The defendant was convicted in the City Court of violating Section 32-1-1, Revised Ordinances of Salt Lake City, Utah, 1965. He appealed to the District Court, where the judge ruled that the City had no power to enact the ordinance in question. The City appeals pursuant to Article VIII, § 9, of the Utah Constitution, since the validity of an ordinance is involved.
Section 10-8-50, U.C.A.1953, provides that cities “may provide for the punishment of persons disturbing the peace and the good order of the city, or any lawful assembly, by clamor or noise, by intoxication, fighting, or using obscene or profane language, . . .”
The ordinance in question states, “It shall be unlawful for any person to use abusive, menacing, insulting, slanderous or profane language within the limits of Salt Lake City.”
It thus appears that the ordinance goes beyond the statute. The City has the power to enact an ordinance which makes it unlawful to disturb the peace and good order of the City by using obscene or profane language. This it did not do. The ordinance simply makes it unlawful to use obscene language regardless of whether it causes or tends to cause a breach of the peace. If the ordinance were held valid, one could be punished for swearing to himself if he should accidentally hit his thumb with a hammer.
We think the Legislature intended to limit the power of the city in enacting ordinances regarding obscene or profane language to situations where there is a breach of the peace.
The ruling of the trial judge is affirmed.
CALLISTER, C. J., and TUCKETT and HENRIOD, JJ., concur.