(A) Sentencing.
(1) Penalty for violation of ordinance.
(a) Specified. The county legislative body may enforce obedience to ordinances by punishment, not to exceed the maximum fine for a class B misdemeanor under UCA § 76-3-301, imprisonment or by both fine and imprisonment.
(b) Traffic; parking.
1. Except as specifically authorized by statute, the county legislative body may not impose a civil penalty for the violation of a county traffic ordinance.
2. Division (A)(1)(b)1. above does not apply to an ordinance regulating the parking of vehicles on a highway.
(2) Term of imprisonment for misdemeanors. A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
(a) In the case of a class B misdemeanor, for a term not exceeding six months; or
(b) In the case of a class C misdemeanor, for a term not exceeding 90 days.
(3) Infractions.
(a) A person convicted of an infraction may not be imprisoned but may be subject to a fine, forfeiture and disqualification or any combination.
(b) Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined as for a class C misdemeanor.
(4) 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:
(a) Class B misdemeanor. One thousand dollars when the conviction is of a class B misdemeanor conviction; or
(b) Class C misdemeanor; infraction. Seven hundred fifty dollars when the conviction is of a class C misdemeanor conviction or infraction conviction.
(5) 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 county, or for an offense defined outside of this code over which this county has jurisdiction, for which no special corporate fine is specified, shall be to pay an amount fixed by the court, not exceeding:
(a) Class B misdemeanor. Five thousand dollars when the conviction is for a class B misdemeanor conviction; or
(b) Class C misdemeanor; infraction. One thousand dollars when the conviction is for a class C misdemeanor conviction or for an infraction conviction.
(Prior Code, § 1-4-1)
(B) Offenses designated; classified.
(1) Sentencing in accordance with chapter.
(a) A person adjudged guilty of an offense under this code or the ordinances of this county shall be sentenced in accordance with the provisions of this chapter.
(b) 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.
(2) Designation of offenses. Offenses are designated as misdemeanors or infractions.
(3) Misdemeanors classified.
(a) Misdemeanors are classified into two categories:
1. Class B misdemeanors; or
2. Class C misdemeanors.
(b) An offense designated as a misdemeanor or any act prohibited or declared to be unlawful in this code or any ordinance of this county when no other specification as to punishment or category is made, is a class B misdemeanor.
(4) Infractions.
(a) Infractions are not classified.
(b) Any offense which is made an infraction in this code or other ordinances of this county, or which is expressly designated an infraction and any offense designated by this code or other ordinances of this county which is not designated as a misdemeanor and for which no penalty is specified is an infraction.
(5) 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.
(Prior Code, § 1-4-2)