ADOPTING ORDINANCE

ORDINANCE #2022-07

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE BOARD OF SAN JUAN COUNTY COMMISSIONERS, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES AND DECLARING AN EMERGENCY.

   WHEREAS, the present general and permanent ordinances of the political subdivision are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the County and for the proper conduct of its affairs; and

   WHEREAS, the Acts of the Legislature of the State of Utah empower and authorize the political subdivision to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form as defined in UCA § 17-53-2; and

   WHEREAS, the Legislative Authority of the Political Subdivision has authorized a general compilation, revision, and codification of the ordinances of the Political Subdivision of a general and permanent nature and publication of such ordinance in book form; and

   WHEREAS, it is necessary to provide for the usual daily operation of the County and for the immediate preservation of the public peace, health, safety and general welfare of the County that this ordinance take effect at an early date.

   NOW, THEREFORE, THE BOARD OF SAN JUAN COUNTY COMMISSIONERS ORDAINS AS FOLLOWS:

   Section 1.   The general ordinances of the Political Subdivision as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the “Code of Ordinances of San Juan County a Political Subdivision of the State of Utah”

   Section 2.   Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:

         a.   Title I: General Provisions

         b.   Title III: Administration

         c.   Title V: Public Works

         d.   Title VII: Traffic Code

         e.   Title IX : General Regulations

         f.   Title XI: Business Regulations

         g.   Title XIII: General Offenses

         h.   Title XV: Land Usage

         i.   Table of Special Ordinances

   Section 3.   All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

   Section 4.   Such Code shall be deemed published as of the day of its adoption and approval by the Board of San Juan County Commissioners and the Clerk of San Juan County is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk. Ordinances will also be located on the County website available to the public.

   Section 5.   Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties, and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

   Section 6.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety, and general welfare of the people of this County and shall take effect at the earliest date provided by law.

   PASSED AND ADOPTED by action of the Board of San Juan County Commissioners for San Juan County in an open meeting this 6th day of December 2022.

Voting Aye: Willie Grayeyes, Bruce Adams

Voting Nay:

ATTEST:                                        SAN JUAN COUNTY BOARD OF COMMISSIONERS

/s/ Lyman Duncan                            /s/ Willie Grayeyes

Lyman Duncan, Clerk/Auditor                           Willie Grayeyes, Chair