Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 320 (2025GS)

Sponsor

Rep. Shepherd, Lisa

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• allows a municipality to impose a civil fine that exceeds the maximum class B misdemeanor fine under Section 76-3-301 if:
• the fine is imposed for violation of an ordinance that regulates occupancy, the provision of off-street parking, or the operation of a rental dwelling or short-term rental;
• the municipality has previously imposed a fine on the individual for the same violation three or more times within the past 12 months; and
• the fine does not exceed the applicable maximum amount described in this bill.

Every vote on this bill

Bill text

3
10-3-703
Municipal Ordinance Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lisa Shepherd
Senate Sponsor: 
LONG TITLE
General Description:
This bill amends provisions relating to the imposition of a civil penalty for a municipal 
ordinance violation.
Highlighted Provisions:
This bill:
allows a municipality to impose a civil fine that exceeds the maximum Class B 
misdemeanor fine under Section 76-3-301 if the municipality has previously imposed a 
fine on the individual for the same violation three or more times within the past 12 
months.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-703
, as last amended by Laws of Utah 2020, Chapter 89
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-3-703
 is amended to read:
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)
 and subject to Subsection 
(2)(c)
, 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.
(c)
A civil penalty that is a fine under this Subsection 
(2)
 may not exceed the maximum 
class B misdemeanor fine under Section 
76-3-301
, unless the municipality has 
previously imposed a civil or criminal fine on the individual for the same violation 
three or more times within the 12 months immediately preceding the violation.
(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.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-24-25 11:56 AM