Terms Used In Utah Code > Title 10 > Chapter 7 > Part 11 - Actions for Violations of Ordinances

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
• Authority jurisdictional land: means land within the authority boundary delineated:
       (2)(a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
• Base taxable value: means :
       (3)(a)

            (3)(a)(i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year 2018; and

            (3)(a)(ii) for an area described in Section Utah Code 11-58-102
• Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
• Board: means the same as that term is defined in Section 63A-3-106. See Utah Code 11-55-102
• Business plan: means a plan designed to facilitate, encourage, and bring about development of the authority jurisdictional land to achieve the goals and objectives described in Subsection 11-58-203(1), including the development and establishment of an inland port. See Utah Code 11-58-102
• City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contaminated land: means land:
       (6)(a) within a project area; and
       (6)(b) that contains hazardous materials, as defined in Section 19-6-302, hazardous substances, as defined in Section 19-6-302, or landfill material on, in, or under the land. See Utah Code 11-58-102
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Development: means :
       (7)(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
       (7)(b) the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102
• Development project: means a project for the development of land within a project area. See Utah Code 11-58-102
• Employee: means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a political subdivision. See Utah Code 11-57-102
• Enclosed mobile business: means a business that maintains ongoing mobility and of which the receipt of goods or services offered and point of sales occurs within an enclosed vehicle, an enclosed trailer, or an enclosed mobile structure. See Utah Code 11-56-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Event permit: means a permit that a political subdivision issues to the organizer of a mobile business event located on public property. See Utah Code 11-56-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Food cart: means a cart:
            (3)(a)(i) that is not motorized; and
            (3)(a)(ii) that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption. See Utah Code 11-56-102
• Food truck: means a fully encased food service establishment:
            (4)(a)(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
            (4)(a)(ii) from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption. See Utah Code 11-56-102
• Health department permit: means a document that a local health department issues to authorize a mobile business to operate within the jurisdiction of the local health department. See Utah Code 11-56-102
• Ice cream truck: means a fully encased food service establishment:
            (6)(a)(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport;
            (6)(a)(ii) from which a vendor, from within the frame of the vehicle, serves ice cream;
            (6)(a)(iii) that attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and
            (6)(a)(iv) that may stop to serve ice cream at the signal of a patron. See Utah Code 11-56-102
• Inland port: means one or more sites that:
       (10)(a) contain multimodal facilities, intermodal facilities, or other facilities that:

            (10)(a)(i) are related but may be separately owned and managed; and

            (10)(a)(ii) together are intended to:

                 (10)(a)(ii)(A) allow global trade to be processed and altered by value-added services as goods move through the supply chain;

                 (10)(a)(ii)(B) provide a regional merging point for transportation modes for the distribution of goods to and from ports and other locations in other regions;

                 (10)(a)(ii)(C) provide cargo-handling services to allow freight consolidation and distribution, temporary storage, customs clearance, and connection between transport modes; and

                 (10)(a)(ii)(D) provide international logistics and distribution services, including freight forwarding, customs brokerage, integrated logistics, and information systems; and
       (10)(b) may include a satellite customs clearance terminal, an intermodal facility, a customs pre-clearance for international trade, or other facilities that facilitate, encourage, and enhance regional, national, and international trade. See Utah Code 11-58-102
• Inland port use: means a use of land:
       (11)(a) for an inland port;
       (11)(b) that directly implements or furthers the purposes of an inland port, as stated in Subsection (10);
       (11)(c) that complements or supports the purposes of an inland port, as stated in Subsection (10); or
       (11)(d) that depends upon the presence of the inland port for the viability of the use. See Utah Code 11-58-102
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Intermodal facility: means a facility for transferring containerized cargo between rail, truck, air, or other transportation modes. See Utah Code 11-58-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Landfill material: means garbage, waste, debris, or other materials disposed of or placed in a landfill. See Utah Code 11-58-102
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 11-56-102
• Mobile business: means an enclosed mobile business, a food cart, a food truck, or an ice cream truck. See Utah Code 11-56-102
• Mobile business event: means an event at which a mobile business has been invited by the event organizer to offer the mobile business's goods or services at a private or public gathering. See Utah Code 11-56-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 11-57-102
• Operator: means a person, including a vendor, who owns, manages, controls, or operates a mobile business. See Utah Code 11-56-102
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personal use expenditure: means an expenditure made without the authority of law that:
            (3)(a)(i) is not directly related to the performance of an activity as an officer or employee of a political subdivision;
            (3)(a)(ii) primarily furthers a personal interest of an officer or employee of a political subdivision or the family, a friend, or an associate of an officer or employee of a political subdivision; and
            (3)(a)(iii) would constitute taxable income under federal law. See Utah Code 11-57-102
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 11-57-102
• Political subdivision: means :
       (11)(a) a city or town; or
       (11)(b) a county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. See Utah Code 11-56-102
• Political subdivision: means a county, municipality, school district, limited purpose local government entity described in Title 17B, Limited Purpose Local Government Entities - Special Districts, Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental subdivision or public corporation. See Utah Code 11-55-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Project area: means :
       (16)(a) the authority jurisdictional land, subject to Section 11-58-605; or
       (16)(b) land outside the authority jurisdictional land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-58-102
• Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-58-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Property tax: includes a privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-58-102
• Public entity: means :
       (21)(a) the state, including each department, division, or other agency of the state; or
       (21)(b) a county, city, town, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. See Utah Code 11-58-102
• Public funds: means the same as that term is defined in Section 51-7-3. See Utah Code 11-57-102
• Public infrastructure and improvements: includes :
            (22)(b)(i) facilities, lines, or systems that provide:

                 (22)(b)(i)(A) water, chilled water, or steam; or

                 (22)(b)(i)(B) sewer, storm drainage, natural gas, electricity, energy storage, clean energy, microgrids, or telecommunications service;
            (22)(b)(ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation facilities;
            (22)(b)(iii) an inland port; and
            (22)(b)(iv) infrastructure, improvements, facilities, or buildings that are developed as part of a remediation project. See Utah Code 11-58-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remediation: includes :
       (23)(a) activities for the cleanup, rehabilitation, and development of contaminated land; and
       (23)(b) acquiring an interest in land within a remediation project area. See Utah Code 11-58-102
• Remediation project: means a project for the remediation of contaminated land that:
       (25)(a) is owned by:

            (25)(a)(i) the state or a department, division, or other instrumentality of the state;

            (25)(a)(ii) an independent entity, as defined in Section 63E-1-102; or

            (25)(a)(iii) a political subdivision of the state; and
       (25)(b) became contaminated land before the owner described in Subsection (24)(a) obtained ownership of the land. See Utah Code 11-58-102
• Remediation project area: means a project area consisting of contaminated land that is or is expected to become the subject of a remediation project. See Utah Code 11-58-102
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 11-58-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Summons: Another word for subpoena used by the criminal justice system.
• Taxable value: means the value of property as shown on the last equalized assessment roll. See Utah Code 11-58-102
• Temporary mass gathering: means :
            (12)(a)(i) an actual or reasonably anticipated assembly of 500 or more people that continues, or reasonably can be expected to continue, for two or more hours per day; or
            (12)(a)(ii) an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks. See Utah Code 11-56-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
• Utah Code: means 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:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5