Naples City v. Mecham

In Naples City v. Mecham, 709 P.2d 359 (Utah 1985), the Court held that a city gave adequate notice of its adoption of a traffic ordinance by virtue of its compliance with section 10-3-711 of the Utah Code, which required that a summary of any passed ordinance be published in a newspaper within the municipality, or, if no newspaper was published in the municipality, be disseminated by "posting complete copies in three public places within the municipality." Id. at 360. The appellant in Naples City was convicted of violating the traffic ordinance and argued that the city, which had posted copies of the ordinance on two telephone poles as well as in the city offices, had failed to provide him adequate notice of the ordinance's passage. Id. In holding that adequate notice was provided, we focused on the city's compliance with the Utah Code's notice requirements and concluded "that the statute establishes a reasonable means of providing general notice of the prohibited conduct." Id.