17-64-501. Ordinances -- Power to enact -- Penalty for violation.
(1) A legislative body may: pass ordinances: necessary for carrying into effect or discharging the powers and duties conferred by this title; and as are necessary and proper to provide for the safety, and preserve the health, promote the prosperity, improve the morals, peace, and good order, comfort, and convenience of the county and county inhabitants, and for the protection of property in the county; enforce obedience to ordinances with fines or penalties as the legislative body considers proper; pass ordinances to control air pollution; pass resolutions; and make or adopt policies that conform with a county ordinance, county resolution, or provision of state or federal law.
(2) Except for an ordinance described in Subsection, a legislative body shall, before passing an ordinance under Subsection, consider the impact the proposed ordinance may have on family health, stability, and formation. 17-64-502(6) (1) Failure to comply with Subsectiondoes not: (2)(a) invalidate an ordinance enacted by the legislative body; or create a cause of action against the county or the legislative body.
(3) Punishment imposed under Subsectionshall be by fine, imprisonment, or both fine and imprisonment. (1)(b) A fine imposed under Subsectionmay not exceed the maximum fine for a class B misdemeanor under Section. (3)(a)(i) 76-3-301 Notwithstanding Subsection, a county may not impose a criminal penalty greater than an infraction for a violation pertaining to an individual's pet, as defined in Section, or an individual's use of the individual's residence unless: (3)(a) 4-12-102 the violation: is a private nuisance as described in Section; and 78B-6a-101 threatens the health, safety, or welfare of the individual or an identifiable third party; or the county 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. Subsectiondoes not apply to county enforcement of a building code or fire code ordinance in accordance with. (3)(b) Title 15A, State Construction and Fire Codes Act When a penalty for a violation of an ordinance includes any possibility of imprisonment, the legislative body shall include in the ordinance a statement that the county is required, under Section, to provide for indigent defense services, as that term is defined in Section. 78B-22-301 78B-22-102 Notwithstanding any other provision of law, 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: a fire officer described in Section; 53-7-102 a law enforcement officer described in Section; or 53-13-103 an animal control officer described in Section. 11-46-102
(4) Except as specifically authorized by statute, the legislative body may not impose a civil penalty for the violation of a county traffic ordinance. Subsectiondoes not apply to an ordinance regulating the parking of vehicles on a highway. (4)(a)
(5) A county may not issue more than one infraction within a 14-day period for a violation described in Subsectionthat is ongoing. (3)(b)