Salt Lake City v. Allred

CROCKETT, Chief Justice

(dissenting).

I agree with the dissent of Justice ELLETT, adding this further comment:

It is easy enough to criticize legislative enactments for lack of certainty, but it is something else to draw them with such specificity that one charged with violation, or his lawyer engaged for that purpose, cannot ignore the central core of the intended meaning and, by pointing to the outer fringes, find some uncertainty. I think if the whole ordinance is viewed together, its purpose and the conduct denounced is sufficiently clear that it could be understood and given effect both as to obedience and enforcement by persons of ordinary intelligence, desiring to do so. To spare further extenuation here as to presumptions of validity and the reluctance courts should have in striking down legislation see my concurring opinion in Jones v. Logan City, 19 Utah 2d 169, 428 P.2d 160, and authorities therein cited.