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1-4-1: - Sentencing#
A.
Penalty for Violation of Ordinance: Unless otherwise specifically authorized by statute, the city council may provide a penalty for the violation of any city ordinance by a fine not to exceed the maximum Class B misdemeanor fine under Utah Code Annotated section 76-3-301, or by a term of imprisonment up to six (6) months, or by both the fine and term of imprisonment. The city council may prescribe a minimum penalty for the violation of any city ordinance and may impose a civil penalty for the unauthorized use of city property, including, but not limited to, the use of parks, streets and other public grounds or equipment. Rules of civil procedure shall be substantially followed. If the city council has not specifically provided for a penalty for the violation of a specific city ordinance, then the default violation of any city ordinance shall be an infraction and subject to penalty as outlined in this Section 1-4-1.
B.
Term of Imprisonment for Misdemeanors: A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
1.
In the case of a Class B misdemeanor, for a term not exceeding six (6) months;
2.
In the case of a Class C misdemeanor, for a term not exceeding ninety (90) days.
C.
Infractions:
1.
A person convicted of an infraction may not be imprisoned but may be subject to a fine, forfeiture and disqualification, or any combination.
2.
Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined as for a Class C misdemeanor.
D.
Fines of Persons: A person convicted of an offense may, in addition to any term of imprisonment imposed, be sentenced to pay a fine not to exceed:
1.
Class B Misdemeanor: One thousand dollars ($1,000.00) when the conviction is of a Class B misdemeanor conviction; and
2.
Class C Misdemeanor; Infraction: Seven hundred fifty dollars ($750.00) when the conviction is of a Class C misdemeanor conviction or infraction conviction.
E.
Fines of Corporations: The sentence to pay a fine, when imposed upon a corporation, association, partnership or governmental instrumentality for an offense defined in this code, or the ordinances of the city, or for an offense defined outside of this code over which this city has jurisdiction, for which no special corporate fine is specified, shall be to pay an amount fixed by the court, not exceeding:
1.
Class B Misdemeanor: Five thousand dollars ($5,000.00) when the conviction is for a Class B misdemeanor conviction; and
2.
Class C Misdemeanor; Infraction: One thousand dollars ($1,000.00) when the conviction is for a Class C misdemeanor conviction or for an infraction conviction.
(Adopted by Ord. 1976 Code § 3-332 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001; Amended by Ord. 2017-01 on 6/14/2017)
1-4-2: - Offenses designated; classified#
A.
Sentencing in Accordance with Chapter:
1.
A person adjudged guilty of an offense under this code or the ordinances of this city shall be sentenced in accordance with the provisions of this chapter.
2.
Ordinances enacted after the effective date of this code which involve an offense should be classified for sentencing purposes in accordance with this chapter, unless otherwise expressly provided.
B.
Designation of Offenses: Offenses are designated as misdemeanors or infractions.
C.
Misdemeanors Classified:
1.
Misdemeanors are classified into two (2) categories:
a.
Class B misdemeanors;
b.
Class C misdemeanors.
2.
An offense designated as a misdemeanor or any act prohibited or declared to be unlawful in this code or any ordinance of this city when no other specification as to punishment or category is made, is a Class B misdemeanor.
D.
Infractions:
1.
Infractions are not classified.
2.
Any offense which is made an infraction in this code or other ordinances of this city, or which is expressly designated an infraction and any offense designated by this code or other ordinances of this city which is not designated as a misdemeanor and for which no penalty is specified is an infraction.
E.
Continuing Violation: In all instances where the violation of this code or any ordinance hereinafter enacted is a continuing violation, a separate offense shall be deemed committed on each day during or on which the violation occurs or continues to occur.
(Adopted by Ord. 1976 Code §§ 1-311, 1-312, 1-313, 1-314, 1-315 on 1/1/1976)