Chapter 9.48 OFFENSES AGAINST PUBLIC HEALTH, SAFETY, WELFARE AND MORALS

“Enclosed public place” means the dining rooms in hotels, restaurants, cafes and cafeterias, theaters, arenas, passenger elevators, streetcars, buses, interurban and railway passenger coaches, motor and other passenger vehicles used by common carriers, railway station waiting rooms, and state, county and city buildings; but the owner or proprietor of any hotel dining room, restaurant, cafe, or cafeteria may designate the same as a public smoking room by a conspicuous sign at or near the entrance, and in any state, county, or city building any public officer who has a private office separate and apart from his public office may, if he so desires, designate the private office as a place where smoking may be permitted, and, so long as the private office is so designated, smoking therein shall not be considered in violation of this section.

“Place of business” means any and all such places as shops, stores, factories, public garages, offices, theaters, recreation and dance halls, poolrooms, cafes, cabarets, restaurants, hotels, lodging houses, streetcars, buses, interurban and railway passenger coaches and waiting rooms. [Code 1986 § 13-76-10-101.]

9.48.020 Cigarettes and tobacco – Advertising restrictions.

It is a class B misdemeanor for any person to display on any billboard, streetcar sign, streetcar, bus, placard, or on any other object or place of display, any advertisement of cigarettes, cigarette papers, cigars, chewing tobacco, or smoking tobacco or any disguise or substitute of either, except that a dealer in cigarettes, cigarette papers, tobacco or cigars, or their substitutes, may have a sign on the front of his place of business stating that he is a dealer in the articles; provided, that nothing herein shall be construed to prohibit the advertising of cigarettes, cigarette papers, chewing tobacco or smoking tobacco, or any substitute of either, in any newspaper, magazine or periodical printed or circulating in this municipality. [Code 1986 § 13-76-10-102.]

9.48.030 Permitting minors to use tobacco in place of business.

It is a class C misdemeanor for the proprietor of any place of business to knowingly permit persons under age 19 to frequent a place of business while they are using tobacco. [Code 1986 § 13-76-10-103.]

9.48.040 Furnishing cigars, cigarettes or tobacco to minors.

Any person who sells, gives or furnishes any cigars, cigarette or tobacco in any form, to any person under 19 years of age, is guilty of a class C misdemeanor. [Code 1986 § 13-76-10-104.]

9.48.050 Buying or possessing cigars, cigarettes or tobacco by minors.

Any person under the age of 19 years who buys, accepts, or who has in his possession any cigar, cigarette or tobacco in any form is guilty of a class C misdemeanor, or may be classified as a delinquent child and referred to the juvenile courts. [Code 1986 § 13-76-10-105.]

9.48.060 Tobacco use prohibited in outdoor facilities.

No person shall use any form of tobacco at or on any town-owned or -operated outdoor facility, including: playgrounds, parks, athletic fields, hiking trails, restrooms and the cemetery. [Ord. 2012-13-2 § 1.]

9.48.070 Abuse of psychotoxic chemical solvents.

A. A person is guilty of abuse of psychotoxic chemical solvents if:

1. For the purpose of causing condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, he intentionally:

a. Smells or inhales the fumes of any psychotoxic chemical solvent; or

b. Possesses, purchases, or attempts to possess or purchase any psychotoxic chemical solvent.

2. Knowing or believing that a purchaser or another intends to use a psychotoxic chemical in violation of subsection (A)(1)(a) or (A)(1)(b) of this section, sells or offers to sell any psychotoxic chemical solvent.

B. This section shall not apply to the prescribed use, distribution, or sale of those substances for medical or dental purposes.

C. Abuse of psychotoxic chemical solvents is a class B misdemeanor.

D. As used in this section, psychotoxic chemical solvent includes any glue, cement, or other substance containing one or more of the following chemical compounds: acetone, acetate, amyl nitrite, or their isomers; benzene, butyl-alcohol, butyl nitrite, butyl nitrate, or their isomers; ethyl-alcohol, ethyl nitrite, ethyl nitrate, ethylene dichloride, ispobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite, propyl nitrate or their isomers, tuluene or zylene, or other chemical substance capable of causing condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system as a result of inhalation of the fumes or vapors of such chemical substances. Nothing in this section shall be construed to include any controlled substance regulated by the provisions of Title 58, Chapter 37, Utah Code Annotated 1953. [Code 1986 § 13-76-10-107.]

9.48.080 Enforcement.

A. Signs will be posted to notify residents and visitors of tobacco-free policy.

B. The emphasis on enforcing the tobacco-free parks policy is through voluntary compliance. However, any person refusing to comply will be asked to leave the facility. A class C misdemeanor for any subsequent offense will be issued. [Ord. 2012-13-2 § 2.]

9.48.090 Duties of proprietor of public place.

Reserved. [Code 1986 § 13-76-10-109.]

9.48.100 Violations.

Reserved. [Code 1986 § 13-76-10-110.]

Article II. Waters

9.48.110 Interference with control of water commissioner.

Every person who in any way interferes with or alters the flow of water in any stream, ditch, or lateral while under the control or management of the water commissioner or superintendent is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-201.]

9.48.120 Taking water out of turn or excess amount – Injuring facilities.

Every person who, in violation of any right of any other person, willfully turns or uses the water, or any part thereof, of any canal, ditch, pipeline, or reservoir, except at a time when the use of the water has been duly distributed to the person or willfully uses any greater quantity of water than has been duly distributed to him, or in any way changes the flow of water when lawfully distributed for irrigation or other useful purposes, except when duly authorized to make the change, or willfully and maliciously breaks or injures any dam, canal, pipeline, water gate, ditch, or other means of diverting or conveying water for irrigation or other useful purposes, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-202.]

9.48.130 Obstruction of water gates by logs.

Every person who rafts or floats logs, timber, or wood down any river or stream and allows the logs, timber, or wood to accumulate at or obstruct the water gates owned by any person or irrigation company taking or diverting the water of the river or stream for irrigation or manufacturing purposes is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-203.]

9.48.140 Injuring bridge, dam, canal or other water-related structure.

Every person who willfully and maliciously cuts, breaks, injures, or destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir, or other structure erected to create hydraulic power, or to drain or reclaim any swamp and overflowed or marsh land, or to conduct water for mining, manufacturing, reclamation, or agricultural purposes, or for the supply of the inhabitants of this town; or willfully or maliciously makes or causes to be made any aperture in any such dam, canal, flume, aqueduct, reservoir, embankment, levee, or structure with intent to injure or destroy it; or draws up, cuts or injures any piles fixed in the ground and used for securing any lake or river bank or walls or any dock, quay, jetty, or lock is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-204.]

Article III. Explosives

9.48.150 Unlawful handling of explosives.

A. Every person who makes or keeps nitroglycerin or other high explosive substances of five or more pounds of gunpowder within this town, or who carries it through the streets hereof, without first obtaining a permit therefor from the clerk, shall be guilty of a class B misdemeanor.

B. The clerk may impose as a condition of receiving and keeping a permit under this section, that the person comply with reasonable safety standards as the marshal may require. [Code 1986 § 13-76-10-301.]

9.48.160 Marking of containers of explosives before transportation or storage.

Every person who knowingly leaves with or delivers to another, or to any express or railway company or other common carrier, or to any warehouse or storehouse, any package containing nitroglycerine, dynamite, guncotton, gunpowder, or other highly explosive compound, or any benzine, gasoline, phosphorus, or other highly inflammable substance, or any vitriol, sulphuric, nitric, carbolic, muriatic, or other dangerous acid, chemical or compound, to be handled, stored, shipped, or transported, without plainly marking and indicating on such package the name and nature of the contents thereof, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-302.]

9.48.170 Powder houses.

Every person who builds, constructs, or uses within 300 feet of any residence or traveled county road any powder house, magazine, or building in which more than five pounds of gunpowder, dynamite or other explosive is kept in quantities exceeding 500 pounds is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-303.]

9.48.180 Marking of containers of explosives held for sale or use.

It shall be a class B misdemeanor to sell or offer for sale or take or solicit orders of sale, or purchase or use, or have on hand or in store for the purpose of sale or use, any giant, hercules, atlas, venture or any other high explosive containing nitroglycerin, unless on each box or package and wrapper containing any such high explosive there shall be plainly stamped or printed the name and place of business of the person, partnership, or corporation by whom or by which it was manufactured, and the exact and true date of its manufacture, and the percentage of nitroglycerin or other high explosive contained therein. [Code 1986 § 13-76-10-304.]

9.48.190 Different dates on containers of explosive prohibited – Reuse of containers prohibited.

It shall be a class B misdemeanor for any person or persons, partnership, or corporation to have two or more different dates on any box or package containing giant, hercules, atlas or venture, or any other high explosive containing nitroglycerin. It shall further be unlawful to use any box, package, or wrapper formerly used by any other person or persons, partnership, or corporation in the packing of such giant, hercules, atlas, venture, or other high explosive containing nitroglycerin, and the name and date on the box or package shall be the same as on the wrapper containing the giant, hercules, atlas, venture, or other explosive containing nitroglycerin. [Code 1986 § 13-76-10-305.]

9.48.200 “Infernal machine” defined.

An “infernal machine” is any box, package, contrivance, bomb, or apparatus containing or arranged with an explosive or acid or poisonous or inflammable substance, chemical, or compound, or knife, loaded pistol, or gun, or other dangerous or harmful weapon or thing, constructed, contrived, or arranged so as to explode, ignite, or throw forth its contents, or to strike with any of its parts, unexpectedly when moved, handled, or opened, or after the lapse of time or under conditions or in a manner calculated to endanger health, life, limb, or property. [Code 1986 § 13-76-10-306.]

9.48.210 Infernal machine – Delivery to common carrier, mailing, or placement on premises.

Every person who delivers or causes to be delivered to any express or railway company or other common carrier, or to any person, any infernal machine, knowing it to be such, without informing the common carrier or person of the nature thereof, or sends it through the mail, or throws or places it on or about the premises or property of another, or in any place where another may be injured thereby in his person or property, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-307.]

9.48.220 Infernal machine – Construction or possession.

Every person who knowingly constructs or contrives any infernal machine or, with intent to injure another in his person or property, has any infernal machine in his possession is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-308.]

Article IV. Fences

9.48.230 Fencing of shafts and wells.

Any person who has sunk or shall sink a shaft or well for any purpose shall enclose it with a substantial curb or fence, which shall be at least four and one-half feet high. Any person violating the provisions of this section is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-401.]

Article V. Weapons

9.48.240 Definitions.

For the purpose of this article:

“Bureau” means the Utah State Bureau of Criminal Identification.

“Crime of violence” means murder, voluntary manslaughter, rape, mayhem, kidnapping, robbery, burglary, housebreaking, extortion, or blackmail accompanied by threats of violence, assault with a dangerous weapon, assault with intent to commit any offense punishable by imprisonment for more than one year, or an attempt to commit any of the foregoing offenses.

“Dangerous weapon” means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. In construing whether an item, object, or thing not commonly known as a dangerous weapon is a dangerous weapon, the character of the instrument, object, or thing; the character of the wound produced, if any; and the manner in which the instrument, object, or thing was used shall be determinative.

“Firearms” means pistols, revolvers, sawed-off shotguns, or sawed-off rifles, and/or any device which could be used as a weapon from which is expelled a projectile by any force.

“Prohibited area” means any place where it is unlawful to discharge a weapon.

“Sawed-off shotgun” means a shotgun having a barrel or barrels of less than 18 inches in length, or in the case of a rifle, having a barrel or barrels of less than 16 inches in length, or any weapon made from a rifle or shotgun (whether by alteration, modification or otherwise) if the weapon as modified has an overall length of less than 26 inches. [Code 1986 § 13-76-10-501.]

9.48.250 When weapon deemed loaded.

For the purpose of this article, any pistol, revolver, shotgun, rifle, or other weapon described in this article shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position, except in the case of pistols and revolvers, in which case they shall be deemed loaded when the unexpended cartridge, shell or projectile is in a position that the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired; and a muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders. [Code 1986 § 13-76-10-502.]

9.48.260 Possession of dangerous weapon by convicted person, drug addict, or mentally incompetent person prohibited.

Any person who is not a citizen of the United States or any person who has been convicted of any crime of violence under the laws of the United States, the state of Utah, or any other state, government, or country, or who is addicted to the use of any narcotic drug, or any person who has been declared mentally incompetent shall not own or have in his possession or under his custody or control any dangerous weapon as defined in this article. Any person who violates this section is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-503.]

9.48.270 Carrying concealed dangerous weapon.

A. Any person, except those described in MMC 9.48.260 and those persons exempted under MMC 9.48.330, carrying a concealed dangerous weapon, as defined as in Section 13-76-10-501 et seq., Utah Code Annotated 1953, is guilty of a class B misdemeanor, except that a firearm that contains no ammunition and is enclosed in a case, gun box, or securely tied package shall not be considered a concealed weapon, but, if the dangerous weapon is a firearm and contains no ammunition, he shall be guilty of a class B misdemeanor.

B. Nothing in this article shall prevent any person, except persons described in MMC 9.48.260, from keeping within his place of residence, place of business, or any vehicle under his control any firearm, except that it shall be a class B misdemeanor to carry a loaded firearm in a vehicle. [Code 1986 § 13-76-10-504.]

9.48.280 Carrying loaded firearm in vehicle or on street.

Every person who carries a loaded firearm in a vehicle or on any public street or in a prohibited area is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-505.]

9.48.290 Threatening with or using dangerous weapon in fight or quarrel.

Every person who, not in necessary self-defense in the presence of two or more persons, draws or exhibits any dangerous weapon in an angry and threatening manner or unlawfully uses the same in any fight or quarrel is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-506.]

9.48.300 Possession of deadly weapon with intent to assault.

Every person having upon his person any dangerous weapon with intent to unlawfully assault another is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-507.]

9.48.310 Discharge of firearm from vehicle or near highway.

It shall be a class B misdemeanor for any person to discharge any kind of firearm from an automobile or other vehicle or to discharge a firearm from, upon, or across any highway. [Code 1986 § 13-76-10-508.]

9.48.320 Possession of dangerous weapon by minor.

A minor under the age of 18 may not possess a dangerous weapon as defined herein unless he has the permission by a parent or guardian to have such weapon or is accompanied by a parent or guardian while he has such weapon in his possession. In any event, any minor who is under the age of 14 years must be accompanied by a responsible adult. [Code 1986 § 13-76-10-509.]

9.48.330 Possession of weapon authorized – Permit or license not required.

Nothing in this article shall be construed to prohibit a citizen of the United States over the age of 18 years who resides or is temporarily within this town and who is not within the accepted classes as prescribed by MMC 9.48.260 from owning, possessing, or keeping within his place of residence or place of business or any vehicle under his control any pistol, revolver, or other firearm or dangerous weapon capable of being concealed upon the person, and no permit or license to purchase, own, possess or to keep any such firearm or weapon at his place of residence, or place of business, or any vehicle under his control, shall be required of him. [Code 1986 § 13-76-10-510.]

9.48.340 Possession of loaded weapon at residence authorized.

Nothing in this article shall prevent any person, except persons described in MMC 9.48.260, from having a loaded weapon at his place of residence, including any temporary residence or camp. [Code 1986 § 13-76-10-511.]

9.48.350 Target concessions, trap fields, shooting ranges, and hunting excepted from prohibitions.

The provisions of MMC 9.48.260 and 9.48.320 shall not apply to any of the following:

A. Patrons firing at lawfully operated target concessions at amusement parks, piers, and similar locations; provided, that the firearms to be used are firmly chained or affixed to the counters.

B. Patrons of commercial trap or skeet fields or shooting ranges during regular business hours. [Code 1986 § 13-76-10-512.]

9.48.360 License to carry concealed weapons – Requirements for issuance.

A. The marshal, on proof that the person applying is of good character and upon showing that good cause exists for the issuance, may issue to such person a license to carry a concealed weapon within their jurisdiction for a period of time not to exceed one year from the issuance date of the license.

B. A license may include reasonable restrictions which the town marshal deems warranted including, but not limited to, time, place, or circumstances under which the applicant may carry the weapon. [Code 1986 § 13-76-10-513.]

9.48.370 License – Application form.

The application for license, including a two-inch by two-inch photograph of the applicant, shall be submitted to the town marshal. Knowingly providing false or misleading information on this form is a class B misdemeanor.

State of Utah Date _________________________________________

County of ________________ Town where issued ________________

Name ____________________________________________________

Address __________________________________________________

Present occupation _____________ Business Address ____________

Date of Birth ___________ Height ___________ Weight ___________

Color of eyes _________________ Color of hair __________________

Have you ever been convicted of any felony? Yes _____ No _____

If the answer to the above question is yes, state where and when and what the charge was _______________________________________

_________________________________________________________

Are you addicted to any narcotics or other habit-forming drugs?

Yes _________________________ No _________________________

Have you ever been declared mentally incompetent? ______________

If the answer to the above question is yes, please state where and when. _________________________________________________________

Reason or reasons in full detail for issuance of license

___________________________________________________________________________________________________________________________________________________________________________

Information concerning weapon(s) to be carried _______________
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Providing false or misleading information on this form will subject the applicant to prosecution.

________________________________________ Applicant’s Signature

Subscribed and sworn to this ________ day of _____________, 20___.

_____________________________________ Notary Public Residing in ___________________________________________________ County

My Commission Expires: ______________________

[Code 1986 § 13-76-10-514.]

9.48.380 License – Fee – Amount and disposition.

Each applicant for a license shall pay a fee of $3.00 at the time of filing the application. The officer receiving the application shall also receive the $3.00 fee and shall transmit one-half of the fee together with the fingerprints of the individual to the State Bureau of Criminal Identification. The remaining half of the fee shall be transmitted to the town treasurer. [Code 1986 § 13-76-10-516.]

9.48.390 License – Records – Copies transmitted to Bureau.

When any license is issued, a record shall be maintained in the office of the town clerk which shall be open to public inspection. Copies of each license issued shall be filed immediately by the marshal with the State Bureau of Criminal Identification. [Code 1986 § 13-76-10-517.]

9.48.400 Unlawful marking of pistol or revolver.

Any person who places or stamps on any pistol or revolver any number except one assigned to it by the Bureau is guilty of a class B misdemeanor. This section does not prohibit restoration by the owner of the name of the maker, model, or of the original manufacturer’s number or other mark of identification when the restoration is authorized by the bureau, nor prevent any manufacturer from placing in the ordinary course of business the name of the maker, model, manufacturer’s number, or other mark of identification upon a new pistol or revolver. [Code 1986 § 13-76-10-521.]

9.48.410 Alteration of number or mark on pistol or revolver.

Any person who changes, alters, removes, or obliterates the name of the maker, model, manufacturer’s number, or other marks of identification, including any distinguishing number or mark assigned by the bureau, on any pistol or revolver, without first having secured written permission from the bureau to make the change, alteration or removal, shall be guilty of a class B misdemeanor. [Code 1986 § 13-76-10-522.]

9.48.420 Persons exempt from weapons laws.

The provisions of this article shall not apply to any of the following:

A. United States Marshals while engaged in the performance of their official duties.

B. Federal officials required to carry firearms while engaged in the performance of their official duties.

C. Law enforcement officials of this or any other jurisdiction while engaged in the performance of their official duties.

D. Common carriers while engaged in the regular and ordinary transport of firearms as merchandise.

E. Nonresidents traveling in or through this town; provided, that any firearm is unloaded and enclosed in a case, gun box, or securely tied package or held securely in a gun rack or locked in the trunk of an automobile in which the nonresident is transporting the firearm. [Code 1986 § 13-76-10-523.]

9.48.430 Purchase of firearms in contiguous states pursuant to federal law.

This article will allow purchases of firearms and ammunition by residents in contiguous states pursuant to the Federal Fire Arms Gun Control Act of 1968, Section 922, Paragraph B, No. 3. [Code 1986 § 13-76-10-524.]

9.48.440 Disposition of weapons after use for court purposes.

The police department which has in its possession a weapon after it has been used for court purposes shall determine the true owner of the weapon and return it to him; however, if unable to determine the true owner of the weapon, or if the true owner is the person committing the crime for which the weapon was used as evidence, the department shall confiscate it and it shall revert to the department for their use and/or disposal as the marshal shall determine. [Code 1986 § 13-76-10-525.]

Article VI. Charity Drives

9.48.450 Definitions.

As used in this article:

“Charitable organization” means any organization that is benevolent, philanthropic, patriotic, or eleemosynary or one purporting to be such.

“Contribution” means the promise or grant of any money or property of any kind or value.

“Person” means any individual, organization, group, association, partnership, corporation, or any combination of them.

“Professional fund raiser” means any person who for compensation or any other consideration plans, conducts, or manages the solicitation of contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself out to persons as independently engaged in the business of, soliciting contributions for such purpose, but shall not include a bona fide officer or employee of a charitable organization.

“Professional solicitor” means any person who is employed or retained for compensation by a professional fund raiser to solicit contributions in this town for charitable purposes. [Code 1986 § 13-76-10-601.]

9.48.460 Use of person’s name without consent for soliciting contributions prohibited – Exception.

No charitable organization, professional fund raiser, or professional solicitor, seeking to raise funds for charitable purposes, shall use the name of any other person for the purpose of soliciting contributions without the written consent of the person; provided, that this section shall not apply to religious corporations or organizations, charities, agencies, and organizations operated, supervised or controlled by or in connection with a religious corporation or organization. [Code 1986 § 13-76-10-602.]

9.48.470 Use of name without consent on stationery or as one who contributed to organization prohibited.

It shall be deemed to be a violation of this article to use, without written consent, the name of a person for the purpose of soliciting contributions if the person’s name is listed on any stationery, advertisement, brochure, or correspondence or a charitable organization, or his name is listed or referred to as one who has contributed to, sponsored, or endorsed the charitable organization or its activities. [Code 1986 § 13-76-10-603.]

9.48.480 Violations – Classification of offense.

Any person who violates the provisions of this article is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-604.]

Article VII. Corporation Frauds

9.48.490 Definitions.

As used in this article:

“Bona fide shareholder of record” means a shareholder of record who has acquired shares in good faith and is acting for a proper purpose reasonably related to his interest as a shareholder.

“Director” means any of the persons having by law the direction or management of the affairs of a corporation, by whatever name the persons are described in its charter or known by law. [Code 1986 § 13-76-10-701.]

9.48.500 Fraudulent signing of share subscriptions.

Every person who signs the name of a fictitious person to any subscription for, or agreement to take, shares in any corporation existing or proposed, and every person who signs to any subscription or agreement the name of any person, knowing that the person has no means or does not intend in good faith to comply with all the terms thereof, or under any understanding or agreement that the terms of the subscription or agreement are not to be complied with or enforced, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-702.]

9.48.510 Misrepresenting person as officer, agent, member or promoter.

Every person who, without being authorized so to do, subscribes the name of another to, or inserts the name of another in, any prospectus, circular, or other advertisement or announcement of any corporation or joint stock association, existing or intended to be formed, with intent to permit it to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of such corporation or association, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-704.]

9.48.520 Concurrence by director in dividend or division of capital in violation of law.

Every director or any corporation issuing shares, except savings and loan or building and loan associations who concurs in any vote or act of the directors of the corporation or any of them, by which it is intended either:

A. To make any dividend except as permitted by the Utah Business Corporation Act; or

B. To divide, withdraw, or in any manner pay to the shareholders, or any of them, any part of the stated capital of the corporation except as permitted by the Utah Business Corporation Act is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-705.]

9.48.530 False reports.

Every director, officer, or agent of any corporation or joint stock association who knowingly makes or concurs in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition containing any material statement which is false is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-707.]

9.48.540 Refusing inspection of books.

Every officer or agent of any corporation having or keeping an office, who has in his custody or control the books of such corporation, and who refuses to give a bona fide shareholder of record or member of the corporation, lawfully demanding during office hours, the right to inspect or take a copy of it or of any part thereof, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-708.]

9.48.550 Presumption of director’s knowledge of affairs.

Every director of a corporation or joint stock association is deemed to possess a knowledge of the affairs of his corporation as to enable him to determine whether any act, proceeding, or omission of its directors is a violation of this article. [Code 1986 § 13-76-10-709.]

9.48.560 Presumption of director’s concurrence in action if present at meeting – Written dissent required.

Every director of a corporation or joint stock association who is present at a meeting of the directors at which any act, proceeding, or omission of the directors in violation of this article occurs is deemed to have concurred therein, unless he at the time causes, or in writing requires, his dissent therefrom to be entered in the minutes of the directors or forwards his dissent by registered mail to the meeting. [Code 1986 § 13-76-10-710.]

9.48.570 Foreign corporations subject to ordinances.

It is no defense to a prosecution for any violation of any of the provisions of this article that the corporation was one created by the laws of another state, government, or country if it was one carrying on business or keeping an office therefor within this town. [Code 1986 § 13-76-10-711.]

Article VIII. Nuisances

9.48.580 “Nuisance” defined – Violation – Classification of offense.

A. A “nuisance” is any item, thing, manner, or condition whatsoever that is dangerous to human life or health or renders soil, air, water or food impure or unwholesome.

B. Any person, whether as owner, agent, or occupant, who creates, aids in creating, or contributes to a nuisance, or who supports, continues or retains a nuisance, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-801.]

9.48.590 Befouling waters.

A person is guilty of a class B misdemeanor if he:

A. Constructs or maintains a corral, sheep pen, goat pen, stable, pigpen, chicken coop, or other offensive yard or outhouse where the waste or drainage therefrom shall flow directly into the waters of any stream, well, or spring of water used for domestic purposes; or

B. Deposits, piles, unloads, or leaves any manure heap, offensive rubbish, or the carcass of any dead animal where the waste or drainage therefrom will flow directly into the waters of any stream, well, or spring of water used for domestic purposes; or

C. Dips or washes sheep in any stream, or constructs, maintains, or uses any pool or dipping vat for dipping or washing sheep in such close proximity to any stream located within this town or over which this town may exercise its jurisdiction and used by the inhabitants of this town for domestic purposes as to make the waters thereof impure or unwholesome; or

D. Constructs or maintains any corral, yard, or vat to be used for the purpose of shearing or dipping sheep within 12 miles of the town, where the refuse or filth from the corral or yard would naturally find its way into any stream of water used by the inhabitants of this town for domestic purposes; or

E. Establishes and maintains any corral, camp, or bedding place for the purpose of herding, holding, or keeping any cattle, horses, sheep, goats, or hogs, within seven miles of this town, where the refuse or filth from the corral, camp, or bedding place will naturally find its way into any stream of water used by the inhabitants of this town for domestic purposes. [Code 1986 § 13-76-10-802.]

9.48.600 “Public nuisance” defined.

A. A “public nuisance” is a crime against the public order and economy of this town and consists in unlawfully doing any act or omitting to perform any duty, which act or omission, either:

1. Annoys, injures, or endangers the comfort, repose, health or safety of three or more persons; or

2. Offends public decency; or

3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway; or

4. In any way renders three or more persons insecure in life or the use of property.

B. An act which affects three or more persons in any of the ways specified in this section is still a nuisance regardless of whether the extent of annoyance or damage inflicted on individuals is unequal. [Code 1986 § 13-76-10-803.]

9.48.610 Maintaining, committing or failing to remove public nuisance – Classification of offense.

Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-804.]

9.48.620 Carcass or offal – Prohibitions relating to disposal – Classification of offense.

Every person who puts the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher shop into any river, creek, pond, street, alley, or public highway, or road in common use or who attempts to destroy it by fire within one-fourth of a mile of this town is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-805.]

9.48.630 Not to affect other provisions of town ordinances.

Nothing contained in this town criminal code shall affect any other provisions of this town’s ordinances, rules or regulations which regulate, prohibit or effect nuisances or public nuisances. [Code 1986 § 13-76-10-806.]

9.48.640 Action for abatement of public nuisances.

The town attorney is empowered to institute an action in the name of this town to abate a public nuisance. [Code 1986 § 13-76-10-807.]

Article IX. Trade and Commerce

9.48.650 “Junk dealer” defined.

For the purpose of this article, “junk dealer” means all persons, firms, or corporations engaged in the business of purchasing or selling secondhand or castoff material of any kind, such as old iron, copper, brass, lead, zinc, tin, steel, aluminum, and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and other like materials. [Code 1986 § 13-76-10-901.]

9.48.660 Fraudulent practices to affect market price.

Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-902.]

9.48.670 Junk dealer’s record of sales and purchases.

Every junk dealer shall keep a book in which shall be written, in ink in the English language, at the time of each and every purchase and sale a listing of the weight and metallic description of the sale or purchase, together with the full name and residence of the person or persons selling junk, together with the date and place of the purchase and sale. No entry in the book shall be erased, mutilated, or changed. The book and entries shall at all times be open to inspection by the sheriff of the county or any of his deputies and by any member of the police force of this municipality and any constable or other state, municipal, or county officials in this county, provided this article shall not apply to any sale of less than 20 pounds. [Amended during 2010 recodification; Code 1986 § 13-76-10-907.]

9.48.680 Violation by junk dealer – Classification of offense.

Any junk dealer who shall be found guilty of a violation of any of the provisions of this article shall be guilty of a class B misdemeanor; provided, that this article shall not be construed to in any way affect any tax, license or regulation otherwise imposed on any junk dealer. [Code 1986 § 13-76-10-908.]

9.48.690 Junk dealer to obtain statement from sellers.

At the time of purchase by any junk dealer of any copper wire, pig, or pigs of metal or of any junk, as defined in this article, he shall obtain a signed and dated statement from the person or persons selling it as to when, where, and from whom the property was obtained and also the residence, address, and place of employment of the seller or sellers. The statement shall be retained for five years by the junk dealer and shall be subject to the provisions of MMC 9.48.670 relating to erasure, mutilation, or change and also to inspection. [Code 1986 § 13-76-10-909.]

9.48.700 Falsification of seller’s statement to junk dealer.

Any seller who, in the making of his statement as required by this article in selling, offering, or trying to sell junk, willfully makes a false statement or gives untrue information shall be guilty of a class B misdemeanor. [Code 1986 § 13-76-10-910.]

Article X. Trademarks, Trade
Names and Devices

9.48.710 Definitions.

For the purpose of this article:

“Forged trademark,” “forged trade name,” “forged trade device,” and “counterfeited trademark,” “counterfeited trade name,” “counterfeited trade device,” or their equivalents as used in this article, include every alteration or imitation of any trademark, trade name, or trade device so resembling the original as to be likely to deceive.

“Trademark” or “trade name” or “trade device,” as used in this article, includes every trademark registrable with the Division of Corporations and Commercial Code. [Code 1986 § 13-76-10-1001.]

9.48.720 Forging or counterfeiting trademark, trade name, or trade device.

Every person who willfully forges or counterfeits, or procures to be forged or counterfeited, any trademark, trade name, or trade device, usually affixed by any person, or by any association or union of workingmen, to his or its goods, which has been filed with the Division of Corporations and Commercial Code, with intent to pass off any goods to which the forged or counterfeited trademark, trade name, or trade device is affixed or intended to be affixed, as the goods of the person or association or union of workingmen, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-1002.]

9.48.730 Selling goods under counterfeited trademark, trade name or trade device.

Every person who sells or keeps for sale any goods upon or to which any counterfeited trademark, trade name, or trade device has been affixed, after it has been filed with the Division of Corporations and Commercial Code, intending to represent the goods as the genuine goods of another, knowing it to be counterfeited, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-1003.]

9.48.740 Sales in containers bearing registered trademark of substituted articles.

Every person who has or uses any container or similar article bearing or having in any way connected with it the registered trademark of another for the purpose of disposing, with intent to deceive or defraud, any article or substance other than that which the container or similar article originally contained or was connected with by the owner of such trademark is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-1004.]

9.48.750 Using, destroying, concealing or possessing articles with registered trademark or service mark to deprive owner of use or possession – Exception.

Every person who, without the consent of the owner of an article bearing the owner’s validly registered trademark or service mark, uses, destroys, conceals, or possesses the article or who defaces or otherwise conceals the trademark or service mark upon the article with intent to deprive the owner of the use or possession of that article is guilty of a class B misdemeanor; provided, however, that nothing contained in this article shall be construed to apply to or restrict the transfer or use of wooden boxes or the reuse of burlap or cotton bags or sacks when those bags or sacks have been reversed inside out or the markings thereon have been concealed or obliterated to effectively demonstrate that the products contained therein do not purport to be the products of the owner of the registered trademark or service mark theretofore put upon those bags. [Code 1986 § 13-76-10-1005.]

9.48.760 Selling or dealing with articles bearing registered trademark or service mark with intent to defraud.

Every person who, without the consent of the owner of an article bearing the owner’s validly registered trademark or service mark, knowingly sells or traffics in the articles or who withholds the articles from the owner thereof with intent to defraud the owner thereof, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-1006.]

9.48.770 Use of registered trademark without consent.

Every person who adopts or in any way uses the registered trademark of another, without the consent of the owner thereof, is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-1007.]

Article XI. Gambling

9.48.780 Definitions.

For the purpose of this article:

“Gambling” means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome is based upon an element of chance and is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome, and gambling includes a lottery; gambling does not include:

1. A lawful business transaction; or

2. Playing an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value.

“Gambling bet” means money, checks, credit, or any other representation of value.

“Gambling device or record” means anything specifically designed for use in gambling or used primarily for gambling.

“Gambling proceeds” means anything of value used in gambling.

“Lottery” means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property or portion of it, or for any share or any interest in property upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it may be known. [Code 1986 § 13-76-10-1101.]

9.48.790 Gambling.

A. A person is guilty of gambling if he:

1. Participates in gambling; or

2. Knowingly permits any gambling to be played, conducted, or dealt upon or in any real or personal property owned, rented or under the control of the actor, whether in whole or in part.

B. Gambling is a class B misdemeanor. [Code 1986 § 13-76-10-1102.]

9.48.800 Gambling fraud.

A. A person is guilty of gambling fraud if he participates in gambling and wins or acquires to himself or another any gambling proceeds when he knows he has a lesser risk of losing or greater chance of winning than one or more of the other participants, and the risk is not known to all participants.

B. A person convicted of gambling fraud shall be punished as in the case of theft of property of like value; provided, that the penalty shall not exceed a class B misdemeanor. [Code 1986 § 13-76-10-1103.]

9.48.810 Gambling promotion.

A. A person is guilty of gambling promotion if he derives or intends to derive an economic benefit other than personal winnings from gambling and:

1. He induces or aids another to engage in gambling; or

2. He knowingly invests in, finances, owns, controls, supervises, manages, or participates in any gambling.

B. Gambling promotion is a class B misdemeanor. [Code 1986 § 13-76-10-1104.]

9.48.820 Possessing a gambling device or record.

A. A person is guilty of possessing a gambling device or record if he knowingly possesses it with intent to use it in gambling.

B. Possession of a gambling device or record is a class B misdemeanor. [Code 1986 § 13-76-10-1105.]

9.48.830 Failure of prosecuting attorney or law enforcement officer to prosecute offenses.

Any prosecuting attorney or police officer who has reasonable cause to believe that any person has violated any provision of this article and shall thereafter fail or refuse to diligently prosecute such persons is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-1106.]

9.48.840 Seizure and sale of devices or equipment used for gambling.

A. Whenever the justice of the peace shall determine that any devices or equipment are used or kept for the purpose of being used for gambling, he may notify the town council and/or the town marshal and may authorize the marshal to seize such devices and to hold them for sale at the best price obtainable pending a hearing before the justice of the peace. After the hearing has been properly scheduled and all parties having an interest in the devices have been notified of the hearing, the justice of the peace may order the devices seized and declare them to be the property of this town. The court may then order the devices sold for the best price obtainable. The sale shall be made to a person of good character and repute who is a bona fide resident of the state wherein it is lawful to use such equipment. The officials conducting the sale shall place the equipment on a public carrier, properly cosigned to the purchaser at his place of residence.

B. The proceeds of any sale shall be paid to the town treasury.

C. If no sale is consummated within 90 days after authorization therefor, the devices or equipment shall be destroyed under the direction of the justice of the peace. [Code 1986 § 13-76-10-1107.]

9.48.850 Seizure and disposition of gambling debts or proceeds.

A. At the commencement of any prosecution for a violation of this article any gambling bets or gambling proceeds which are reasonably identifiable as having been used or obtained in violation of this article may be seized and they shall be held pending the disposition of the proceedings. At the conclusion of the proceedings, any person who is found guilty of a violation of this article shall forfeit any sums held by the court which were acquired or being used in violation of this article. Any sums not identifiable, or in the event the individual is found not guilty, the sums shall be returned to him.

B. A commencement of prosecution shall occur upon arrest, or issuance of a complaint, or citation, whichever occurs first.

C. All sums forfeited under this section shall be paid into the treasury of the municipality conducting the prosecution. [Code 1986 § 13-76-10-1108.]

9.48.860 Confidence game – Punishment as for theft – Description in charge.

A. Any person who obtains or attempts to obtain from any other person any money or property by any means, instrument or device commonly called a confidence game shall be punished as in the case of theft of property of like value.

B. In every complaint or citation under this section, it shall be deemed and held a sufficient description of the offense to charge that the accused did, on _______ (insert the date) unlawfully and knowingly obtain or attempt to obtain (as the case may be) from _______ (insert name of the person or persons defrauded or attempted to be defrauded) his money or property (as the case may be) by means and by use of a confidence game. [Code 1986 § 13-76-10-1109.]

Article XII. Pornographic and Harmful Materials and Performances

9.48.870 Definitions.

For the purpose of this article:

“Contemporary community standards” means those current standards in the vicinage where an offense alleged under this act has occurred, is occurring, or will occur.

“Distribute” means to transfer possession of materials whether with or without consideration.

“Exhibit” means to show.

“Harmful to minors” means that quality of any description or representation, in whatsoever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it:

1. Taken as a whole, appeals to the prurient interest in sex of minors;

2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

3. Taken as a whole, does not have serious value for minors. Serious value includes only serious literary, artistic, political or scientific value for minors.

“Knowingly” means an awareness, whether actual or constructive, of the character of material or of a performance. A person has constructive knowledge if a reasonable inspection or observation under the circumstances would have disclosed the nature of the subject matter and if a failure to inspect or observe is for the purpose of avoiding the disclosure or is criminally negligent.

“Material” means anything printed or written or any picture, drawing, photograph, motion picture, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical or electrical reproduction, or anything which is or may be used as a means of communication. “Material” includes undeveloped photographs, molds, printing plates, and other latent representational objects.

“Minor” means any person less than 18 years of age.

“Nudity” means the showing of the human male or female genitals, pubic area, or buttocks, with less than a full, opaque covering, or the showing of a female breast with less than a full, opaque covering, or any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

“Performance” means any physical human bodily activity, whether engaged in alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or pantomiming.

“Public place” includes a place to which admission is gained by payment of a membership or admission fee, however designated, notwithstanding its being designated a private club or by words of like import.

“Sadomasochistic abuse” means flagellation or torture by or upon a person clad in undergarments, a mask, or in a revealing or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

“Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent or actual sexual stimulation or gratification.

“Sexual excitement” means a condition of human male or female genitals when in a state of sexual stimulation or arousal, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. [Code 1986 § 13-76-10-1201.]

9.48.880 Material harmful to minors – No expert witness required.

A. In any prosecution dealing with an offense relating to harmful material to minors, the question whether the predominant appeal of the material is to the prurient interest shall be determined with reference to average minors.

B. Neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the harmful character of the material or performance which is the subject of a prosecution. [Code 1986 § 13-76-10-1202.]

9.48.890 Pornographic material or performance – Determination of predominant appeal to prurient interest – Expert testimony not required.

A. Any material or performance is pornographic if:

1. The average person, applying contemporary community standards, finds that, taken as a whole, it appeals to prurient interest in sex;

2. It is patently offensive in the description or depiction of nudity, sexual contact, sexual excitement, sadomasochistic abuse, or excretion; and

3. Taken as a whole it does not have serious literary, artistic, political or scientific value.

B. In prosecutions under this article, where circumstances of production, presentation, sale, dissemination, distribution, exhibition, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, this evidence is probative with respect to the nature of the matter and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political, or scientific value.

C. Neither the prosecution nor the defense shall be required to introduce expert witness testimony as to whether the material or performance is or is not harmful to adults or minors or is not pornographic, or as to any element of the definition of pornographic, including contemporary community standards. [Code 1986 § 13-76-10-1203.]

9.48.900 Distributing pornographic material.

A. A person is guilty of distributing pornographic material when he knowingly:

1. Sends or brings any pornographic material into this municipality with intent to distribute or exhibit it to others; or

2. Prepares, publishes, prints, or possesses any pornographic material with intent to distribute or exhibit it to others; or

3. Distributes or offers to distribute, exhibits or offers to exhibit, any pornographic material to others; or

4. Writes, creates, or solicits the publication or advertising of pornographic material; or

5. Promotes the distribution or exhibition of material which he represents to be pornographic; or

6. Presents or directs a pornographic performance in any public place or any place exposed to public view or participates in that portion thereof which makes it pornographic.

Each distributing of pornographic material as defined in this subsection (A) is a separate offense under this section. A separate offense shall be regarded as having been committed for each day’s exhibition of any pornographic motion picture film and for each day in which any pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit it to others.

B. Each separate offense under this section is a class B misdemeanor punishable by a minimum mandatory fine of not less than $100.00 plus $10.00 for each article exhibited up to a maximum of $299.00 and by incarceration, without suspension of sentence in any way, for a term of not less than seven days. [Code 1986 § 13-76-10-1204.]

9.48.910 Inducing acceptance of pornographic material.

A. A person is guilty of inducing acceptance of pornographic material when he knowingly:

1. Requires or demands as a condition to a sale, allocation, consignment, or delivery for resale of any newspaper, magazine, periodical, book, publication, or other merchandise that the purchaser or consignee receive any pornographic material or material reasonably believed by the purchaser or consignee to be pornographic material or material reasonably believed by the purchaser or consignee to be pornographic.

B. A violation of this section is a class B misdemeanor punishable by a fine of not less than $100.00 and by incarceration, without suspension of sentence in any way, for a term of not less than 14 days. [Code 1986 § 13-76-10-1205.]

9.48.920 Dealing in harmful material to a minor.

A. A person is guilty of dealing in harmful material when, knowing that a person is a minor, or having failed to exercise reasonable care in ascertaining the proper age of a minor, he:

1. Knowingly distributes or offers to distribute, exhibits or offers to exhibit, any harmful material to a minor; or

2. Produces, presents, or directs any performance before a minor, harmful to minors, or participates in any performance before a minor, harmful to minors; or

3. Falsely pretends to be the parent or legal guardian of a minor and thereby causes the minor to be admitted to an exhibition of any harmful material.

B. This section does not prohibit any parent or legal guardian from distributing any harmful material to his minor child or ward or for permitting his minor child or ward to attend an exhibition of any harmful material if the minor child or ward is accompanied by him. This section does not prohibit a person from exhibiting any harmful material to a minor child who is accompanied by his parent or legal guardian or by any person whom he reasonably believes to be the parent or legal guardian of that child.

C. Each separate offense under this section is a class B misdemeanor punishable by a minimum mandatory fine of not less than $100.00 plus $10.00 for each article exhibited up to a maximum of $299.00 and by incarceration, without suspension of sentence in any way, for a term of not less than 14 days. [Code 1986 § 13-76-10-1206.]

9.48.930 Allowing property or land to be used for lewdness or obscenity.

It shall be unlawful for a landlord or landowner to willfully or knowingly allow his property or land to be used for the commercial exploitation of lewdness or obscenity.

A. If a tenant or occupant of real property uses this property for an activity for which he or his employee is convicted under any provision of this article, the conviction makes void the lease or other title under which he holds at the option of the fee owner or any intermediate lessor; and 10 days after the fee owner or any intermediate lessor gives notice in writing to the tenant or occupant that he is exercising the option, the right of possession to the property reverts to the person exercising the option. This option does not arise until all avenues of direct appeal from the conviction have been exhausted or abandoned by the tenant or occupants, or his employee.

B. It shall be unlawful for a fee owner or intermediate lessor of real property to knowingly allow this property to be used for the purpose of distributing or exhibiting pornographic materials, or for pornographic performances, by a tenant or occupant if the tenant or occupant, or his employee, has been convicted under any provision of this article of an offense occurring on the same property and all avenues of direct appeal from the conviction have been exhausted or abandoned.

1. “Allow” under this subsection (B) means a failure to exercise the option arising under subsection (A) of this section within 10 days after the fee owner or lessor receives notice in writing from the county attorney of the county where the property is situated that the property is being used for a purpose prohibited by this subsection (B).

2. A willful violation of this subsection (B) is a class A misdemeanor and any fine assessed, if not paid within 30 days after judgment, shall become a lien upon the property.

C. Any tenant or occupant who receives a notice in writing that the fee owner or intermediate lessor is exercising the option provided by subsection (A) of this section and who does not quit the premises within 10 days after the giving of that notice is guilty of a class A misdemeanor. [Code 1986 § 13-76-10-1207.]

9.48.940 Affirmative defenses.

The following shall be affirmative defenses to prosecution under this article:

A. It is an affirmative defense to prosecution under this article that the distribution of pornographic material was restricted to institutions or persons having scientific, educational, governmental, or other similar justification for possessing pornographic material.

B. It is not a defense to prosecution under this article that the actor was a motion picture projectionist, usher, ticket-taker, bookstore employee, or otherwise was required to violate any provision of this article incident to his employment. [Code 1986 § 13-76-10-1208.]

9.48.950 Indecent public displays – Definitions.

For purposes of this article:

“Description or depictions of illicit sex or sexual immorality” means:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse, or sodomy; or

3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.

“Nude or partially denuded figures” means:

1. Less than completely covered:

a. Human genitals;

b. Pubic regions;

c. Buttock; and

d. Female breasts below a point immediately above the top of the areola; and

e. Human male genitals in a discernibly turgid state, even if completely covered. [Code 1986 § 13-76-10-1227.]

9.48.960 Indecent public displays – Prohibitions – Penalty.

Every person who shall willfully or knowingly engage in the business of selling, lending, giving away, showing, advertising for sale or distributing to any person under the age of 18 or has in his possession with intent to engage in the business or to otherwise offer for sale or commercial distribution to any individual under the age of 18 or who shall publicly display at news stands or any other establishment frequented by minors under the age of 18 or where the minors are or may be invited as a part of the general public, any motion picture, or any live, taped, or recorded performance, or any still picture or photograph or any book, pocket book, pamphlet or magazine the cover or content of which exploits, is devoted to, or is principally made up of indecent descriptions or depictions of illicit sex or sexual immorality or which consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or to exploit lust or perversion for commercial gain is guilty of a class B misdemeanor punishable by a minimum mandatory fine of not less than $299.00 and by incarceration, without suspension of sentence in any way for a term of not less than 30 days. [Amended during 2010 recodification; Code 1986 § 13-76-10-1228.]

9.48.970 Distribution of pornographic material through cable television prohibited – Definitions – Prosecution of violations.

A. No person including a franchisee shall knowingly distribute by wire or cable any pornographic or indecent materials to its subscribers.

B. For purposes of this section “material” means any visual display shown on a cable television whether or not accompanied by sound, or any sound recording played on a cable television system.

C. For purposes of this section “pornographic materials” is any material defined as pornographic in MMC 9.48.870 and 9.48.890.

D. For purposes of this section “indecent material” means any material described in MMC 9.48.950.

E. For purposes of this section “distribute” means to send, transmit, retransmit, or otherwise pass through a cable television system.

F. Any person who violates this section is guilty of a class B misdemeanor. [Code 1986 § 13-76-10-1229.]

Article XIII. Prostitution

9.48.980 Definitions.

For the purposes of this article:

“House of prostitution” means a place where prostitution or promotion of prostitution is regularly carried on by one or more persons under the control, management, or supervision of another.

“Inmate” means a person who engages in prostitution in or through the agency of a house of prostitution.

“Public place” means any place to which the public or any substantial group thereof has access.

“Sexual activity” means intercourse or any sexual act involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant. [Code 1986 § 13-76-10-1301.]

9.48.990 Prostitution.

A. A person is guilty of prostitution when:

1. He engages or offers or agrees to engage in any sexual activity with another person for a fee; or

2. Is an inmate of a house of prostitution; or

3. Loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

B. Prostitution is a class B misdemeanor. [Code 1986 § 13-76-10-1302.]

9.48.1000 Patronizing a prostitute.

A. A person is guilty of patronizing a prostitute when:

1. He pays or offers or agrees to pay another person a fee for the purpose of engaging in an act of sexual activity; or

2. He enters or remains in a house of prostitution for the purpose of engaging in sexual activity.

B. Patronizing a prostitute is a class C misdemeanor. [Code 1986 § 13-76-10-1303.]

9.48.1010 Exploiting prostitution.

A. A person is guilty of exploiting prostitution if he:

1. Procures an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate; or

2. Encourages, induces or otherwise purposely causes another to become or remain a prostitute; or

3. Transports a person into or within this town with a purpose to promote that person’s engaging in prostitution or procuring or paying for transportation with that purpose; or

4. Not being a child or legal dependent of a prostitute, shares the proceeds of prostitution with a prostitute pursuant to their understanding that he is to share therein; or

5. Owns, controls, manages, supervises, or otherwise keeps alone or in association with another a house of prostitution or a prostitute business.

B. Exploiting prostitution is a class B misdemeanor. [Code 1986 § 13-76-10-1305.]

9.48.1020 Perversion.

It shall be a class B misdemeanor for any person to:

A. Commit or offer or agree to commit a lewd act or an act of moral perversion.

B. Secure or offer another for the purpose of committing a lewd act or an act of moral perversion.

C. Be in or near any place frequented by the public, or any public place, for the purpose of inducing, enticing, or procuring another to commit a lewd act or an act of prostitution or moral perversion.

D. Make a meretricious display in or near any public place, any place frequented by the public, or any place open to the public view.

E. Knowingly transport any person to any place for the purpose of committing a lewd act or an act of moral perversion.

F. Knowingly receive, or offer to agree to receive, any person into any place or building for the purpose of performing a lewd act, or an act of moral perversion, or to knowingly permit any person to remain in any place or building for any such purpose.

G. Direct or offer to direct any person to any place or building for the purpose of committing any lewd act or act of prostitution or moral perversion.

H. Aid, abet, allow, permit, or participate in the commission of any of the acts prohibited in subsections (A) through (G) of this section. [Code 1986 § 13-76-10-1307.]

Article XIV. Bus Passenger Safety

9.48.1030 Definitions.

As used in this article:

“Bus” means any passenger bus or coach or any other motor vehicle having a seating capacity of 15 or more passengers operated by a bus company for the purpose of carrying passengers or cargo for hire.

“Bus company” or “company” means any person, group of persons or corporation providing for-hire transportation to passengers or cargo by bus on highways or streets in this town, including passengers and cargo interstate or intrastate travel. The term also includes local public bodies, public transit districts, municipalities, public corporations, boards and commissions established under the laws of this state providing transportation to passengers or cargo by bus on highways or streets in this town, whether or not for hire.

“Charter” means a group of persons pursuant to a common purpose and under a single contract, and at a fixed charge in accordance with a bus company’s tariff, which has acquired the exclusive use of a bus to travel together to a specified destination, or destinations.

“Passenger” means any person transported or served by a bus company, including persons accompanying or meeting another being transported, any person shipping or receiving cargo and any person purchasing a ticket or receiving a pass.

“Terminal” means a bus station or depot or any other facility operated or leased by or operated on behalf of a bus company. This term includes a reasonable area immediately adjacent to any designated stop along the route traveled by any bus operated by a bus company in parking lots or areas adjacent to terminals. [Code 1986 § 13-76-10-1503.]

9.48.1040 Threatening breach of peace – Disorderly conduct – Foul language – Refusing request – Use of controlled substance, liquor or tobacco – Ejection of passenger.

A person is guilty of a class C misdemeanor if the person:

A. Threatens a breach of the peace, is disorderly, or uses obscene, profane, or vulgar language on a bus; or

B. Is in or upon any bus while unlawfully under the influence of a controlled substance as defined in Section 58-37-2, Utah Code Annotated 1953; or

C. Fails to obey a reasonable request or order of a bus driver, bus company representative or other person in charge or control of a bus or terminal; or

D. Ingests any controlled substance, unless prescribed by a physician or medical facility, in or upon any bus, or drinks intoxicating liquor in or upon any bus, except a chartered bus; or

E. Smokes tobacco or other products in or upon any bus, except a chartered bus. [Amended during 2010 recodification; Code 1986 § 13-76-10-1506.]

9.48.1050 Theft of baggage or cargo.

Any person who removes any baggage, cargo or other item transported upon a bus or stored in a terminal without consent of the owner of the property or the bus company, or its duly authorized representative, is guilty of theft and shall be punished pursuant to MMC 9.36.190. [Code 1986 § 13-76-10-1508.]

9.48.1060 Obstructing operation of bus.

Any person who unlawfully obstructs or impedes by force or violence, or any means of intimidation, the regular operation of a bus is guilty of a class C misdemeanor. [Code 1986 § 13-76-10-1509.]

9.48.1070 Obstructing operation of bus – Conspiracy.

Two or more persons who willfully or maliciously combine or conspire to violate MMC 9.48.1060 shall be guilty of a class C misdemeanor. [Code 1986 § 13-76-10-1510.]

Article XV. Communications Fraud

9.48.1080 Communications fraud.

A. Any person who has devised any scheme or artifice to defraud another or to obtain from another money, property, or anything of value by means of false or fraudulent pretenses, representations, promises, or material omissions, and who communicates directly or indirectly with any person by any means for the purpose of executing or concealing the scheme or artifice is guilty of a class B misdemeanor when the value of the property, money, or thing obtained or sought to be obtained is $100.00 or less.

B. The determination of the degree of any offense under subsection (A) of this section shall be measured by the total value of all property, money, or things obtained or sought to be obtained by the scheme or artifice described in subsection (A) of this section.

C. Reliance on the part of any person is not a necessary element of the offense described in subsection (A) of this section.

D. An intent on the part of the perpetrator of any offense described in subsection (A) of this section to permanently deprive any person of property, money, or thing of value is not a necessary element of the offense.

E. Each separate communication made for the purpose of executing or concealing a scheme or artifice described in subsection (A) of this section is a separate act and offense of communication fraud.

F. To communicate as described in subsection (A) of this section means to bestow, convey, make known, recount, impart; to give by way of information; to talk over; or to transmit information. Means of communication include, but are not limited to, use of the mail, telephone, telegraph, radio, television, newspaper, computer, and spoken and written communication.

G. It is an affirmative defense to prosecution under this section that the pretenses, representations, promises, or material omissions made or omitted by the defendant were not made or omitted knowingly or with a reckless disregard for the truth. [Code 1986 § 13-76-10-1801.]