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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3-704, 1977

The governing body must make sure ordinances follow a required form and include specified items, including a title, preamble, ordaining clause, body, penalty information when applicable, an indigent-defense statement…

Source excerpt

municipal governanceordinance drafting
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 1977
Dates
Enacted 1977
More statute details
Dates
Enacted 1977
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01

Purpose and legislative effect

“The governing body must make sure ordinances follow a required form and include specified items, including a title, preamble, ordaining clause, body, penalty information when applicable, an indigent-defense statement when imprisonment is possible, an effective-date statement, signature and attestation lines, and, where”

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Form of ordinance.

The governing body must make sure ordinances follow a required form and include specified items, including a title, preamble, ordaining clause, body, penalty information when applicable, an indigent-defense statement when imprisonment is possible, an…

Section 10-3-704

Subsection 10-3-704(4)

an ordaining clause which states "Be it ordained by the ____ (name of the governing body and municipality):";

Section 10-3-704(4)

Subsection 10-3-704(7)

If an ordinance violation carries any possibility of imprisonment, the municipality must provide indigent defense services.

Section 10-3-704(7)

Subsection 10-3-704(11)

In certain municipalities, the mayor may approve or disapprove an ordinance, and if the mayor does neither, the ordinance becomes effective without the mayor’s approval or disapproval.

Section 10-3-704(11)

Subsection 10-3-704(11)(c)

If the mayor neither approves nor disapproves the ordinance, the ordinance becomes effective without the mayor’s approval or disapproval.

Section 10-3-704(11)(c)

04

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In force source record

Source record from le.utah.gov · Enacted 1977

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Source-indexed provision map

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Showing 15 of 15 provisions

Provision 12Offence 3

Part 10-3-7

part 10-3-7 Municipal Ordinances, Resolutions, and Procedure

§ 10-3-704Form of ordinance.Offence

Source excerpt

The governing body must make sure ordinances follow a required form and include specified items, including a title, preamble, ordaining clause, body, penalty information when applicable, an indigent-defense statement when imprisonment is possible, an effective-date statement, signature and attestation lines, and, where relevant, mayoral approval/disapproval language.

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: a number; a title which indicates the nature of the subject matter of the ordinance; a preamble which states the need or reason for the ordinance; an ordaining clause which states "Be it ordained by the ____ (name of the governing body and municipality):"; the body or subject of the ordinance; 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; 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 ; 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; a line for the signature of the mayor or acting mayor to sign the ordinance; a place for the municipal recorder to attest the ordinance and fix the seal of the municipality; and in municipalities where the mayor may disapprove an ordinance passed by the legislative body, a statement showing: if the mayor approves the ordinance, that the governing body passes the ordinance with the mayor's approval; if the mayor disapproves the ordinance, that the governing body passes the ordinance over the mayor's disapproval; or if the mayor neither approves or disapproves the ordinance, that the ordinance became effective without the approval or disapproval of the mayor.
Section 10-3-704Verify source
§ 10-3-704(1)Subsection 10-3-704(1)Provision

Source excerpt

a number;

a number;
Section 10-3-704(1)Verify source
§ 10-3-704(2)Subsection 10-3-704(2)Provision

Source excerpt

a title which indicates the nature of the subject matter of the ordinance;

a title which indicates the nature of the subject matter of the ordinance;
Section 10-3-704(2)Verify source
§ 10-3-704(3)Subsection 10-3-704(3)Provision

Source excerpt

a preamble which states the need or reason for the ordinance;

a preamble which states the need or reason for the ordinance;
Section 10-3-704(3)Verify source
§ 10-3-704(4)Subsection 10-3-704(4)Provision

Source excerpt

an ordaining clause which states "Be it ordained by the ____ (name of the governing body and municipality):";

an ordaining clause which states "Be it ordained by the ____ (name of the governing body and municipality):";
Section 10-3-704(4)Verify source
§ 10-3-704(5)Subsection 10-3-704(5)Provision

Source excerpt

the body or subject of the ordinance;

the body or subject of the ordinance;
Section 10-3-704(5)Verify source
§ 10-3-704(6)Subsection 10-3-704(6)Offence

Source excerpt

When applicable, the ordinance’s penalty must be stated, or the provision may refer to another ordinance that sets fines and imprisonment terms, or uses a classified penalty system.

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;
Section 10-3-704(6)Verify source
§ 10-3-704(7)Subsection 10-3-704(7)Offence

Source excerpt

If an ordinance violation carries any possibility of imprisonment, the municipality must provide indigent defense services.

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 ;
Section 10-3-704(7)Verify source
§ 10-3-704(8)Subsection 10-3-704(8)Provision

Source excerpt

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;

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;
Section 10-3-704(8)Verify source
§ 10-3-704(9)Subsection 10-3-704(9)Provision

Source excerpt

a line for the signature of the mayor or acting mayor to sign the ordinance;

a line for the signature of the mayor or acting mayor to sign the ordinance;
Section 10-3-704(9)Verify source
§ 10-3-704(10)Subsection 10-3-704(10)Provision

Source excerpt

The municipal recorder must attest the ordinance and fix the municipal seal.

a place for the municipal recorder to attest the ordinance and fix the seal of the municipality; and
Section 10-3-704(10)Verify source
§ 10-3-704(11)Subsection 10-3-704(11)Provision

Source excerpt

In certain municipalities, the mayor may approve or disapprove an ordinance, and if the mayor does neither, the ordinance becomes effective without the mayor’s approval or disapproval.

in municipalities where the mayor may disapprove an ordinance passed by the legislative body, a statement showing: if the mayor approves the ordinance, that the governing body passes the ordinance with the mayor's approval; if the mayor disapproves the ordinance, that the governing body passes the ordinance over the mayor's disapproval; or if the mayor neither approves or disapproves the ordinance, that the ordinance became effective without the approval or disapproval of the mayor.
Section 10-3-704(11)Verify source
§ 10-3-704(11)(a)Subsection 10-3-704(11)(a)Provision

Source excerpt

If the mayor approves the ordinance, the governing body passes it with that approval.

if the mayor approves the ordinance, that the governing body passes the ordinance with the mayor's approval;
Section 10-3-704(11)(a)Verify source
§ 10-3-704(11)(b)Subsection 10-3-704(11)(b)Provision

Source excerpt

If the mayor disapproves an ordinance, the governing body may pass it over that disapproval.

if the mayor disapproves the ordinance, that the governing body passes the ordinance over the mayor's disapproval; or
Section 10-3-704(11)(b)Verify source
§ 10-3-704(11)(c)Subsection 10-3-704(11)(c)Provision

Source excerpt

If the mayor neither approves nor disapproves the ordinance, the ordinance becomes effective without the mayor’s approval or disapproval.

if the mayor neither approves or disapproves the ordinance, that the ordinance became effective without the approval or disapproval of the mayor.
Section 10-3-704(11)(c)Verify source

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