CHAPTER 3
OFFENSES AGAINST PUBLIC WELFARE
Sections:
8-3-101 Sale or Possession of Intoxicating Liquors.
8-3-103 Lawful Intoxicating Chemical Compounds.
8-3-101 Sale or Possession of Intoxicating Liquors.
It shall be unlawful for any person, except as provided by the state statutes, to knowingly have in his possession any intoxicating liquor, or to manufacture, sell, keep, or store for sale, offer or expose for sale, import, carry, transport, advertise, distribute, give away, dispense, or serve intoxicating liquor.
(Statutory Authority UCA 10-8-42; 1968 Code 6-1-26; 1979 Code 8-2-6; renumbered by Ord. No. 25-92; renumbered and amended by Ord. 03-2009, 03/17/2009)
8-3-102 Discharging Firearms.
“Firearm” means a device from which a projectile or projectiles may be propelled through a barrel by use of an explosion. “Firearm” does not include devices from which a projectile is propelled through a barrel by the use of air or other compressed gas except high-powered air rifles that shoot over seven hundred fifty (750) fps (feet per second).
“Other instrument” means any device from which projectiles are expelled other than a firearm.
(1) Except as permitted by subsection (2) of this section, it shall be unlawful for any person within the limits of the City to discharge any firearm intentionally or negligently, loaded with blank or live cartridges, or cause a firearm projectile to come to rest within City limits except:
(a) Peace officers acting in the scope of their lawful duties;
(b) A private citizen acting in reasonable self-defense;
(c) Patrons of a lawfully operated shooting range;
(d) The discharge of blank cartridges at a theatrical or sporting event;
(e) The firing of salutes by firing squads at a funeral; or
(f) The lawful slaughtering of animals.
(2) Discharging a firearm within City limits may be allowed under extraordinary circumstances and upon issuance of a permit by the Police Department and shall be in compliance with any restrictions contained therein. Firearms shall not be discharged within six hundred feet (600') of any house, dwelling, or other structure except as allowed by subsection (1) of this section.
(3) Other instruments may be discharged on private property, or public property with permission; provided, that any projectile does not cross onto private property owned by another or public property without permission. Other instruments shall not be discharged if the discharge may reasonably result in injury or damage.
(4) Any person who violates the provisions of this Chapter shall be guilty of a Class B misdemeanor and, upon conviction thereof, the maximum fine shall be in accordance with the current State Uniform Fine Bail Schedule.
(Statutory Authority UCA 10-8-47 and 10-13-9; 1968 Code 6-1-10; 1979 Code 8-2-8; amended by Ordinance No. 11-90; renumbered by Ord. No. 25-92; renumbered and amended by Ord. 03-2009, 03/17/2009; Ord. No. 05-2019 § 1, 04/16/2019)
8-3-103 Lawful Intoxicating Chemical Compounds.
(1) It shall be unlawful for any person, including a corporation or other entity, to manufacture, distribute, dispense, ingest, use, possess, purchase, attempt to purchase, sell, publicly display for sale, attempt to sell, give, trade or barter, any one (1) or more of the following chemical compounds and/or substances, including their salts, isomers, homologues and salts of their isomers and homologues:
(a) Salvia Divinorum or Salvinorum A – All parts of the plant presently classified botanically as Salvia Divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plants, its seeds or extracts;
(b) 1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(c) (6ar,10ar)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c] chromen-1-ol (also known as HU-210 or 1, 1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol);
(d) 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl) phenol (also known as CP-47,497), and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP-47,497;
(e) 1-Butyl-3-(1-naphthoyl) indole (also known as JWH-073);
(f) 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole (also known as JWH-200);
(g) 1- Pentyl-3-(2-methoxyphenylacetyl) indole (also known as JWH-250);
(h) 1-Hexyl-3-(1-naphthoyl) indole (also known as JWH-019);
(i) 1-Pentyl-3-(4-chloro-1-naphthoyl) indole (also known as JWH-398);
(j) N-benzylpiperazine (also known as BZP);
(k) 1-(3-trifluoromethylphenyl) piperazine (also known as TFMPP);
(l) Any similar structural analogs of the above chemical compounds;
(m) Any other synthetic cannabinoids.
(2) This Section shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved by the Federal Food and Drug Administration or that are specifically permitted by Utah law.
(3) Subsequent State Action – If the Utah State Legislature adopts a statute enacting criminal penalties for prohibitions set forth in this Chapter, then upon the effective date of such State statute, provisions of this Section that are covered by the State statute shall no longer be deemed effective. Any violations of this Section prior to a statute becoming effective may be prosecuted. If there are provisions of this Section that are not covered by the State statute, those provisions will remain in effect and may be prosecuted.
(Ord. No. 20-2010, 11/16/2010)