(A) Sentencing.
(1) Penalty for violation of code. Unless otherwise specifically authorized by statute, the Town Council may provide a penalty for the violation of any town ordinance by a fine not to exceed the maximum Class B misdemeanor fine under UCA § 76-3-301, or by a term of imprisonment up to six months, or by both the fine and term of imprisonment. The Town Council may prescribe a minimum penalty for the violation of any town ordinance and may impose a civil penalty for the unauthorized use of town 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.
(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; and
(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: $1,000 when the conviction is of a Class B misdemeanor conviction; and
(b) Class C misdemeanor; infraction: $750 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 town, or for an offense defined outside of this code over which the town 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: $5,000 when the conviction is for a Class B misdemeanor conviction; and
(b) Class C misdemeanor; infraction: $1,000 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 code.
(a) A person adjudged guilty of an offense under this code or the ordinances of the town 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; and
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 the town when no other specification as to punishment or category is made, is an infraction (see UCA § 76-3-104(4)).
(4) Infractions.
(a) Infractions are not classified.
(b) Any offense which is made an infraction in this code or other ordinances of the town, or which is expressly designated an infraction and any offense designated by this code or other ordinances of the town 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)
(C) Administrative hearings.
(1) 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:
(a) Who is denied or refused a permit or license by any officer, agent or employee of the town; and
(b) Whose permit or license is revoked, restricted, qualified or limited from that for which it was first issued.
(2) Form of request. The request for hearing must be made in writing to the Mayor or Town Clerk and made within 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 or her address as it appears on the application or license.
(3) Procedure.
(a) 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.
(b) 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 or her own evidence in support of his or her contention.
(c) Decision of Town Council. The Town Council shall, within ten days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the Town Council.
(4) No additional hearing; scope. 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 division (C) apply to any criminal complaint or proceeding.
(Prior Code, § 1-4-3)
Statutory reference:
Related provisions, see UCA §§ 76-3-104, 76-3-204, 76-3-205, 76-3-301, 76-3-302, 10-3-703