Utah Code 10-8-85.4. Ordinances regarding short-term rentals — Prohibition on ordinances restricting speech on short-term rental websites
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
Terms Used In Utah Code 10-8-85.4
- Municipality: means :(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section
10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(1)(a) “Internal accessory dwelling unit” means the same as that term is defined in Section 10-9a-511.5.(1)(b) “Residential unit” means a residential structure or any portion of a residential structure that is occupied as a residence.(1)(c) “Short-term rental” means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.(1)(d) “Short-term rental website” means a website that:(1)(d)(i) allows a person to offer a short-term rental to one or more prospective renters; and(1)(d)(ii) facilitates the renting of, and payment for, a short-term rental.
(2) Notwithstanding Section 10-9a-501 or Subsection 10-9a-503(1), a legislative body may not:
(2)(a) enact or enforce an ordinance that prohibits an individual from listing or offering a short-term rental on a short-term rental website; or
(2)(b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website.
(3) Subsection (2) does not apply to an individual who lists or offers an internal accessory dwelling unit as a short-term rental on a short-term rental website if the municipality records a notice for the internal accessory dwelling unit under Subsection 10-9a-530(6).