A. Applicability:
1. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this Code and there shall be no fine or penalty specifically declared for such breach, the provisions of this Chapter shall apply.
2. In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. (1966 Code § 1-6-3)
B. Penalty For Violation Of Ordinance 1 : 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.
C. Term Of Imprisonment For Misdemeanors 2 : 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.
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.
E. Fines Of Persons 4 : 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. One thousand dollars ($1,000.00) when the conviction is of a Class B misdemeanor conviction; and
2. Seven hundred fifty dollars ($750.00) when the conviction is of a Class C misdemeanor conviction or infraction conviction.
F. Fines Of Corporations 5 : 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. Five thousand dollars ($5,000.00) when the conviction is for a Class B misdemeanor conviction; and
2. One thousand dollars ($1,000.00) when the conviction is for a Class C misdemeanor conviction or for an infraction conviction. (2000 Code)
G. License Revocation: When a person is convicted of a violation of any section of this Code, any license previously issued by the City to such person may be revoked by the Municipal Justice Court or the City Council. (1966 Code § 1-6-2; amd. 2000 Code)
Notes
| 1 | 1. U.C.A. § 10-3-703. |
| 2 | 2. U.C.A. § 76-3-204. |
| 3 | 1. U.C.A. § 76-3-205. |
| 4 | 2. U.C.A. § 76-3-301. |
| 5 | 3. U.C.A. § 76-3-302. |