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1-4-1: - SENTENCING:#
A.
Term of Imprisonment for Misdemeanors 1 : 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.
B.
Infractions 2 :
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.
C.
Fines of Persons 3 : 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;
2.
Class C Misdemeanor: Seven hundred fifty dollars ($750.00) when the conviction is of a Class C misdemeanor;
3.
Infraction: Seven hundred fifty dollars ($750.00) when the conviction is of an infraction.
D.
Fines of Corporations 4 : 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 sentenced 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; and
2.
Class C Misdemeanor; Infraction: One thousand dollars ($1,000.00) when the conviction is for a Class C misdemeanor or for an infraction.
1 State Law reference—Utah Code Annotated. § 76-3-204.
2 State Law reference—Utah Code Annotated. § 76-3-205.
3 State Law reference—Utah Code Annotated. § 76-3-301.
4 State Law reference—Utah Code Annotated. § 76-3-302.
(1985 Code §§ 13-3-2.2, 13-3-2.3, 13-3-3.1, 13-3-3.2; amd. 2001 Code)
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 :
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 2 :
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.
1 State Law reference—Utah Code Annotated. § 76-3-104.
2 State Law reference—Utah Code Annotated. § 76-3-105.
(1985 Code §§ 13-3-1.1—13-3-1.5)
1-4-3: - LIMITATIONS AND SPECIAL PROVISIONS ON SENTENCES:#
The provisions of Utah Code Annotated section 76-3-401 through 76-3-405, are hereby adopted and incorporated herein by reference, as such limitations and special provisions on sentences apply to misdemeanors.
(1985 Code § 13-3-4.1)
1-4-4: - MISDEMEANOR CITATIONS:#
A.
Citation for Misdemeanor: A peace officer of this city, in lieu of taking a person into custody, or any public official of this city charged with the enforcement of the laws of this city, may issue and deliver a citation requiring any person subject to arrest or prosecution on a misdemeanor charge to appear at the justice court.
B.
Court Appearance; Time; Failure to Appear:
1.
Persons receiving misdemeanor citations shall appear before the justice court judge on or before the time and date specified in the citation.
2.
No citation shall require a person to appear sooner than five (5) days or later than fourteen (14) days following its issuance.
3.
Any person who receives a citation and who fails to appear on or before the time and date and at the court specified shall be subject to arrest. The justice court judge may issue a warrant of arrest.
C.
Contents of Citation:
1.
If a citation is issued pursuant to subsection A of this section, the peace officer or public official shall issue one copy to the person cited and shall within five (5) days file a duplicate copy with the justice court.
2.
Each copy of the citation issued under authority of this chapter shall contain:
a.
The name, Riverdale City justice court;
b.
The name of the person cited;
c.
A brief description of the offense charged;
d.
The date, time and place at which the offense is alleged to have occurred;
e.
The date on which the citation was issued;
f.
The name of the peace officer or public official who issued the citation, and the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the arrested person before a magistrate;
g.
The time and date on or before and after which the person is to appear;
h.
The address of the justice court; and
i.
A notice containing substantially the following language:
Read Carefully
This citation is not a complaint and will not be used as a complaint without your consent. If a complaint is filed, you will be provided a copy by the court. You MUST appear in court on or before the time set in this citation. IF YOU FAIL TO APPEAR, A COMPLAINT WILL BE FILED AND THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
D.
Citation in Lieu of Complaint; Exceptions:
1.
Whenever a citation is issued pursuant to the provisions of subsection A of this section, the copy of the citation filed with the justice court may be used in lieu of a complaint to which the person cited may plead guilty or on which bail may be posted and forfeited.
2.
If the person cited wilfully fails to appear pursuant to a citation issued under subsection A of this section or pleads not guilty to the offense charged, or does not deposit bail on or before the date set for his appearance, a complaint shall be filed and proceedings held in accordance with the Utah rules of criminal procedure and all other applicable provisions, which complaint shall be deemed an original pleading; provided, however, that the person cited may by written agreement waive the filing of the complaint and thereafter the prosecution may proceed on the citation notwithstanding any provisions to the contrary.
E.
Wilfully Failing to Appear; Misdemeanor: Any person who wilfully fails to appear before a court pursuant to a citation issued under the provisions of subsection A of this section is guilty of a class B misdemeanor, regardless of the disposition of the charge upon which he was originally cited.
F.
Fix-It Tickets:
1.
Established: There is hereby established in the city a fix-it ticket program for the enforcement of city zoning, business license, building code and fire code violations. Said fix-it tickets may be issued by the following personnel: building official, animal control officer, police officers and selected fire department personnel. The city administrator shall designate which persons from the fire department may issue said citations.
2.
Applicability: Fix-it tickets shall only be issued for zoning, business license, building code and fire code violations which are designated in this code as misdemeanors or infractions.
3.
Time Period for Correction of Violation; Extension: After a fix-it ticket is issued, the citizen will enjoy a fourteen (14) day period in which to correct the violation before any penalty attaches. An extension of this correction period may be authorized at the discretion of the city administrator. The fix-it ticket will be dismissed if the violation is corrected and one of the officials listed in subsection F1 of this section subscribes to that fact.
4.
Failure to Correct: If the violation is not corrected within fourteen (14) days, it will then be prosecuted as any other misdemeanor or infraction.
(1985 Code §§ 13-15-1—13-15-6; amd. 2001 Code; Ord. 815, 9-25-2012)