{"id":"DUT-UT-004","kind":"duty","level":"state","jurisdiction":"Utah","state":"UT","metro":"","industry":"","agency":"","eco":"","issuer":"Utah Legislature (Utah Code Title 26A, Local Health Authorities, Chapter 1, Local Health Departments)","authority":"Police power of the State delegated to the thirteen local health departments; Utah Code Title 26A, Chapter 1","instrument":"Utah Code section 26A-1-114","title":"Powers and duties of departments","dateIssued":"2021-05-05","effective":"standing","end":"standing (this version superseded May 5, 2021; S.B. 195 added the order-of-constraint limits recorded in Ex. UT-041 and H.B. 294 added section 26A-1-130, Ex. UT-040)","startDate":"2021-05-05","endDate":"2021-05-05","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["QUAR","CLOSE","GATH","DUTY"],"addressees":["persons generally; owners or persons in charge of premises; public places and gatherings within each local health department\u0027s jurisdiction"],"clause":"A local health department may:... (b) establish, maintain, and enforce isolation and quarantine, and exercise physical control over property and over individuals as the local health department finds necessary for the protection of the public health;... (e) close theaters, schools, and other public places and prohibit gatherings of people when necessary to protect the public health","enforcement":"Utah Code section 26A-1-123 (Ex. DUT-UT-005): class B misdemeanor, class A on a subsequent violation within two years; Utah Code section 26-23-6 (Ex. DUT-UT-003)","functions":[],"notes":"Every local health department could enforce the State\u0027s public health and sanitation laws, impose isolation and quarantine with physical control over property and individuals, close public places and prohibit gatherings, and abate \u0027sources of filth and infectious and communicable diseases\u0027 and bill \u0027the owner or other person in charge of the premises\u0027 for the cost (subsection (1)(f)), the powers under which the Weber-Morgan, Wasatch, Davis, Salt Lake County and Southeast Utah health departments issued the orders in Exs. UT-054 to UT-056 and the 2021 school orders. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"https://le.utah.gov/xcode/Title26A/Chapter1/C26A-1-S114_1800010118000101.pdf","snapshot":"","fileExists":true,"fileBytes":10223,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-UT","url":"/library/DUT-UT-004","exhibitUrl":"/exhibit/DUT-UT-004","citation":"Utah Legislature (Utah Code Title 26A, Local Health Authorities, Chapter 1, Local Health Departments), Utah Code section 26A-1-114 (standing) (Ex. DUT-UT-004)","stateName":"Utah","related":["UT-041","UT-040","UT-054","UT-056","DUT-UT-006","DUT-UT-005","DUT-UT-003","DUT-UT-015"]}