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CHAPTER 1: - OFFICIAL CITY CODE#
1-1-1: - Title#
Upon the adoption by the city council, this city code is hereby declared to be and shall hereafter constitute the official city code of Honeyville City. This city code of ordinances shall be known and cited as the HONEYVILLE CITY CODE and is hereby published by authority of the city council and shall be supplemented to incorporate the most recent legislation of the city as provided in section 1-1-3 of this chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this city code by title in any legal documents.
(Adopted by Ord. 1976 Code § 1-001 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-1-2: - Acceptance#
This city code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of this state as the ordinances of the city of general and permanent effect, except the excluded ordinances enumerated in section 1-2-1 of this title.
(Adopted by Ord. 2001 Code on 1/1/2001)
1-1-3: - Amendments#
Any ordinance amending the city code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this city code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers, and the said ordinance material shall be prepared for insertion in its proper place in each copy of this city code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the city code.
(Adopted by Ord. 2001 Code on 1/1/2001)
1-1-4: - Code alterations#
It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this city code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the city council. The city recorder shall see that the replacement pages are properly inserted in the official copies maintained in the office of the city recorder. Any person having custody of a copy of the city code shall make every effort to maintain said code current as to the most recent ordinances passed. Such person shall see to the immediate insertion of new or replacement pages when such are delivered or made available to such person through the office of the city recorder. Said code books, while in actual possession of officials and other interested persons, shall be and remain the property of the city and shall be returned to the office of the city recorder when directed so to do by order of the city council.
(Adopted by Ord. 2001 Code on 1/1/2001)
1-1-5: - Incorporation of statutes#
Any reference or citation to any statute shall not be interpreted or construed to include, incorporate or make the citation or statute part of this code unless the provisions of this code specifically include, incorporate or make the citation or statute part of this code by reference or incorporation, and any such reference or citation not specifically included or incorporated may be changed, amended or deleted without publication upon an order of the city council.
(Adopted by Ord. 1976 Code § 1-009 on 1/1/1976)
CHAPTER 2: - SAVING CLAUSE#
1-2-1: - Repeal of general ordinances#
A.
Repealer; Exceptions: All general ordinances of the city passed prior to the adoption of this city code are hereby repealed, except such as are included in this city code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; fee ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the city; and all special ordinances.
B.
Effect of Repealing Ordinances: The repeal of the ordinances provided in subsection A of this section shall not affect any debt or fee which is accrued, any duty imposed, any penalty incurred, nor any action or proceeding commenced under or by virtue of the ordinances repealed or the term of office of any person holding office at the time these ordinances take effect; nor shall the repeal of any ordinance have the effect of reviving any ordinance heretofore repealed or superseded.
(Adopted by Ord. 1976 Code § 1-002 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-2-2: - Public ways and public utility ordinances#
No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this city code or by virtue of the preceding section, excepting as the city code may contain provisions for such matters, in which case, this city code shall be considered as amending such ordinance or ordinances in respect to such provisions only.
(Adopted by Ord. 1976 Code § 1-003 on 1/1/1976)
1-2-3: - Court proceedings#
A.
Prior Acts: No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
B.
Scope of Section: This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
C.
Actions Now Pending: Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed, and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provisions; nor shall this chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of the adoption of this city code.
(Adopted by Ord. 2001 Code on 1/1/2001)
1-2-4: - Severability clause#
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this city code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this code, or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
(Adopted by Ord. 1976 Code § 1-007 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
CHAPTER 3: - DEFINITIONS OF ADMINISTRATION#
1-3-1: - Construction of words#
A.
Whenever any word in any section of this city code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this city code by words importing the singular number only, or a particular gender, several matters, parties or persons and the opposite gender and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this city code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto. The use of any verb in the present tense shall include the future and past tense when applicable.
B.
All words and phrases shall be constructed and understood according to the common use and understanding of the language; the technical words and phrases and such other words and phrases as may have acquired a particular meaning in law shall be construed and understood according to such particular meaning.
C.
The word "ordinance" contained in the ordinances of the city has been changed in the content of this city code to "title", "chapter", "section" and/or "subsection", or words of like import for organizational and clarification purposes only. Such change to the city's ordinances is not meant to amend passage and effective dates of such original ordinances.
(Adopted by Ord. 1976 Code § 1-005A on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-3-2: - Definitions, general#
Whenever the following words or terms are used in this code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:
AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.
BUSINESS: Includes all activities engaged in within the city carried on for the purpose of gain or economic profit, except that the acts of employees rendering service to employers shall not be included in the term business, unless otherwise specifically provided.
CITY: The city of Honeyville, Box Elder County, Utah.
CITY COUNCIL: Unless otherwise indicated, the city council of the city of Honeyville, Utah.
CITY RECORDER: The individual appointed to act as the city recorder of the city.
CODE: The city code of the city of Honeyville, Utah.
COUNTY: Box Elder County, Utah.
EMPLOYEES: Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words "of the city of Honeyville".
FEE: A sum of money charged by the city for the carrying on of a business, profession or occupation.
GENDER: A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons.
HIGHWAY; ROAD: Includes public bridges, and may be equivalent to the words "county way", "county road", "common road" and "state road".
LICENSE: The permission granted for the carrying on of a business, profession or occupation. The term "license" includes any certificate, permit or license issued by the city.
LOCATION: Whenever any act, conduct or offense is prohibited or required and no reference is made to location, unless the context specifically indicates otherwise, the act, conduct or offense prohibited or required shall be within the boundaries of this city.
NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the city, or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the community.
OCCUPANT OR TENANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.
OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
OFFICERS OR OFFICIALS: Any elected or appointed person employed by the city, unless the context clearly indicates otherwise. Whenever reference is made in this code to a city officer or official by title only, this shall be construed as though followed by the words "of the city of Honeyville".
OPERATOR: The person who is in charge of any operation, business or profession.
OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
PERSON: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.
PERSONAL PROPERTY: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
PROPERTY: Includes both real and personal property.
REASONABLE TIME: In all cases where any ordinance requires that an act be done in a reasonable time or that reasonable notice be given, such reasonable time for such notice shall be deemed to mean such time as may be necessary for the expeditious performance of such duty or compliance with such notice.
RETAILER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.
RIGHT OF WAY: The privilege of the immediate use of the roadway or other property.
STATE: The state of Utah.
STREET: Includes alleys, lanes, courts, boulevards, public ways, public squares, public places, sidewalks, gutters and culverts, crosswalks and intersections.
TENANT OR OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
TIME COMPUTED: The time within which an act is to be done as provided in any ordinance or in any resolution or order of the city, when expressed in days, shall be determined by excluding the first day and including the last day, except if the last day be a Sunday or a legal holiday, then the last day shall be the day next following such Sunday or legal holiday which is not a Sunday or legal holiday. When time is expressed in hours, Sunday and all legal holidays shall be excluded.
WEEK: Shall be construed to mean any seven (7) day period.
WHOLESALER: The terms "wholesaler" and "wholesale dealer" as used in this code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale.
WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case such person is unable to write, by such person's proper mark.
(Adopted by Ord. 1976 Code § 1-005 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-3-3: - Catchlines#
The catchlines of the several sections of the city code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(Adopted by Ord. 1976 Code § 1-006 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
CHAPTER 4: - GENERAL PENALTY#
1-4-1: - Sentencing#
A.
Penalty for Violation of Ordinance: Unless otherwise specifically authorized by statute, the city council may provide a penalty for the violation of any city ordinance by a fine not to exceed the maximum Class B misdemeanor fine under Utah Code Annotated section 76-3-301, or by a term of imprisonment up to six (6) months, or by both the fine and term of imprisonment. The city council may prescribe a minimum penalty for the violation of any city ordinance and may impose a civil penalty for the unauthorized use of city property, including, but not limited to, the use of parks, streets and other public grounds or equipment. Rules of civil procedure shall be substantially followed. If the city council has not specifically provided for a penalty for the violation of a specific city ordinance, then the default violation of any city ordinance shall be an infraction and subject to penalty as outlined in this Section 1-4-1.
B.
Term of Imprisonment for Misdemeanors: A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
1.
In the case of a Class B misdemeanor, for a term not exceeding six (6) months;
2.
In the case of a Class C misdemeanor, for a term not exceeding ninety (90) days.
C.
Infractions:
1.
A person convicted of an infraction may not be imprisoned but may be subject to a fine, forfeiture and disqualification, or any combination.
2.
Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined as for a Class C misdemeanor.
D.
Fines of Persons: A person convicted of an offense may, in addition to any term of imprisonment imposed, be sentenced to pay a fine not to exceed:
1.
Class B Misdemeanor: One thousand dollars ($1,000.00) when the conviction is of a Class B misdemeanor conviction; and
2.
Class C Misdemeanor; Infraction: Seven hundred fifty dollars ($750.00) when the conviction is of a Class C misdemeanor conviction or infraction conviction.
E.
Fines of Corporations: The sentence to pay a fine, when imposed upon a corporation, association, partnership or governmental instrumentality for an offense defined in this code, or the ordinances of the city, or for an offense defined outside of this code over which this city has jurisdiction, for which no special corporate fine is specified, shall be to pay an amount fixed by the court, not exceeding:
1.
Class B Misdemeanor: Five thousand dollars ($5,000.00) when the conviction is for a Class B misdemeanor conviction; and
2.
Class C Misdemeanor; Infraction: One thousand dollars ($1,000.00) when the conviction is for a Class C misdemeanor conviction or for an infraction conviction.
(Adopted by Ord. 1976 Code § 3-332 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001; Amended by Ord. 2017-01 on 6/14/2017)
1-4-2: - Offenses designated; classified#
A.
Sentencing in Accordance with Chapter:
1.
A person adjudged guilty of an offense under this code or the ordinances of this city shall be sentenced in accordance with the provisions of this chapter.
2.
Ordinances enacted after the effective date of this code which involve an offense should be classified for sentencing purposes in accordance with this chapter, unless otherwise expressly provided.
B.
Designation of Offenses: Offenses are designated as misdemeanors or infractions.
C.
Misdemeanors Classified:
1.
Misdemeanors are classified into two (2) categories:
a.
Class B misdemeanors;
b.
Class C misdemeanors.
2.
An offense designated as a misdemeanor or any act prohibited or declared to be unlawful in this code or any ordinance of this city when no other specification as to punishment or category is made, is a Class B misdemeanor.
D.
Infractions:
1.
Infractions are not classified.
2.
Any offense which is made an infraction in this code or other ordinances of this city, or which is expressly designated an infraction and any offense designated by this code or other ordinances of this city which is not designated as a misdemeanor and for which no penalty is specified is an infraction.
E.
Continuing Violation: In all instances where the violation of this code or any ordinance hereinafter enacted is a continuing violation, a separate offense shall be deemed committed on each day during or on which the violation occurs or continues to occur.
(Adopted by Ord. 1976 Code §§ 1-311, 1-312, 1-313, 1-314, 1-315 on 1/1/1976)
CHAPTER 5: - OFFICIAL AND CORPORATE PROVISIONS#
1-5-1: - Corporate seal#
The official corporate seal of the city shall contain two (2) circles with the following device:
Within the inner circle, the words:
"Corporate Seal, Incorporated July 8, 1911"
On the outside of the inner circle and within the outer circle shall contain the words:
"City of Honeyville, Box Elder County, Utah".
(Adopted by Ord. 1976 Code § 1-010 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
CHAPTER 6: - MAYOR AND CITY COUNCIL#
1-6-1: - Eligibility and residency requirements#
A.
Declaration of Candidacy: A person filing a declaration of candidacy for a city office shall:
1.
Have been a resident of the city for at least one year immediately before the date of the election; and
2.
Meet the other requirements of Utah Code Annotated section 20A-9-203.
B.
Annexed Areas: A person living in an area annexed to the city meets the residency requirement of this section if that person resided within the area annexed to the city for at least one year before the date of the election.
C.
Registered Voter: Any person elected to city office shall be a registered voter in the city.
D.
Residency Maintained: Each elected officer of the city shall maintain residency within the boundaries of the city during his term of office.
E.
Residence Outside City: If an elected officer of the city establishes his principal place of residence as provided in Utah Code Annotated section 20A-2-105 outside of the city during his term of office, the office is automatically vacant.
F.
Continuous Absence from City: If an elected city officer is absent from the city any time during his term of office for a continuous period of more than sixty (60) days without the consent of the city council, the city office is automatically vacant.
(Adopted by Ord. 1976 Code § 3-210 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-6-2 : - Membership; terms#
A.
Composition: The city council shall be a council of six (6) persons, one of whom shall be the mayor and the remaining five (5) shall be council members.
B.
Election; Terms: The election and terms of office of the officers shall be as follows:
1.
The offices of mayor and two (2) council members shall be filled in a municipal election held in 1977. The terms shall be for four (4) years. These offices shall be filled every four (4) years in municipal elections.
2.
The offices of the other three (3) council members shall be filled in a municipal election held in 1979. The terms shall be for four (4) years. These offices shall be filled every four (4) years in municipal elections.
3.
The offices shall be filled in at-large elections which shall be held at the time and the manner provided for electing municipal officers.
C.
Vacancy in Office: Mayor or city council vacancies shall be filled as provided in Utah Code Annotated section 20A-1-510.
(Adopted by Ord. 1976 Code §§ 3-221, 3-222 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-6-3: - Mayor as member of city council#
A.
Administration Vested in Mayor: The administrative powers, authority and duties are vested in the mayor.
B.
Presiding Officer; Mayor Pro Tempore: The mayor shall be the chairperson and preside at the meetings of the city council. In the absence of the mayor or because of his inability or refusal to act, the city council may elect a member of the city council to preside over the meeting as mayor pro tempore, who shall have all the powers and duties of the mayor during his absence or disability. The election of a mayor pro tempore shall be entered in the minutes of the meeting.
C.
Voting; No Vote Except in Tie: The mayor shall not vote, except in the case of a tie vote of the city council.
D.
Powers and Duties: The mayor shall be the chief executive and administrator of the city and shall:
1.
Appoint Officers: Appoint, with the concurrence of the city council, all officers of the city;
2.
Supervise: Supervise all appointed officials and employees;
3.
Recommend Position Changes: Recommend to the city council any change in position of any person requiring the concurrence or action of the city council;
4.
Inspect Books and Records: Inspect all books and records pertaining to city affairs kept by any officer, employee or former officer or employee of the city at any reasonable time;
5.
Settle Disputes: Whenever there is a dispute as to the respective duties or powers of any appointed officer of the city, the dispute shall be settled by the mayor, who may confer with the city attorney; and the mayor shall have the power to delegate to any appointed officer any duty which is to be performed when no specific officer has been directed to perform that duty, subject to the consent of the city council at its next regular meeting;
6.
Designate Persons for Temporary Assignments: Temporarily designate himself or any other person to perform the duties of any office or position of the city which is vacant or which is not properly administered due to the absence or disability of the person appointed to that office or position;
7.
Reports to City Council: Prepare and present to the city council such reports as are required by law and such other reports as are requested by the city council;
8.
Other Required Duties: Perform such other duties as may be required by statute or ordinance.
E.
No Veto: The mayor shall have no power to veto any act of the city council, unless otherwise specifically authorized by statute.
(Adopted by Ord. 1976 Code §§ 3-511, 3-512 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-6-4: - Meetings; procedure and conduct#
A.
Regular Meetings: The city council shall conduct regular meetings which shall be held on the second Wednesday of each month at city hall in the council room located at 2635 West 6980 North, Honeyville, Utah, which meetings shall begin promptly at seven o'clock (7:00) P.M. during mountain standard time and at seven o'clock (7:00) P.M. during mountain daylight time, but if the meeting date is a legal holiday, then the meeting shall be held at the same time and place above described on the day one week before the legal holiday.
B.
Special Meetings:
1.
If at any time the business of the city requires a special meeting of the city council, such meeting may be ordered by the mayor or any two (2) members of the city council. The order shall be entered in the minutes of the city council. The order shall provide at least three (3) hours' notice of the special meeting and notice thereof shall be served by the city recorder on each member who did not sign the order by delivering the notice personally or by leaving it at the member's usual place of abode. The personal appearance by a council member at any specially called meeting constitutes a waiver of the notice required in this subsection.
2.
The written notice required in subsection B,1 of this section shall state the time and place the special meeting is to be held and the purpose for which the special meeting is being called.
C.
Open Meetings; Exceptions: Every meeting is open to the public, unless closed pursuant to Utah Code Annotated sections 52-4-4 and 52-4-5.
D.
Quorum:
1.
Defined: The number of members of the city council necessary to constitute a quorum is three (3) or more.
2.
Necessary: No action of the city council shall be official or of any effect, except when a quorum of the members are present. Fewer than a quorum may adjourn from time to time.
3.
Compelling Attendance: A quorum or fewer than a quorum of the city council may, at any regularly held meeting, compel the attendance of absent members and direct the city's law enforcement agency to bring the absent member to the meeting on an order signed by a majority of the members present; provided, that, the city's law enforcement agency shall not use force to compel the attendance of such absent member.
E.
Voting:
1.
How Vote Taken: A roll call vote shall be taken and recorded for all ordinances, resolutions and any action which would create a liability against the city and in any other case at the request of any member of the city council by a "yes" or a "no" vote and shall be recorded. The city recorder shall call the roll in alphabetical order. Every resolution or ordinance shall be in writing before the vote is taken.
2.
Minimum Vote Required: The minimum number of votes required to pass any ordinance, resolution or to take any action by the city council, unless otherwise prescribed by law, shall be a majority of the members of the quorum, but shall never be less than three (3).
a.
Any ordinance, resolution or motion of the city council having fewer favorable votes than required herein shall be deemed defeated and invalid, except a meeting may be adjourned to a specific time by a majority vote of the city council even though such majority vote is less than that required herein.
b.
A majority of the members of the city council, regardless of number, may fill any vacancy in the city council.
3.
Reconsideration: Any action taken by the city council shall not be reconsidered or rescinded at any special meeting unless the number of members of the city council present at the special meeting is equal to or greater than the number of members present at the meeting when the action was approved.
F.
Record of Proceedings: The city recorder shall keep a record of the proceedings of the meetings of the city council, except that minutes of closed meetings shall not be available to the public until such time as the city council shall make them public or by an order of court.
G.
Conduct; Order of Business:
1.
Rules of Procedure: Except as otherwise specifically required or provided by law, this code or by resolution of the city council, the most current edition of Robert's Rules of Order shall govern the procedure and conduct of the meetings of the city council.
2.
Agenda: All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the city council shall be delivered to the city recorder at least forty-eight (48) hours prior to each city council meeting, whereupon the city recorder shall immediately arrange a list of such matters according to the order of business and furnish each member of the city council, and when present, the city attorney, with a copy of the same prior to the city council meeting and as far in advance of the meeting as time for preparation will permit. Only the foregoing matters shall be presented to the city council by administrative officials, except those of an urgent nature; provided, that the city council may, by motion, waive the requirements of this subsection.
3.
Order of Business:
a.
At the time and place set for each meeting of the members of the city council, the business of the city shall be taken up for consideration and disposition of the following business, unless otherwise provided by motion of the city council:
(1)
Roll call.
(2)
Reading of minutes of previous meeting.
(3)
Approval of minutes of previous meeting.
(4)
Petitions, remonstrances and communications.
(5)
Introduction and adoption of resolutions and ordinances.
(6)
Report of officers, boards and committees.
(7)
Unfinished business.
(8)
New business.
(9)
Miscellaneous.
(10)
Appropriations.
(11)
Adjournment.
b.
The city council may by motion change, amend or delete any agenda item provided for in this subsection.
4.
Action on Committee Reports: Final action on any report of any committee appointed by the city council shall be deferred to the next regular meeting of the city council on the request of any two (2) members, except that the city council may call a special meeting to consider final action.
5.
Discipline of Members: The city council may fine or expel any member for disorderly conduct on a two-thirds ( 2 / 3 ) vote of the members of the city council.
(Adopted by Ord. 1976 Code §§ 3-232, 3-320, 3-333, 3-341, 3-345, 3-351, 3-353, 3-354, 3-355 on 1/1/1976; Amended by Ord. 97-3 on 12/8/1997; Amended by Ord. 2001 Code on 1/1/2001)
1-6-5: - Ordinances and resolutions; procedures#
A.
Power Exercised by Ordinance: The city council may pass any ordinance to regulate, require, prohibit, govern, control or supervise any activity, business, conduct or condition authorized by statute or any other provision of law. An officer of the city shall 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.
B.
Penalty for Violation: Unless otherwise specifically authorized by statute, the city council may provide a penalty for the violation of any city ordinance by a fine not to exceed the maximum Class B misdemeanor fine under Utah Code Annotated section 76-3-301 or by a term of imprisonment up to six (6) months, or by both the fine and term of imprisonment. The city council may prescribe a minimum penalty for the violation of any city ordinance and may impose a civil penalty for the unauthorized use of city property, including, but not limited to, the use of parks, streets and other public grounds or equipment. Rules of civil procedure shall be substantially followed.
C.
Form of Ordinance: Any ordinance passed by the city council shall contain and be 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 city of Honeyville:";
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 the city 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.
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 section;
8.
A line for the signature of the mayor or mayor pro tem to sign the ordinance; and
9.
A place for the city recorder to attest the ordinance and affix the seal of the city.
D.
Requirements as to Form; Effective Date:
1.
Ordinances passed or enacted by the city council shall be signed by the mayor, or if he is absent, by the mayor pro tempore, or by a quorum of the city council, 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 Utah Code Annotated section 10-3-704(1) through 10-3-704(4).
2.
Ordinances shall become effective twenty (20) days after publication or posting or thirty (30) days after final passage by the city council, whichever is closer to the date of final passage, but ordinances may become effective at an earlier or later date after publication or posting if so provided in the ordinance.
3.
Ordinances which do not have an effective date shall become effective twenty (20) days after publication or posting, or thirty (30) days after final passage by the city council, whichever is sooner.
E.
Publication and Posting of Ordinances: All ordinances, except those enacted pursuant to Utah Code Annotated sections 10-3-706 to 10-3-710, before taking effect shall be deposited in the office of the city recorder and a short summary of the ordinance published at least once in a newspaper published within the city, or if there is no newspaper published therein, then by posting complete copies in three (3) public places within the city. Any ordinance, code or book, other than the state code, relating to building or safety standards, city functions, administration, control or regulations, may be adopted and shall take effect without further publication or posting, if reference is made to the code or book and at least three (3) copies have been filed for use and examination by the public in the office of the city recorder prior to the adoption of the ordinance by the city council. Any state law relating to building or safety standards, city functions, administration, control or regulations, may be adopted and shall take effect without further publication or posting if reference is made to the state code. The ordinance adopting the code or book shall be published in the manner provided in Utah Code Annotated sections 10-3-709 and 10-3-710.
F.
Recording; Numbering; Certification of Passage: The city recorder shall record, in a book used exclusively for that purpose, all ordinances passed by the city council. The city recorder shall give each ordinance a number, if the city council has not already so done. Immediately following each ordinance, or codification of ordinances, the city recorder shall make or cause to be made a certificate stating the date of passage and of the date of publication or posting, as required. The record and memorandum, or a certified copy thereof, shall be prima facie evidence of the contents, passage and publication or posting of the ordinance or codification.
G.
Resolutions:
1.
Purpose; Limited Scope: Unless otherwise required by law, the city council may exercise all administrative powers by resolution, including, but not limited to: a) establishing water and sewer rates; b) charges for garbage collection and fees charged for city services; c) establishing personnel policies and guidelines; and d) regulating the use and operation of the city property. Punishment, fines or forfeitures may not be imposed by resolution.
2.
Form: Any resolution passed by the city council shall be in a form and contain sections substantially similar to that prescribed for ordinances.
3.
Publication; Effective Date: Resolutions may become effective without publication or posting and may take effect on passage or at a later date as the city council may determine, but resolutions may not become effective more than three (3) months from the date of passage.
(Adopted by Ord. 1976 Code §§ 3-411, 3-412, 3-413, 3-414 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-6-6: - Approval of written minutes policy#
A.
Definitions: For purposes of this ordinance the following definitions shall apply so long as they are consistent with the definitions of the same terms found in the Utah Open and Public Meetings Act. If a term is defined differently in the Utah Open and Public Meetings Act, the definition found in that Act shall apply:
CONVENING means the calling of a Meeting of a Public Body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that Public Body has jurisdiction or advisory power.
MEETING means the convening of a Public Body, with a quorum present, including a workshop or an executive session whether the Meeting is held in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the Public Body has jurisdiction or advisory power.
"Meeting" does not mean:
1.
A chance meeting;
2.
A social meeting; or
3.
The convening of a Public Body that has both legislative and executive responsibilities where no public funds are appropriated for expenditure during the time the Public Body is convened and:
a.
The Public Body is convened solely for the discussion or implementation of administrative or operational matters for which no formal action by the Public Body is required; or
b.
The Public Body is convened solely for the discussion or implementation of administrative or operational matters that would not come before the Public Body for discussion or action.
MEETING CLERK shall mean the City Recorder or Town Clerk (or their acting deputies) for a City or Town Council, or shall mean the person assigned by a Public Body, other than a City or Town Council, to record and to take the written minutes of a Meeting of a Public Body of this Municipality.
MINUTES of a Meeting is a written record of the Meeting that shall include:
1.
The date, time, and place of the Meeting;
2.
The names of members present and absent;
3.
The substance of all matters proposed, discussed, or decided by the Public Body which may include a summary of comments made by members of the Public Body;
4.
A record, by individual member, of each vote taken by the Public Body;
5.
The name of each person who:
a.
Is not a member of the Public Body; and
b.
After being recognized by the presiding member of the Public Body, provided testimony or comments to the Public Body;
6.
The substance, in brief, of the testimony or comments provided by the public under Subsection 2,e; and
7.
Any other information that is a record of the proceedings of the Meeting that any member requests be entered in the minutes or recording.
PROPOSED MINUTES shall mean the written minutes prepared by the Meeting Clerk that have been given to the members of a Public Body for their review and approval.
PUBLIC BODY means any administrative, advisory, executive, or legislative body of this Municipality that:
1.
Is created by the Utah Constitution, statute, rule, ordinance, or resolution;
2.
Consists of two or more persons;
3.
Expends, disburses, or is supported in whole or in part by tax revenue; and
4.
Is vested with the authority to make decisions regarding the public's business.
B.
Policy for Approval of Minutes: The following shall be the policy and procedure for the approval of Minutes for this Municipality.
1.
Written Minutes shall be taken for all public Meetings of any Public Body of this Municipality. The Minutes of all public Meetings of any Public Body of this Municipality shall be recorded and taken down by the Meeting Clerk during the course of any public Meeting of the Public Body.
2.
Within seven working days from the end of the Meeting, the Meeting Clerk shall prepare Proposed Minutes for the Meeting and give a copy of the Proposed Minutes to each member of the Public Body for his or her review and comments.
3.
Once the Proposed Minutes have been given to the members of the Public Body, the Meeting Clerk shall immediately make available to the public the Proposed Written minutes, which shall be a clearly identified as "awaiting formal approval" or "unapproved" or with some other appropriate notice that the Proposed Minutes are subject to change until formally approved and they shall become a public document available to any member of the public who requests to read or copy the Proposed Minutes.
4.
The Public Body shall consider the Proposed Minutes for approval at the first Meeting of the Public Body that immediately follows the Meeting Clerk giving the Proposed Minutes to the members of the Public Body. The members of the Public Body shall either approve the proposed written minutes as presented; or vote to correct and amend the proposed written minutes and then approve the corrected and amended written minutes at the Meeting.
5.
If the Public Body fail to consider the Proposed Minutes, or does not take any action to approve the Proposed Minutes at the first Public Meeting held by the Public Body immediately following the Public Body's receipt of the Proposed Minutes from the Meeting Clerk, the Proposed Minutes shall be deemed to have been approved by the Public Body and will stand as proposed.
6.
Once the Proposed Minutes have either been approved by the Public Body, or have been deemed to have been approved by the inaction of the Public Body, they shall become the official record of the proceedings of the Public Body and shall be signed by the Clerk of the Meeting and shall be retained in the official records of this Municipality and shall be a public document available for the inspection and copying by members of the public as appropriate under Utah law.
(Adopted by Ord. 2018-01 on 9/9/2019)
Chapter 7: - Officers and Employees#
1-7-1: - Creating offices; filling vacancies#
A.
Offices Created by Council: The city council may create any office deemed necessary for the government of the city and provide for filling vacancies in elective and appointive offices.
B.
Mayor to Appoint and Fill Vacancies: The mayor, with the advice and consent of the city council, may appoint and fill vacancies in all offices provided for by law or ordinance.
C.
Continuation in Office: All appointed officers shall continue in office until their successors are appointed and qualified.
(Adopted by Ord. 2001 Code on 1/1/2001)
1-7-2: - City recorder and city treasurer#
A.
Appointment: On or before the first Monday in February following a city election, the mayor, with the advice and consent of the city council, shall appoint a qualified person to each of the offices of city recorder and city treasurer.
B.
Ex Officio Auditor: The city recorder is ex officio city auditor and shall perform the duties of that office.
(Adopted by Ord. 1976 Code § 3-611 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-7-3 : - Bonds of officers#
A.
Approval of Bonds: The bonds of the council members shall be approved by the mayor and the bond of the mayor shall be approved by the city council at the first meeting of the city council in January following a city election.
B.
Premium Paid by City: The premium charged by a corporate surety for any bond required by the city shall be paid by the city.
C.
Additional Bonds; Filing: The city council may at any time require further and additional bonds of any or all officers elected or appointed. All bonds given by the officers, except as otherwise provided by law, shall be filed with the city recorder, except that the bond of the city recorder shall be filed with the city treasurer.
D.
Bond Amounts: Before taking the oath of office and entering on the duties of their respective office, the following named city officials shall each give a bond with good and sufficient securities, payable to the city, conditioned for the faithful performance of the duties of their office and the payment of all monies received by such officers according to law and the ordinances of the city, in the following amounts:
Mayor $1,200.00
Council members $600.00
City treasurer Set by resolution
City recorder Set by resolution
E.
Treasurer's Bond: The city treasurer's bond shall be superseded by any rule, regulation or directive of the State Money Management Council when such rule, regulation or directive is binding on the city.
F.
Blanket Bond: The bond required in this section may be a blanket bond.
(Adopted by Ord. 1976 Code § 3-521 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-7-4: - Oath of office#
A.
Constitutional Oath of Office: All officers, whether elected or appointed, before entering on the duties of their respective offices shall take, subscribe and file the constitutional oath of office. The form of oath shall be as provided in the Utah Constitution article IV, section 10.
B.
Filing: The oath of office required under this section shall be administered by any judge, notary public or by the city recorder. Elected officials shall take their oath of office at twelve o'clock (12:00) noon on the first Monday in January following their election or as soon thereafter as is practical. Appointed officers shall take their oath at any time before entering on their duties. All oaths of office shall be filed with the city recorder.
C.
Acts of Officials Not Voided: No official act of any city officer shall be invalid for the reason that he failed to take the oath of office.
(Adopted by Ord. 1976 Code §§ 3-531, 3-532 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
1-7-5 : - Duties of all officers#
It shall be the duty of all officers of the city to: A.
Records to Successor: Deliver to their successor within one week after the change of office all records, documents and property which belong to the city.
B.
Deliver Funds to Treasurer: Deliver to the city treasurer within one week after receipt of such funds all funds of the city which the officer receives.
C.
Sign Required Records: Sign within a reasonable time all papers, documents and records received by him which require his signature.
D.
Perform Duties Imposed: Perform all duties imposed by him by virtue of the office held.
E.
Issue Receipts: Give receipts on forms provided by the city recorder for all sums of money received, collected or paid them or their assistants.
(Adopted by Ord. 1976 Code § 3-361 on 1/1/1976)
1-7-6: - Compensation#
A.
Specified: The salary of the officers and employees of the city shall be paid in the amount and at such times as is established by the city council.
B.
Benefits: In addition to the salary paid the officers and employees of the city, they shall receive the following benefits:
1.
The employees' share of the social security tax.
2.
Health and accident insurance for themselves and their families on such basis and cost to the employee or officer as the city council may from time to time establish by resolution.
3.
Vacation and sick leave on such basis as the city council may from time to time establish by resolution.
4.
Participation in the Utah State Retirement Program on such basis and cost as the city council may from time to time establish by resolution.
C.
Elected Officials Performing Additional Duties:
1.
Request for Payment: Any elected official who is called upon to perform a work assignment within the city limits and said work takes more than one hour to perform, said official may, with approval of the mayor, submit a request for payment for hours worked.
2.
Submission: Requested payment will be submitted to the city recorder on time sheets and in accordance with pay schedules being used for other city employees within the same department.
3.
Mileage and Per Diem: Each member of the city council shall be eligible to receive mileage and per diem expenses for all trips approved by the city council according to the schedules adopted by the Utah Department of Finance.
4.
Contact Qualified Employee First: A city employee who is qualified should be contacted first to perform the required work. If he is not available, the mayor has the discretion to ask an official to perform the work.
(Adopted by Ord. 1976 Code § 3-551 on 1/1/1976; Amended by Ord. 91-2 on 1/15/1991; Amended by Ord. 2001 Code on 1/1/2001)
1-7-7: - Expenses; claim for reimbursement#
In addition to all other compensation or salaries, any officer or employee of the city may receive, following the submission to the city recorder of a claim, travel expenses and per diem established by the Utah State Department of Finance for expense actually incurred by the person for attending any meeting, conference, seminar or training session, provided attendance shall have been approved by the city council.
(Adopted by Ord. 1976 Code § 3-554 on 1/1/1976)
1-7-8: - Private work prohibited#
It shall be unlawful for any employee of the city to authorize or render services or city equipment for use on any private person's property and which is a benefit to such private person, including snow removal, sewer or water line repair or transporting garbage.
(Adopted by Ord. 2001 Code on 1/1/2001)
1-7-9: - Supervision by mayor#
The mayor shall supervise the official conduct of all officers of the city and investigate or cause to be investigated and present any complaint to the city council, together with the results of the investigation, at the next regular meeting of the city council after the complaint is received by him.
(Adopted by Ord. 1976 Code § 3-623 on 1/1/1976)
CHAPTER 8: - MUNICIPAL ELECTIONS#
1-8-1: - Conduct#
Election for mayor and council members shall be conducted according to the municipal election section of Utah Code Annotated section 20A-9-404(1) and (2).
(Adopted by Ord. 95-1 on 4/3/1995)
1-8-2: - Primary election#
This chapter provides for the candidates for mayor and council members to be nominated at a primary election, if required. A primary election will be held only when the number of candidates filing for an office exceeds twice the number to be elected. The candidates nominated at the primary election, plus candidates that were not required to run in the primary, are to be placed on the November ballot.
(Adopted by Ord. 95-1 on 4/3/1995)
CHAPTER 9: - ADMINISTRATIVE HEARINGS#
1-9-1: - Request#
Unless otherwise specifically provided in any ordinance of the city or any code adopted by reference, a hearing before the city council may be requested by any person: A.
Who is denied or refused a permit or license by any officer, agent or employee of this city.
B.
Whose permit or license is revoked, restricted, qualified or limited from that for which it was first issued.
(Adopted by Ord. 1976 Code § 1-411 on 1/1/1976)
1-9-2: - Form of request#
The request for hearing must be made in writing to the mayor or city recorder and made within thirty (30) days following the date notice denying, refusing, revoking, qualifying or restricting the license or permit is mailed by the city to the applicant or license holder at his address as it appears on the application or license.
(Adopted by Ord. 1976 Code § 4-412 on 1/1/1976)
1-9-3: - Procedure#
A.
Time and Place: Following receipt of a request for hearing, the city council shall inform the person requesting a hearing of the time and place the hearing is to be held.
B.
Witnesses; Evidence: At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the city may produce to support its decision and to present his own evidence in support of his contention.
C.
Decision of City Council: The city council shall, within ten (10) days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council.
(Adopted by Ord. 1976 Code § 1-413 on 1/1/1976)
1-9-4: - Not additional remedy#
This chapter shall not be construed so as to afford any aggrieved party more than one hearing before the city council, nor shall the hearing provided in this chapter apply to any criminal complaint or proceeding.
(Adopted by Ord. 1976 Code § 1-414 on 1/1/1976)
CHAPTER 10: - PUBLIC RECORDS#
1-10-1: - Records access and management#
The city hereby adopts by reference the Government Records Access and Management Act, Utah Code Annotated section 63-2-101 et seq. The fee and retention schedules shall be as established by the city council and on file in the city office.
(Adopted by Ord. 2001 Code on 1/1/2001)