motion of the council having fewer favorable votes than required in this section is defeated and invalid.
(b) Notwithstanding Subsection (2)(a), a council meeting may be adjourned to a specific time by a majority vote of the council even though the majority vote is less than that required in this section.
(3) If a vacancy exists in one or more council seats, a majority of the council members may vote to fill the vacancy as provided under Section 20A-1-510.
Amended by Chapter 46, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 5 - Meetings, Procedure, and Conduct - Voting › Section 508 - Reconsideration.

10-3-508.
Reconsideration.
Any action taken by the governing body may not be reconsidered or rescinded at any special meeting unless the number of members of the governing body present at the special meeting is equal to or greater than the number of members present at the meeting when the action was approved.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 6 - Public Meetings, Executive Sessions, Records and Publication, Procedure › Section 601 - Business of governing body conducted only in open meeting.

10-3-601.
Business of governing body conducted only in open meeting.
All meetings of the governing body of each municipality shall be held in compliance with the provisions of Title 52, Chapter 4, Open and Public Meetings Act.
Amended by Chapter 14, 2006 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 6 - Public Meetings, Executive Sessions, Records and Publication, Procedure › Section 603 - Public records.

10-3-603.
Public records.
The governing body of each municipality shall keep a journal of its proceedings. The books, records, accounts and documents of each municipality shall be kept at the office of the recorder and approved copies shall be open and available to the public during regular business hours for examination and copying. The governing body may by resolution establish reasonable charges for providing copies of its public records to individuals, except when by law the municipality must provide the records without cost to the public.
Enacted by Chapter 48, 1977 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 6 - Public Meetings, Executive Sessions, Records and Publication, Procedure › Section 604 - Annual examination of municipal finances -- Publication of results.

10-3-604.
Annual examination of municipal finances -- Publication of results.
At the end of each fiscal year, the governing body of each city of the first and second class shall cause a full and complete examination of all books and accounts of the city to be made by certified public accountants, and shall publish the results of the examination and a detailed and itemized statement of all receipts and disbursements of the city in a summary of their proceedings and expenses during the fiscal year. The city shall then provide printed copies to the newspapers of the city and to the city recorder who shall provide one copy of it to any person on request.
Amended by Chapter 49, 1981 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 6 - Public Meetings, Executive Sessions, Records and Publication, Procedure › Section 605 - Penalty.

10-3-605.
Penalty.
Any person who shall violate any of the provisions of Section 10-3-603 or 10-3-604 without just cause shall be guilty of a class B misdemeanor.
Amended by Chapter 28, 1979 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 6 - Public Meetings, Executive Sessions, Records and Publication, Procedure › Section 606 - Rules of order and procedure.

10-3-606.
Rules of order and procedure.
(1) As used in this section, "rules of order and procedure" means a set of rules that govern and prescribe in a public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(2)
(a) Subject to Subsection (2)(b), a municipal legislative body shall:
(i) adopt rules of order and procedure to govern a public meeting of the legislative body;
(ii) conduct a public meeting in accordance with the rules of order and procedure described in Subsection (2)(a)(i); and
(iii) make the rules of order and procedure described in Subsection (2)(a)(i) available to the public:
(A) at each meeting of the municipal legislative body; and
(B) on the municipality's public website, if available.
(b) Subsection (2)(a) does not affect a municipal legislative body's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
Repealed and Re-enacted by Chapter 107, 2011 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 6 - Public Meetings, Executive Sessions, Records and Publication, Procedure › Section 607 - Expulsion of members prohibited -- Exception for disorderly conduct.

Effective 5/12/2015
10-3-607.
Expulsion of members prohibited -- Exception for disorderly conduct.
(1) Except as provided in Subsection (2), the governing body may not expel a member of the governing body from an open public meeting or prohibit the member from attending an open public meeting.
(2) Except as provided in Subsection (3), following a two-thirds vote of the members of the governing body, the governing body may fine or expel a member of the governing body for:
(a) disorderly conduct at the open public meeting;
(b) a member's direct or indirect financial conflict of interest regarding an issue discussed at or action proposed to be taken at the open public meeting; or
(c) a commission of a crime during the open public meeting.
(3) A governing body may adopt rules or ordinances that expand the reasons or establish more restrictive procedures for the expulsion of a member from a public meeting.
Repealed and Re-enacted by Chapter 196, 2015 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 6 - Public Meetings, Executive Sessions, Records and Publication, Procedure › Section 608 - Rules of conduct for the public.

10-3-608.
Rules of conduct for the public.
The governing body on a two-thirds vote may expel any person who is disorderly during the meeting of the governing body. This section or any action taken by the governing body pursuant hereto does not preclude prosecution under any other provision of law.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 6 - Public Meetings, Executive Sessions, Records and Publication, Procedure › Section 609 - Action on committee reports.

10-3-609.
Action on committee reports.
Final action on any report of any committee appointed by the governing body shall be deferred to the next regular meeting of the governing body on the request of any two members, except that the council in a city of the third, fourth, or fifth class or a town may call a special meeting to consider final action.
Amended by Chapter 292, 2003 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 6 - Public Meetings, Executive Sessions, Records and Publication, Procedure › Section 610 - Requiring attendance of witnesses, production of evidence.

10-3-610.
Requiring attendance of witnesses, production of evidence.
The governing body of each municipality may require the attendance of any person to give testimony or produce records, documents or things for inspection, copying or examination necessary or useful for the governance of the municipality. The governing body may by ordinance establish its own procedures for issuing subpoenas to require attendance and production under this section or it may issue subpoenas in its own name in the same manner as is provided in the Utah Rules of Civil Procedure.
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 701 - Legislative power exercised by ordinance.

10-3-701.
Legislative power exercised by ordinance.
Except as otherwise specifically provided, the governing body of each municipality shall exercise its legislative powers through 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 702 - Extent of power exercised by ordinance.

10-3-702.
Extent of power exercised by ordinance.
The governing body may pass any ordinance to regulate, require, prohibit, govern, control or supervise any activity, business, conduct or condition authorized by this act or any other provision of law. An officer of the municipality may not be convicted of a criminal offense where he relied on or enforced an ordinance he reasonably believed to be a valid ordinance. It shall be a defense to any action for punitive damages that the official acted in good faith in enforcing an ordinance or that he enforced an ordinance on advice of legal counsel.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 703 - Criminal penalties for violation of ordinance -- Civil penalties prohibited -- Exceptions.

Effective 5/12/2020
10-3-703.
Criminal penalties for violation of ordinance -- Civil penalties prohibited -- Exceptions.
(1)
(a) The governing body of a municipality may impose a criminal penalty for the violation of any municipal ordinance by a fine not to exceed the maximum class B misdemeanor fine under Section 76-3-301, by a term of imprisonment up to six months, or by both the fine and term of imprisonment.
(b) Notwithstanding Subsection (1)(a), a municipality may not impose a criminal penalty greater than an infraction for a violation pertaining to an individual's pet, as defined in Section 4-12-102, or an individual's use of the individual's residence unless:
(i) the violation:
(A) is a nuisance as defined in Subsection 78B-6-1101(1); and
(B) threatens the health, safety, or welfare of the individual or an identifiable third party; or
(ii) the municipality has imposed a fine on the individual for a violation that involves the same residence or pet on three previous occasions within the past 12 months.
(c) Subsection (1)(b) does not apply to municipal enforcement of a building code or fire code ordinance in accordance with Title 15A, State Construction and Fire Codes Act.
(2)
(a) Except as provided in Subsection (2)(b), the governing body may prescribe a civil penalty for the violation of any municipal ordinance by a fine not to exceed the maximum class B misdemeanor fine under Section 76-3-301.
(b) A municipality may not impose a civil penalty and adjudication for the violation of a municipal moving traffic ordinance.
(3)
(a) Except as provided in Subsection (3)(b) or Section 77-7-18, a municipal officer or official who is not a law enforcement officer described in Section 53-13-103 or a special function officer described in Section 53-13-105 may not issue a criminal citation for a violation that is punished as a misdemeanor.
(b) Notwithstanding Subsection (1) or (3)(a), the following may issue a criminal citation for a violation that is punished as a misdemeanor if the violation threatens the health and safety of an animal or the public:
(i) a fire officer described in Section 53-7-102; or
(ii) an animal control officer described in Section 11-46-102.
(4) A municipality may not issue more than one infraction within a 14-day time period for a violation described in Subsection (1)(b) that is ongoing.
Amended by Chapter 89, 2020 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 703.7 - Administrative proceedings -- Penalty for code violation.

Effective 5/14/2019
10-3-703.7.
Administrative proceedings -- Penalty for code violation.
(1) A municipality may adopt an ordinance establishing an administrative proceeding to review and decide a violation of a civil municipal ordinance.
(2) An ordinance adopted in accordance with Subsection (1) shall provide due process for parties participating in the administrative proceeding.
(3)
(a) A municipality may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the municipality provides to the individual who is subject to the penalty written notice that:
(i) identifies the relevant regulation or ordinance at issue;
(ii) specifies the violation of the relevant regulation or ordinance; and
(iii) provides for a reasonable time to cure the violation, taking into account the cost of curing the violation.
(b) A municipality may not collect on a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance that is outstanding or pending on or after May 14, 2019, unless the municipality imposed the outstanding or pending penalty in relation to a written notice that:
(i) identified the relevant regulation or ordinance at issue;
(ii) specified the violation of the relevant regulation or ordinance; and
(iii) provided for a reasonable time to cure the violation, taking into account the cost of curing the violation.
Amended by Chapter 278, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 704 - Form of ordinance.

Effective 5/14/2019
10-3-704.
Form of ordinance.
The governing body shall ensure that any ordinance that the governing body passes contains the following, in substantially the following order and form:
(1) a number;
(2) a title which indicates the nature of the subject matter of the ordinance;
(3) a preamble which states the need or reason for the ordinance;
(4) an ordaining clause which states "Be it ordained by the ____ (name of the governing body and municipality):";
(5) the body or subject of the ordinance;
(6) when applicable, a statement indicating the penalty for violation of the ordinance or a reference that the punishment is covered by an ordinance which prescribes the fines and terms of imprisonment for the violation of a municipal ordinance; or, the penalty may establish a classification of penalties and refer to such ordinance in which the penalty for such violation is established;
(7) when a penalty for a violation of the ordinance includes any possibility of imprisonment, a statement that the municipality is required, under Section 78B-22-301, to provide for indigent defense services, as that term is defined in Section 78B-22-102;
(8) a statement indicating the effective date of the ordinance or the date when the ordinance shall become effective after publication or posting as required by this chapter;
(9) a line for the signature of the mayor or acting mayor to sign the ordinance;
(10) a place for the municipal recorder to attest the ordinance and fix the seal of the municipality; and
(11) in municipalities where the mayor may disapprove an ordinance passed by the legislative body, a statement showing:
(a) if the mayor approves the ordinance, that the governing body passes the ordinance with the mayor's approval;
(b) if the mayor disapproves the ordinance, that the governing body passes the ordinance over the mayor's disapproval; or
(c) if the mayor neither approves or disapproves the ordinance, that the ordinance became effective without the approval or disapproval of the mayor.
Amended by Chapter 326, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 705 - Requirements as to form -- Effective date.

10-3-705.
Requirements as to form -- Effective date.
Ordinances passed or enacted by the governing body shall be signed by the mayor, or if he is absent, by the mayor pro tempore, or by a quorum of the governing body, and shall be recorded before taking effect. No ordinance shall be void or unlawful by reason of its failure to conform to the provisions of Subsection 10-3-704(1), (2), (3) or (4). Ordinances which do not have an effective date shall become effective 20 days after publication or posting, or 30 days after final passage by the governing body, whichever is sooner.
Amended by Chapter 38, 1979 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 3 - Municipal Government › Part 7 - Municipal Ordinances, Resolutions, and Procedure › Section 706 - Revision of ordinances.

10-3-706.
Revision of ordinances.
The governing body by resolution may authorize and direct the mayor to appoint, with the advice and consent of the governing body, one or more persons to prepare and submit to the governing body a compilation, revision or codification of municipal ordinances. The compensation for the service shall be fixed by resolution of the governing body and paid out of the municipal treasury.
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 707 - Power to codify ordinances.

10-3-707.
Power to codify ordinances.
Any municipality is hereby empowered to revise, codify and compile from time to time and to publish in book, pamphlet or looseleaf form all ordinances of the municipality of a general and permanent character and to make such changes, alterations, modifications, additions, and substitutions therein as it may deem best to the end that a complete simplified code of the ordinances then enforced shall be presented, but with errors, inconsistencies, repetitions, and ambiguities therein eliminated.
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 708 - Arrangement of ordinances.

10-3-708.
Arrangement of ordinances.
The ordinances in the revision, codification and compilation shall be arranged in such order as the governing body may decide and may exclude the titles, enacting clauses, signatures of a mayor or mayor pro tempore of the governing board, attestations, and other formal parts, except the attestation of the recorder.
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 709 - Repeal of conflicting provisions -- Title.

10-3-709.
Repeal of conflicting provisions -- Title.
Such revision shall be by one ordinance embracing all ordinances of a general and permanent character preserved as changed or added to and perfected by the revision, codification and compilation and shall be a repeal of all ordinances in conflict with the revision, codification and compilation, but all ordinances then enforced shall continue in force after the revision, codification and compilation for the purpose of all rights acquired, fines, penalties and forfeitures and liabilities incurred and actions therefor. The only title necessary for such ordinance shall be "an ordinance revising, codifying and compiling the general ordinances of the city or town of ____ (inserting the name of the municipality)."
Enacted by Chapter 48, 1977 General Session