The text
Sec. 1-1. - How Code designated and cited.#
The ordinances contained in this Code and all ordinances of a general nature hereafter adopted and inserted herein and all amendments, additions and changes thereto shall be part of this Code and shall be known and cited as the "Code of Ordinances, Town of Minersville, Utah." The Code may also be cited as the "Minersville Code."
(Code 1981, § 1-001)
State Law reference— Authority to modify and codify ordinance, U.C.A. 1953, § 10-3-707.
Sec. 1-2. - Definitions and rules of construction.#
In the construction of this Code, the following definitions and rules of construction shall be observed, unless the context clearly indicates otherwise:
Code. The term "Code" refers to the Code of Ordinances, Town of Minersville, Utah, as established and designated in section 1-1.
Committee, commission, officer, department,etc. The title of any committee, commission, department, office or officer shall be interpreted as though the words "of the Town of Minersville, Utah," were added.
Computation of time. In computing any period of time prescribed or allowed by ordinance, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. State Law reference— Computation of time, U.C.A. 1953, § 20A-1-104.
Councilmember. The term "councilmember" means a member of the town council.
County. The term "county" means the County of Beaver in the State of Utah.
Delegation of authority. Whenever a provision appears authorizing or requiring a particular officer or employee of the town to do some act, it shall be construed to authorize the officer or employee to delegate, designate and authorize subordinates to do the act, unless the terms of the provision or section specify otherwise.
Gender. Words of gender include all genders.
General rule. All words and phrases shall be construed 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.
Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Keeper andproprietor. The terms "keeper" and "proprietor" mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
May. The term "may" is permissive and not mandatory.
Month. The term "month" means a calendar month.
Must. The term "must" is always mandatory and not merely permissive.
Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; however, technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
Oath. The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall include the words "affirm" and "affirmed."
Or/and. The word "or" may be read as "and," and the word "and" may be read as "or," if sense requires it.
Owner. The term "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
Person. The term "person" includes individual natural persons, partnerships, joint adventures, societies, associations, clubs, trustees, trusts or corporations and any officers, agents, employees or factors or any kind of personal representatives of any thereof, in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
Personal property. The term "personal property" includes every species of property except real property.
Public place. The term "public place" means the town hall, the post office or any park, cemetery, school yard or open space adjacent thereto and all waterways owned by a public entity.
Real property. The term "real property" includes lands, tenements and hereditaments.
Shall. The term "shall" is always mandatory and not merely permissive.
State. The term "state" means the State of Utah.
Street. The term "street" includes streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the town.
Tenant or occupant. The terms "tenant" or "occupant," applied to a building or land, includes any person holding a written or oral lease, or who occupies the whole or a part of such building or land, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Town. The term "town" means the Town of Minersville, Utah, and shall extend to and include its several officers, agents and employees.
Town council and council. The terms "town council" and "council" mean the town council of the Town of Minersville, Utah.
U.C.A., Utah Code Annotated. The abbreviation "U.C.A." and the term "Utah Code Annotated" mean and refer to the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed on a certain date.
Written and in writing. The terms "written" and "in writing" include any representation of words, letters or figures, whether by printing or otherwise.
Year. The term "year" means a calendar year.
(Code 1981, § 1-005)
Sec. 1-3. - Catchlines of sections.#
The catchlines of the sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles of such sections or any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(Code 1981, § 1-006)
Sec. 1-4. - References to chapters or sections.#
All references in this Code to chapters or sections are to the chapters and sections of this Code unless otherwise specified.
Sec. 1-5. - Provisions considered continuation of existing ordinances.#
The provisions appearing in this and the following chapters and sections, so far as they are the same as the ordinance from which they were derived, shall be considered as a continuation thereof and not as new enactments.
Sec. 1-6. - Ordinances not affected by Code.#
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance: (1)
Adopting the budget or making appropriations;
(2)
Authorizing or otherwise relating to any contract or obligation assumed by the town;
(3)
Promising or guaranteeing the payment of money for the town;
(4)
Authorizing the issuance of bonds or any evidence of indebtedness;
(5)
Granting a franchise or right, or any ordinance relating to franchises;
(6)
Contracting, extending or describing the boundaries of the town;
(7)
Imposing taxes which have not been codified in this Code;
(8)
Relating to personnel or the salaries of town officers and employees;
(9)
Providing for local improvements or levying special assessments for local improvements;
(10)
Regulating subdivisions;
(11)
Accepting or dedicating any plat or subdivision;
(12)
Dedicating, naming, establishing, locating, relocating, opening, vacating, closing, paving, widening or establishing grades for any street, alley or sidewalk;
(13)
Regarding zoning or land use regulations;
(14)
Regarding personnel matters or pension, retirement or other benefits for officers and employees;
(15)
Relating to a traffic schedule, or any ordinance regulating speed, stopping, standing or parking;
(16)
Which is temporary, although general in effect;
(17)
Which is special, although permanent in effect; or
(18)
Whose purpose has been accomplished;
and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out in this Code.
Sec. 1-7. - Effect of repeal or amendment of ordinances.#
(a)
The repeal or amendment of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed or amended took effect, or the obligation of any contract entered into under the prior ordinance.
(b)
The repeal or amendment of an ordinance shall not affect any punishment or penalty incurred before the repeal or amendment took effect, or any suit, prosecution or proceeding pending at the time of the repeal or amendment, for an offense committed or a cause of action arising under the repealed or amended ordinance.
(Code 1981, § 1-003)
Sec. 1-8. - Acts, penalties and rights not affected by Code.#
Nothing in this Code or in the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or occurring before the effective date of this Code.
Sec. 1-9. - Numbering of ordinances.#
(a)
The clerk/recorder shall, insofar as possible, assign all ordinances of a general nature adopted after the adoption of this Code a number which shall conform to the numbering system used in this code and shall indicate upon the face of the ordinance the date adopted.
(b)
The clerk/recorder shall keep all ordinances of a local, private or temporary nature, including franchises, grants, dedications, bond issues and tax levies, in a separate book titled "Special Ordinances" properly indexed and organized according to date adopted. The first number of such an ordinance shall be the last two digits of the year the ordinance is adopted, followed by a dash which is followed by a number which shall be a sequential, ascending number indicating the order in which such special ordinance was adopted during the year.
(c)
Failure to comply with this section shall not affect or render invalid any ordinance of the town.
(Code 1981, § 1-008)
Sec. 1-10. - History notes.#
The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect, but are merely intended to indicate the source of matter contained in the section.
Sec. 1-11. - References and editor's notes.#
References and editor's notes following certain sections of this Code are inserted as an aid and guide to the reader and are not controlling or meant to have any legal effect.
Sec. 1-12. - Amendments to Code.#
(a)
Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the town council to make the addition or amendment a part of this Code, shall be deemed to be incorporated in this Code, so that reference to the Code shall be understood and intended to include such additions and amendments.
(b)
All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in the Code. When subsequent ordinances repeal any chapter, article, division, section or subsection, or any portion thereof, such repealed portions may be excluded from the Code by omission from reprinted pages.
(c)
Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in substantially the following language: "That section ___ of the Code of Ordinances, Town of Minersville, Utah, is hereby amended to read as follows: …." The new provisions shall then be set out in full as desired.
(d)
If a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances, Town of Minersville, Utah, is hereby amended by adding a section to be numbered ___, which section reads as follows: …." The new section may then be set out in full as desired.
(e)
All sections, divisions, articles, chapters or provisions desired to be repealed must be specifically repealed by section, division, article or chapter number, as the case may be.
Sec. 1-13. - Supplementation of Code.#
(a)
By contract or by town personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the town clerk. A supplement to the Code shall include all substantive, permanent and general parts of ordinances passed by the town council or adopted by initiative and referendum during the period covered by the supplement, and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b)
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
(c)
When preparing a supplement to this Code, the codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to embody them into a unified Code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions.
(2)
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in catchlines, headings and titles.
(3)
Assign appropriate numbers to sections and subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or subdivision numbers.
(4)
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division" or "this section," as the case may be, or to "sections ___ through ___." The inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code.
(5)
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
Sec. 1-14. - Severability.#
It is hereby declared to be the intention of the town council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or without effect by any final judgment or decree of a court of competent jurisdiction, such judgment or decree shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
(Code 1981, § 1-007)
Sec. 1-15. - Application of Code; offense prior to effective date.#
(a)
The provisions of this Code shall govern the construction of, the punishment for and the defense against any offense defined in this Code or, except where otherwise specifically provided or the context otherwise requires, any offense defined outside this Code; provided such offense was committed after the effective date of this Code.
(b)
Any offense committed prior to the effective date of this Code shall be governed by the town ordinancesexisting at the time of commission thereof, except that a defense or limitation on punishment available under this Code shall be available to any defendant tried or retried after the effective date. An offense under this Code shall be deemed to have been committed prior to the effective date of this Code if any of the elements of the offense occurred prior to the effective date.
(Code 1981, § 1-111)
Sec. 1-16. - Purposes and principles of construction.#
The provisions of this Code shall be construed in accordance with these general purposes to: (1)
Forbid and prevent the commission of offenses;
(2)
Define adequately the conduct and mental state which constitute each offense;
(3)
Prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders; and
(4)
Prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.
(Code 1981, § 1-112)
Sec. 1-17. - Crimes abolished.#
No conduct is a crime or an offense unless made so by this Code, other ordinances or applicable statutes.
(Code 1981, § 1-113)
Sec. 1-18. - Strict construction rule not applicable.#
The rule that a penal ordinance is to be strictly construed shall not apply to this Code, any of its provisions or other ordinances of the town. All provisions of this Code and offenses defined by it shall be construed according to the fair import of their terms to promote justice and to affect the objects of the law and general purposes of section 1-16.
(Code 1981, § 1-114)
Sec. 1-19. - Procedure governed by state and constitutional provisions; liability for civil damages not affected.#
(a)
Except as otherwise provided, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this Code, but shall be in conformity with the laws of the state and the Constitution of the United States.
(b)
This Code does not bar, suspend, or otherwise affect any rights to or liability for damages, penalties, forfeiture, impeachment, or other remedy authorized by law to be covered or enforced in a civil action, administrative proceeding, or otherwise, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this Code.
(Code 1981, § 1-115)
Sec. 1-20. - Jurisdiction of offenses.#
(a)
A person is subject to prosecution in the town for an offense which he commits, while either within or outside the town, by his own conduct or that of another for which he is legally accountable, if:
(1)
The offense is committed either wholly or partially within the town;
(2)
The conduct outside the town constitutes an attempt within the town;
(3)
The conduct outside the town constitutes a conspiracy to commit an offense within the town and an act in furtherance of the conspiracy occurs in the town; or
(4)
The conduct within the town constitutes an attempt, solicitation or conspiracy to commit in another jurisdiction an offense under this Code and the Code of such other jurisdiction.
(b)
An offense is committed partially within the town if either the conduct which is an element of the offense, or the result which is such an element, occurs within the town.
(c)
An offense which is based on an omission to perform a duty imposed by this Code is committed within the town regardless of the location of the offender at the time of the omission.
(Code 1981, § 1-121)
Sec. 1-21. - Sentencing in accordance with chapter.#
(a)
A person adjudged guilty of an offense under this Code or the ordinances of the town shall be sentenced in accordance with the provisions of this chapter.
(b)
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.
(Code 1981, § 1-311)
Sec. 1-22. - Designation of offenses; general penalty.#
(a)
Offenses are designated as misdemeanors or infractions.
(b)
Misdemeanors are classified into two categories:
(1)
Class B misdemeanors; and
(2)
Class C misdemeanors.
(c)
An offense designated as a misdemeanor in an ordinance without specification as to punishment or category is an infraction punishable in accordance with U.C.A. 1953, § 76-3-205.
(Code 1981, §§ 1-312, 1-313)
State Law reference— Similar provision, U.C.A. 1953, § 78-3-104.
Sec. 1-23. - Infractions.#
(a)
Infractions are not classified.
(b)
Any offense which is made an infraction in this Code or other ordinances of the town or which is expressly designated an infraction and any offense designated by this Code or other ordinances of the town which is not designated as a misdemeanor and for which no penalty is specified is an infraction.
(Code 1981, § 1-314)
Sec. 1-24. - 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.
(Code 1981, § 1-315)
Sec. 1-25. - Sentences or combinations of sentences allowed; civil penalties.#
Within the limits prescribed by this Code, a court may sentence a person adjudged guilty of an offense to any one of the following sentences or a combination of such sentences: (1)
To pay a fine;
(2)
To probation; and/or
(3)
To imprisonment.
(Code 1981, § 1-321)
Sec. 1-26. - Misdemeanor conviction; term of imprisonment.#
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 months; and
(2)
In the case of a Class C misdemeanor, for a term not exceeding 90 days.
(Code 1981, § 1-322)
State Law reference— Similar provision, U.C.A. 1953, § 76-3-204.
Sec. 1-27. - Infraction conviction; fine, forfeiture and disqualification.#
(a)
A person convicted of an infraction may not be imprisoned but may be subject to:
(1)
A fine, which may include compensatory service as a method to satisfy the fine;
(2)
Forfeiture;
(3)
Disqualification; or
(4)
Any combination of the above.
Compensatory service shall be considered in accordance with U.C.A. 1953, § 76-3-301.7.
(b)
Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined as for a Class C misdemeanor.
(Code 1981, § 1-323)
State Law reference— Similar provision, U.C.A. 1953, § 76-3-205.
Sec. 1-28. - Fines of persons.#
A person who has been convicted of an offense may, in addition to any term of imprisonment imposed, be sentenced to pay a fine not to exceed: (1)
$1,000.00 for a Class B misdemeanor conviction;
(2)
$750.00 for a Class C misdemeanor conviction or infraction conviction; or
(3)
Any greater amounts specifically authorized by statute.
(Code 1981, § 1-331)
State Law reference— Fines of individual, U.C.A. 1953, § 76-3-301.
Sec. 1-29. - Fines of corporations, associations, partnerships, or governmental instrumentalities.#
The sentence to pay a fine, when imposed upon a corporation, association, partnership, or governmental instrumentality for an offense defined in this Code, the ordinances of the town or any offense defined outside of this Code over which the town has jurisdiction, for which no special corporate fine is specified, shall be sentenced to pay an amount, fixed by the court, not exceeding: (1)
$5,000.00 for a Class B misdemeanor conviction; and
(2)
$1,000.00 for a Class C misdemeanor conviction or for an infraction conviction.
(Code 1981, § 1-332)
State Law reference— Similar provision, U.C.A. 1953, § 76-3-302(3)(4).
Sec. 1-30. - Incorporation of state law.#
The provisions of U.C.A. 1953, §§ 76-3-401 through 76-3-405 are hereby adopted and incorporated herein by reference, as such limitations and special provisions on sentences apply to misdemeanors.
(Code 1981, § 1-341)
Sec. 1-31. - Administrative hearings.#
(a)
Request. Unless otherwise specifically provided in any ordinance of the town or any code adopted by reference, a hearing before the town council may be requested by any person:
(1)
Who is denied or refused a permit or license by any officer, agent or employee of the town; or
(2)
Whose permit or license is revoked, restricted, qualified, or limited from that for which it was first issued.
(b)
Form of request. The request for a hearing must be made in writing to the mayor or clerk/recorder within 30 days following the date that the notice denying, refusing, revoking, qualifying, restricting or revoking the license or permit is mailed by the town to the applicant or license holder at his address as it appears on the application or license.
(c)
Procedure.
(1)
Following receipt of a request for hearing, the town council shall inform the person requesting a hearing of the time and place the hearing is to be held.
(2)
At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the town may produce to support its decision and to present his own evidence in support of his contention.
(3)
The town council shall, within ten days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the town council.
(d)
No additional remedy. This section shall not be constructed so as to afford any aggrieved party more than one hearing before the town council nor shall the hearing provided in this section apply to any criminal complaint or proceeding.
(Code 1981, §§ 1-411—1-414)
State Law reference— Administrative proceeding, U.C.A. 1953, § 10-3-703.7.