Utah Code > Title 17D > Chapter 3 – Conservation District Act

		Sections
Part 1	General Provisions	17D-3-101 – 17D-3-107
Part 2	Creation, Consolidation, Division, and Dissolution of Conservation Districts	17D-3-201 – 17D-3-204
Part 3	Conservation District Board of Supervisors	17D-3-301 – 17D-3-311

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Terms Used In Utah Code > Title 17D > Chapter 3 - Conservation District Act

Abuse: means :
          (1)(a)(i)
               (1)(a)(i)(A) nonaccidental harm of a child;
               (1)(a)(i)(B) threatened harm of a child;
               (1)(a)(i)(C) sexual exploitation;
               (1)(a)(i)(D) sexual abuse; or
               (1)(a)(i)(E) human trafficking of a child in violation of Section Utah Code 80-1-102
Active criminal investigation: means an officer has documented reasonable suspicion that a crime is being or has been committed, and believes the suspected criminal activity may be connected to a vehicle, a registered owner of a vehicle, or an occupant of a vehicle. See Utah Code 41-6a-2002 v2
Adjudication: means , except as provided in Subsection (3)(b):
          (3)(a)(i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:
               (3)(a)(i)(A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved;
               (3)(a)(i)(B) an admission by a minor in the juvenile court as described in Section 80-6-306; or
               (3)(a)(i)(C) a plea of no contest by minor in the juvenile court; or
          (3)(a)(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. See Utah Code 80-1-102
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
Alimony: means the same as that term is defined in Section 81-4-101. See Utah Code 81-7-101
Allegation: something that someone says happened.
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.
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
Authorized emergency vehicle: includes :
     (3)(a) a fire department vehicle;
     (3)(b) a police vehicle;
     (3)(c) an ambulance; and
     (3)(d) other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
Autocycle: means the same as that term is defined in Section 53-3-102. See Utah Code 41-6a-102
Automatic license plate reader system: means a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert an image of a license plate into computer-readable data. See Utah Code 41-6a-2002
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102
Building: means a structure used or intended for supporting or sheltering any use or occupancy and any improvements attached to it. See Utah Code 15A-1-202
Bus: means a motor vehicle:
(6)(a)(i) designed for carrying more than 15 passengers and used for the transportation of persons; or
(6)(a)(ii) designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102
Captured plate data: means the global positioning system coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automatic license plate reader system. See Utah Code 41-6a-2002
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
Child: means , except as provided in Section 81-6-101, a biological or adopted child of any age. See Utah Code 81-1-101
Child restraint device: means a child restraint device that meets standards adopted under Section 41-6a-1601. See Utah Code 41-6a-1802
Child support: means the same as that term is defined in Section 81-6-101. See Utah Code 81-7-101
Child support services: means the same as that term is defined in Section 26B-9-101. See Utah Code 81-7-101
Chronic abuse: means repeated or patterned abuse. See Utah Code 80-1-102
Chronic neglect: means repeated or patterned neglect. See Utah Code 80-1-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Code: means :
(5)(a) the State Construction Code; or
(5)(b) an approved code. See Utah Code 15A-1-202
Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 17D-3-102
Commissioner: means the commissioner of the department. See Utah Code 17D-3-102
committed: means , unless specified otherwise:
(15)(a) with respect to a child, to transfer legal custody; and
(15)(b) with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102
Community-based program: means a nonsecure residential or nonresidential program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least restrictive setting, consistent with public safety, and operated by or under contract with the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102
Conservation district: means a limited purpose local government entity, as described in Section 17D-3-103, that operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-3-102
Construction documents: means the same as that term is defined by Modular Building Institute Standards 1200. See Utah Code 15A-1-302
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Controlled-access highway: means a highway, street, or roadway:
(12)(a) designed primarily for through traffic; and
(12)(b) to or from which owners or occupants of abutting lands and other persons have no legal right of access, except at points as determined by the highway authority having jurisdiction over the highway, street, or roadway. See Utah Code 41-6a-102
Conviction: A judgement of guilt against a criminal defendant.
Correctional facility: means :
(18)(a) a county jail; or
(18)(b) a secure correctional facility as defined in Section 64-13-1. See Utah Code 80-1-102
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Court: means :
(2)(a) a judge; or
(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section 78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101
Crosswalk: means :
     (13)(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:
          (13)(a)(i)
               (13)(a)(i)(A) the curbs; or
               (13)(a)(i)(B) in the absence of curbs, from the edges of the traversable roadway; and
          (13)(a)(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or
     (13)(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decal: means a form of certification, created by the Division of Facilities Construction and Management and issued by a third party inspection agency, to be permanently attached to a module, panelized system, or modular building unit indicating that the module, panelized system, or modular building unit has been constructed to meet or exceed applicable building code requirements. See Utah Code 15A-1-302
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
Department: means the Department of Agriculture and Food, created in Section 4-2-102. See Utah Code 17D-3-102
Department: means the Department of Public Safety. See Utah Code 41-6a-102
Department: means the Department of Public Safety. See Utah Code 41-12a-103
dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
Dependent: A person dependent for support upon another.
Detention: means home detention or secure detention. See Utah Code 80-1-102
Developmental immaturity: means incomplete development in one or more domains that manifests as a functional limitation in the minor's present ability to:
(26)(a) consult with counsel with a reasonable degree of rational understanding; and
(26)(b) have a rational as well as factual understanding of the proceedings. See Utah Code 80-1-102
Devise: To gift property by will.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition. See Utah Code 80-1-102
Divided highway: means a highway divided into two or more roadways by:
     (16)(a) an unpaved intervening space;
     (16)(b) a physical barrier; or
     (16)(c) a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102
Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
(2)(a) Part 4, State Fire Code Administration Act; and
(2)(b) Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
Educational neglect: means that, after receiving a notice of compulsory education violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education. See Utah Code 80-1-102
Emancipated: means the same as that term is defined in Section 80-7-102. See Utah Code 80-1-102
emancipated: means a legal status created by court order that allows a minor to:
(1)(a) live independent of the minor's parents or guardian; and
(1)(b) exercise the same rights as an adult under Subsection 80-7-105(1). See Utah Code 80-7-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
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.
Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 80-1-102
Explosives: means a chemical compound or mechanical mixture commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in proportions, quantities, or packing so that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of causing death or serious bodily injury. See Utah Code 41-6a-102
Factory built housing: means a manufactured home or mobile home. See Utah Code 15A-1-302
Farm tractor: means a motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 41-6a-102
Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Flammable liquid: means a liquid that has a flashpoint of 100 degrees F. See Utah Code 41-6a-102
Formal probation: means a minor is:
(33)(a) supervised in the community by, and reports to, a juvenile probation officer or an agency designated by the juvenile court; and
(33)(b) subject to return to the juvenile court in accordance with Section 80-6-607. See Utah Code 80-1-102
Golf cart: means a device that:
          (24)(a)(i) is designed for transportation by players on a golf course;
          (24)(a)(ii) has not less than three wheels in contact with the ground;
          (24)(a)(iii) has an unladen weight of less than 1,800 pounds;
          (24)(a)(iv) is designed to operate at low speeds; and
          (24)(a)(v) is designed to carry not more than six persons including the driver. See Utah Code 41-6a-102
Governmental entity: includes :
(3)(b)(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity listed in Subsections (3)(a)(i) through (xviii) that is funded or established by the government to carry out the public's business; or
(3)(b)(ii) a person acting as an agent of a governmental entity or acting on behalf of a governmental entity. See Utah Code 41-6a-2002
Gross weight: means the weight of a vehicle without a load plus the weight of any load on the vehicle. See Utah Code 41-6a-102
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
     (35)(a) marriage;
     (35)(b) enlistment in the armed forces;
     (35)(c) major medical, surgical, or psychiatric treatment; or
     (35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102
Harm: means :
     (37)(a) physical or developmental injury or damage;
     (37)(b) emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning;
     (37)(c) sexual abuse; or
     (37)(d) sexual exploitation. See Utah Code 80-1-102
Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
HUD Code: means the National Manufactured Housing Construction and Safety Standards Act, Utah Code 15A-1-302
Incest: includes :
          (39)(b)(i) blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized;
          (39)(b)(ii) relationships of parent and child by adoption; and
          (39)(b)(iii) relationships of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists. See Utah Code 80-1-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Intake probation: means a minor is:
(45)(a)(i) monitored by a juvenile probation officer; and
(45)(a)(ii) subject to return to the juvenile court in accordance with Section 80-6-607. See Utah Code 80-1-102
Intellectual disability: means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102
Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
Judgment: means any judgment that is final by:
     (2)(a) expiration without appeal of the time within which an appeal might have been perfected; or
     (2)(b) final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages:
          (2)(b)(i) arising out of the ownership, maintenance, or use of any motor vehicle, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or
          (2)(b)(ii) on a settlement agreement. See Utah Code 41-12a-103
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.
Juvenile offender: means :
(47)(a) a serious youth offender; or
(47)(b) a youth offender. See Utah Code 80-1-102
Juvenile probation officer: means a probation officer appointed under Section 78A-6-205. See Utah Code 80-1-102
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
Lane filtering: means , when operating a motorcycle other than an autocycle, the act of overtaking and passing another vehicle that is stopped in the same direction of travel in the same lane. See Utah Code 41-6a-102
Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legal custody: means a relationship embodying:
     (50)(a) the right to physical custody of the minor;
     (50)(b) the right and duty to protect, train, and discipline the minor;
     (50)(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care;
     (50)(d) the right to determine where and with whom the minor shall live; and
     (50)(e) the right, in an emergency, to authorize surgery or other extraordinary care. See Utah Code 80-1-102
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensing Information System: means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002. See Utah Code 80-1-102
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local regulator: means the same as that term is defined in Section 15A-1-202. See Utah Code 15A-1-302
Low-speed vehicle: means a four wheeled electric motor vehicle that:
(36)(a)(i) is designed to be operated at speeds of not more than 25 miles per hour; and
(36)(a)(ii) has a capacity of not more than six passengers, including a conventional driver or fallback-ready user if on board the vehicle, as those terms are defined in Section Utah Code 41-6a-102
Management Information System: means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. See Utah Code 80-1-102
Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, that:
(8)(a) in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet; and
(8)(b) is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 15A-1-302
Mental illness: means :
     (53)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
     (53)(b) the same as that term is defined in:
          (53)(b)(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or
          (53)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 80-1-102
Metal tire: means a tire, the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material. See Utah Code 41-6a-102
Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
     (54)(a) a child; or
     (54)(b) an individual:
          (54)(b)(i)
               (54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and
               (54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;
          (54)(b)(ii)
               (54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and
               (54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or
          (54)(b)(iii)
               (54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and
               (54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102
Minor: means an individual who is 16 years old or older. See Utah Code 80-7-102
Mobile crisis outreach team: means the same as that term is defined in Section 26B-5-101. See Utah Code 80-1-102
Mobile home: means :
     (39)(a) a trailer or semitrailer that is:
          (39)(a)(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping place either permanently or temporarily; and
          (39)(a)(ii) equipped for use as a conveyance on streets and highways; or
     (39)(b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a mobile home, as defined in Subsection (39)(a), but that is instead used permanently or temporarily for:
          (39)(b)(i) the advertising, sale, display, or promotion of merchandise or services; or
          (39)(b)(ii) any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. See Utah Code 41-6a-102
Mobile home: means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code which existed prior to the HUD Code. See Utah Code 15A-1-302
Modular manufacturer: means the entity responsible for manufacturing a panelized system or module. See Utah Code 15A-1-302
Molestation: means that an individual, with the intent to arouse or gratify the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, or the breast of a female child, or takes indecent liberties with a child as defined in Section Utah Code 80-1-102
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Motor assisted scooter: means a self-propelled device with:
          (42)(a)(i) at least two wheels in contact with the ground;
          (42)(a)(ii) a braking system capable of stopping the unit under typical operating conditions;
          (42)(a)(iii) an electric motor not exceeding 2,000 watts;
          (42)(a)(iv) either:
               (42)(a)(iv)(A) handlebars and a deck design for a person to stand while operating the device; or
               (42)(a)(iv)(B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;
          (42)(a)(v) a design for the ability to be propelled by human power alone; and
          (42)(a)(vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102
Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
Motor vehicle: means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles. See Utah Code 41-12a-103
Motor vehicle: means a vehicle defined in Section 41-1a-102, except vehicles that are not equipped with safety belts by the manufacturer. See Utah Code 41-6a-1802
Motor-driven cycle: means a motorcycle, moped, and a motorized bicycle having:
(45)(a)(i) an engine with less than 150 cubic centimeters displacement; or
(45)(a)(ii) a motor that produces not more than five horsepower. See Utah Code 41-6a-102
Motorboat: means the same as that term is defined in Section 73-18c-102. See Utah Code 41-12a-103 v2
Motorcycle: means :
(44)(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or
(44)(b) an autocycle. See Utah Code 41-6a-102
Natural parent: includes the minor's noncustodial parent. See Utah Code 80-1-102
Neglect: means action or inaction causing:
          (58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;
          (58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
          (58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;
          (58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
          (58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or
          (58)(a)(vi) educational neglect. See Utah Code 80-1-102
Neglected child: means a child who has been subjected to neglect. See Utah Code 80-1-102
Nongovernmental entity: means a person that is not a governmental entity. See Utah Code 41-6a-2002
Nonjudicial adjustment: means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of:
     (60)(a) the assigned juvenile probation officer; and
     (60)(b)
          (60)(b)(i) the minor; or
          (60)(b)(ii) the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102
Nonresident: means every person who is not a resident of Utah. See Utah Code 41-12a-103
Not competent to proceed: means that a minor, due to a mental illness, intellectual disability or related condition, or developmental immaturity, lacks the ability to:
(61)(a) understand the nature of the proceedings against the minor or of the potential disposition for the offense charged; or
(61)(b) consult with counsel and participate in the proceedings against the minor with a reasonable degree of rational understanding. See Utah Code 80-1-102
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.
Obligee: means the same as that term is defined in Section 81-6-101. See Utah Code 81-7-101
Obligor: means the same as that term is defined in Section 81-6-101. See Utah Code 81-7-101
Off-highway vehicle: means the same as that term is defined under Section 41-22-2. See Utah Code 41-6a-102
Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
Operator: means :
(49)(a) a human driver, as defined in Section Utah Code 41-6a-102
Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103
Other on-track equipment: means a railroad car, hi-rail vehicle, rolling stock, or other device operated, alone or coupled with another device, on stationary rails. See Utah Code 41-6a-102
Owner: means :
     (8)(a) a person who holds legal title to a motor vehicle;
     (8)(b) a lessee in possession;
     (8)(c) a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or
     (8)(d) a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103
Parent: means a natural parent as defined in Section 80-1-102. See Utah Code 80-7-102
parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102
Parole: means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102
Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
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
Physical abuse: means abuse that results in physical injury or damage to a child. See Utah Code 80-1-102
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.
Pole trailer: means a vehicle without motive power:
(56)(a) designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
(56)(b) that is ordinarily used for transporting long or irregular shaped loads including poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections. See Utah Code 41-6a-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Probation: includes intake probation or formal probation. See Utah Code 80-1-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Prosecuting attorney: means :
     (65)(a) the attorney general and any assistant attorney general;
     (65)(b) any district attorney or deputy district attorney;
     (65)(c) any county attorney or assistant county attorney; and
     (65)(d) any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102
Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
(66)(a) the day on which the shelter hearing is held under Section 80-3-301; or
(66)(b) the day on which the child is returned home. See Utah Code 80-1-102
Protective services: means expedited services that are provided:
     (67)(a) in response to evidence of neglect, abuse, or dependency of a child;
     (67)(b) to a cohabitant who is neglecting or abusing a child, in order to:
          (67)(b)(i) help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and
          (67)(b)(ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
     (67)(c) in cases where the child's welfare is endangered:
          (67)(c)(i) to bring the situation to the attention of the appropriate juvenile court and law enforcement agency;
          (67)(c)(ii) to cause a protective order to be issued for the protection of the child, when appropriate; and
          (67)(c)(iii) to protect the child from the circumstances that endanger the child's welfare including, when appropriate:
               (67)(c)(iii)(A) removal from the child's home;
               (67)(c)(iii)(B) placement in substitute care; and
               (67)(c)(iii)(C) petitioning the court for termination of parental rights. See Utah Code 80-1-102
Protective supervision: means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby:
(68)(a) the minor is permitted to remain in the minor's home; and
(68)(b) supervision and assistance to correct the abuse, neglect, or dependency is provided by an agency designated by the juvenile court. See Utah Code 80-1-102
Quorum: The number of legislators that must be present to do business.
Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102
Railroad train: means a locomotive propelled by any form of energy, coupled with or operated without cars, and operated upon rails. See Utah Code 41-6a-102
Registration: means the issuance of the certificates and registration plates issued under the laws of Utah pertaining to the registration of motor vehicles. See Utah Code 41-12a-103
Related condition: means a condition that:
          (69)(a)(i) is found to be closely related to intellectual disability;
          (69)(a)(ii) results in impairment of general intellectual functioning or adaptive behavior similar to that of an intellectually disabled individual;
          (69)(a)(iii) is likely to continue indefinitely; and
          (69)(a)(iv) constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102
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.
residual parental rights and duties: includes the right to consent to:
          (70)(b)(i) marriage;
          (70)(b)(ii) enlistment; and
          (70)(b)(iii) major medical, surgical, or psychiatric treatment. See Utah Code 80-1-102
Restored-modified vehicle: means the same as the term defined in Section 41-1a-102. See Utah Code 41-6a-102
Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
Runaway: means a child, other than an emancipated child, who willfully leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the child, without permission. See Utah Code 80-1-102
Safety belt: means a safety belt or seat belt system that meets standards adopted under Section 41-6a-1601. See Utah Code 41-6a-1802
Safety zone: means the area or space officially set apart within a roadway for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. See Utah Code 41-6a-102
School bus: means a motor vehicle that:
(66)(a)(i) complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses"; and
(66)(a)(ii) is used to transport school children to or from school or school activities. See Utah Code 41-6a-102
Seating position: means any area within the passenger compartment of a motor vehicle in which the manufacturer has installed a safety belt. See Utah Code 41-6a-1802
Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102
Secure care facility: means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care. See Utah Code 80-1-102
Secure detention: means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services:
(74)(a) before disposition of an offense that is alleged to have been committed by the minor; or
(74)(b) under Section 80-6-704. See Utah Code 80-1-102
Secured area: means an area, enclosed by clear boundaries, to which access is limited and not open to the public and entry is only obtainable through specific access-control points. See Utah Code 41-6a-2002
Semitrailer: means a vehicle with or without motive power:
(67)(a)(i) designed for carrying persons or property and for being drawn by a motor vehicle; and
(67)(a)(ii) constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Utah Code 41-6a-102
Serious youth offender: means an individual who:
     (75)(a) is at least 14 years old, but under 25 years old;
     (75)(b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section 80-6-605; and
     (75)(c) is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Severe abuse: means abuse that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102
Severe neglect: means neglect that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102
Severe type of child abuse or neglect: means , except as provided in Subsection (78)(b):
          (78)(a)(i) if committed by an individual who is 18 years old or older:
               (78)(a)(i)(A) chronic abuse;
               (78)(a)(i)(B) severe abuse;
               (78)(a)(i)(C) sexual abuse;
               (78)(a)(i)(D) sexual exploitation;
               (78)(a)(i)(E) abandonment;
               (78)(a)(i)(F) chronic neglect; or
               (78)(a)(i)(G) severe neglect; or
          (78)(a)(ii) if committed by an individual who is under 18 years old:
               (78)(a)(ii)(A) causing serious physical injury, as defined in Subsection 76-5-109(1), to another child that indicates a significant risk to other children; or
               (78)(a)(ii)(B) sexual behavior with or upon another child that indicates a significant risk to other children. See Utah Code 80-1-102
Sexual abuse: means :
     (79)(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child;
     (79)(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:
          (79)(b)(i) there is an indication of force or coercion;
          (79)(b)(ii) the children are related, as described in Subsection (39), including siblings by marriage while the marriage exists or by adoption;
          (79)(b)(iii) there have been repeated incidents of sexual contact between the two children, unless the children are 14 years old or older; or
          (79)(b)(iv) there is a disparity in chronological age of four or more years between the two children;
     (79)(c) engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense:
          (79)(c)(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the alleged perpetrator of an offense described in Section 76-5-401 is a minor;
          (79)(c)(ii) child bigamy, Section Utah Code 80-1-102
Sexual exploitation: means knowingly:
     (80)(a) employing, using, persuading, inducing, enticing, or coercing any child to:
          (80)(a)(i) pose in the nude for the purpose of sexual arousal of any individual; or
          (80)(a)(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct;
     (80)(b) displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child:
          (80)(b)(i) in the nude, for the purpose of sexual arousal of any individual; or
          (80)(b)(ii) engaging in sexual or simulated sexual conduct; or
     (80)(c) engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section Utah Code 80-1-102
Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102
Shelter facility: means a nonsecure facility that provides shelter for a minor. See Utah Code 80-1-102
Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-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
Significant risk: means a risk of harm that is determined to be significant in accordance with risk assessment tools and rules established by the Division of Child and Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that focus on:
     (83)(a) age;
     (83)(b) social factors;
     (83)(c) emotional factors;
     (83)(d) sexual factors;
     (83)(e) intellectual factors;
     (83)(f) family risk factors; and
     (83)(g) other related considerations. See Utah Code 80-1-102
Single criminal episode: means the same as that term is defined in Section 76-1-401. See Utah Code 80-1-102
Solid rubber tire: means a tire of rubber or other resilient material that does not depend on compressed air for the support of the load. See Utah Code 41-6a-102
standing: means the temporary halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers. See Utah Code 41-6a-102
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
State Construction Code: means the State Construction Code adopted by:
     (3)(a) Chapter 2, Adoption of State Construction Code;
     (3)(b) Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code;
     (3)(c) Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code;
     (3)(d) Chapter 4, Local Amendments Incorporated as Part of State Construction Code; and
     (3)(e) Chapter 6, Additional Construction Requirements. See Utah Code 15A-1-102
Status offense: means an offense that would not be an offense but for the age of the offender. See Utah Code 80-1-102
Statute: A law passed by a legislature.
street-legal ATV: means an all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with Section 41-6a-1509. See Utah Code 41-6a-102
Street-legal novel vehicle: means a vehicle registered as a novel vehicle under Section 41-27-201 that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with with Section 41-6a-1509. See Utah Code 41-6a-102 v3
Substance abuse: means , except as provided in Section 80-2-603, the misuse or excessive use of alcohol or other drugs or substances. See Utah Code 80-1-102
substantiation: means a judicial finding based on a preponderance of the evidence, and separate consideration of each allegation made or identified in the case, that abuse, neglect, or dependency occurred . See Utah Code 80-1-102
Substitute care: means :
     (88)(a) the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare;
     (88)(b) services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or
     (88)(c) the licensing and supervision of a substitute care facility. See Utah Code 80-1-102
Support order: means the same as that term is defined in Section 81-6-101. See Utah Code 81-7-101
Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
Swear: includes "affirm. See Utah Code 68-3-12.5
Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102
Therapist: means :
(91)(a) an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or
(91)(b) any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102
Third party inspector: means a person who:
     (19)(a) is qualified to inspect a modular building unit for compliance with construction documents, compliance control, and applicable building code;
     (19)(b) works under the direction of a third party inspection agency;
     (19)(c) has been licensed by the division under Section 15A-1-307; and
     (19)(d) is approved by the Division of Facilities Construction and Management to conduct third party inspections, as described in Section 15A-1-307. See Utah Code 15A-1-302
Threatened harm: means actions, inactions, or credible verbal threats, indicating that the child is at an unreasonable risk of harm or neglect. See Utah Code 80-1-102
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102
Tow truck operator: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102
Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102
Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Utah Code 41-6a-102
Trailer: means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-6a-102
Tribunal: means the same as that term is defined in Section 81-6-101. See Utah Code 81-7-101
Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102
Truck tractor: means a motor vehicle:
(84)(a) designed and used primarily for drawing other vehicles; and
(84)(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck tractor. See Utah Code 41-6a-102
Two-way left turn lane: means a lane:
     (85)(a) provided for vehicle operators making left turns in either direction;
     (85)(b) that is not used for passing, overtaking, or through travel; and
     (85)(c) that has been indicated by a lane traffic-control device that may include lane markings. See Utah Code 41-6a-102
Ungovernable: means a child in conflict with a parent or guardian, and the conflict:
     (93)(a) results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively;
     (93)(b) poses a threat to the safety or well-being of the child, the child's family, or others; or
     (93)(c) results in the situations described in Subsections (93)(a) and (b). See Utah Code 80-1-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unregistered modular unit: means a modular unit that:
(20)(a) has not been inspected as required by this title; or
(20)(b) does not have a required decal. See Utah Code 15A-1-302
Unsubstantiated: means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
Unsupported: means a finding by the Division of Child and Family Services at the completion of an investigation, after the day on which the Division of Child and Family Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
Urban district: means the territory contiguous to and including any street, in which structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more. See Utah Code 41-6a-102
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
Validated risk and needs assessment: means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs. See Utah Code 80-1-102
Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
Without merit: means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency. See Utah Code 80-1-102
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
Youth offender: means an individual who is:
(98)(a) at least 12 years old, but under 21 years old; and
(98)(b) committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102