CHAPTER 4
GENERAL PENALTY
SECTION:
1-4-1: Sentencing
1-4-2: Offenses Designated; Classified
1-4-3: Administrative Hearings
1-4-1: SENTENCING:
   A.   Penalty For Violation Of Ordinance 1 :
      1.   Specified: The town council may impose a minimum criminal penalty for the violation of any municipal 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.
      2.   Exceptions:
         a.   Except as provided in subsection A2b of this section, the town council may prescribe a minimum civil penalty for the violation of any municipal ordinance by a fine not to exceed the maximum class B misdemeanor fine under Utah Code Annotated section 76-3-301.
         b.   The municipality may not impose a civil penalty and adjudication for the violation of a municipal moving traffic ordinance, except as authorized in Utah Code Annotated section 10-3-703.5. (2001 Code)
   B.   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. (1976 Code § 1-322; amd. 2001 Code)
   C.   Infractions 3 :
      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. (1976 Code § 1-323; amd. 2001 Code)
   D.   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.   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. (1976 Code § 1-331; amd. 2001 Code)
   E.   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 town, or for an offense defined outside of this code over which this town 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. (1976 Code § 3-332; amd. 2001 Code)

 

Notes

1
1. U.C.A. § 10-3-703.
2
2. U.C.A. § 76-3-204.
3
3. U.C.A. § 76-3-205.
4
1. U.C.A. § 76-3-301.
5
2. U.C.A. § 76-3-302.
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 town 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. (1976 Code § 1-311)
   B.   Designation Of Offenses: Offenses are designated as misdemeanors or infractions. (1976 Code § 1-312)
   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 town when no other specification as to punishment or category is made, is a class B misdemeanor. (1976 Code § 1-313)
   D.   Infractions:
      1.   Infractions are not classified.
      2.   Any offense which is made an infraction in this code or other ordinances of this town, or which is expressly designated an infraction, and any offense designated by this code or other ordinances of this town which is not designated as a misdemeanor and for which no penalty is specified, is an infraction. (1976 Code § 1-314)
   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. (1976 Code § 1-315)

 

Notes

1
1. U.C.A. § 76-3-104.
1-4-3: ADMINISTRATIVE HEARINGS:
   A.   Request: Unless otherwise specifically provided in any ordinance of the town or any code adopted by reference, a hearing before the town council may be requested by any person:
      1.   Who is denied or refused a permit or license by any officer, agent or employee of this town.
      2.   Whose permit or license is revoked, restricted, qualified or limited from that for which it was first issued. (1976 Code § 1-411)
   B.   Form Of Request: The request for hearing must be made in writing to the mayor or town clerk and made within thirty (30) days following the date notice denying, refusing, revoking, qualifying or restricting the license or permit is mailed by the town to the applicant or license holder at his address as it appears on the application or license. (1976 Code § 4-412)
   C.   Procedure:
      1.   Time And Place: Following receipt of a request for hearing, the town council shall inform the person requesting a hearing of the time and place the hearing is to be held.
      2.   Witnesses; Evidence: At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the town may produce to support its decision and to present his own evidence in support of his contention.
      3.   Decision Of Town Council: The town council shall, within ten (10) days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the town council. (1976 Code § 1-413)
   D.   Not Additional Remedy: This section shall not be construed so as to afford any aggrieved party more than one hearing before the town council nor shall the hearing provided in this section apply to any criminal complaint or proceeding. (1976 Code § 1-414)