(A) Sentencing.
(1) Penalties for violation of ordinance.
(a) Criminal penalty for violation of ordinance:
1. Under UCA § 10-3-703, the City 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 UCA § 76-3-301 or by a term of imprisonment up to six months, or by both the fine and term of imprisonment.
2. Notwithstanding division (A)(1)(a)1. of this section, the city may not impose a criminal penalty greater than an infraction for a violation pertaining to an individual's pet, as defined in UCA § 4-12-102, or an individual's residence unless the violation:
a. Is a nuisance as defined in UCA § 78B-6-1101(1); and
b. Threatens the health, safety, or welfare of the individual or an identifiable third party; or
3. The city has imposed a fine on the individual for a violation that involves the same residence or pet on three previous occasions within the past 12 months.
4. Division (A)(1)(a)2. of this section does not apply to municipal enforcement of a building code or fire code ordinance in accordance with UCA Title 15A, State Construction and Fire Codes Act.
5. The city may not issue more than one infraction within a 14-day period for a violation described in division (A)(1)(a)2. that is ongoing.
(b) Civil:
1. Except as provided in division (A)(1)(b)2. of this section, the City Council may prescribe a civil penalty for the violation of any municipal ordinance by a fine not to exceed the maximum class B misdemeanor fine under UCA § 76-3-301.
2. The city may not impose a civil penalty and adjudication for the violation of a municipal moving traffic ordinance.
(2) Term of imprisonment for misdemeanors. A person who bas 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;
(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 the same 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; and
(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 city, or for an offense defined outside of the City 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:
(a) Class B Misdemeanor: Five thousand dollars when the conviction is for a Class B misdemeanor conviction; and
(b) Class C Misdemeanor; infraction: One thousand dollars when the conviction is for a Class C misdemeanor conviction or for an infraction conviction.
(B) Offenses designated; classified.
(1) Sentencing in accordance with chapter.
(a) A person adjudged guilty of an offense under the City Code or the ordinances of the city shall be sentenced in accordance with the provisions of this chapter.
(b) Ordinances enacted after the effective date of the City 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;
2. Class C Misdemeanors.
(b) An offense designated as a misdemeanor or any act prohibited or declared to be unlawful in the City Code or any ordinance of this city 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 the City Code or other ordinances of the city, or which is expressly designated an infraction and any offense designated by the city code or other ordinances of the city 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 the City Code or any ordinance of the city hereinafter enacted is a continuing violation, a separate offense shall be deemed committed on each day dming or on which the violation occurs or continues to occur.
(6) Issuing citations.
(a) Except as provided in division (B)(6)(b) below or UCA § 77-7-18, a city officer or official who is not a law enforcement officer in accordance with UCA § 53-13-103 or a special function officer described in UCA § 53-13-105 may not issue a criminal citation for a violation that is punished as a misdemeanor.
(b) Notwithstanding division (A) or division (B)(6)(a) above, the following may issue a criminal citation for a violation that is punished as a misdemeanor if the violation threatens the health and safety of an animal or the public:
1. A fire officer described in UCA § 53-7-102; or
2. An animal control officer described in UCA § 11-46-102.
(C) Prohibited acts include causing and permitting. Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, concealing, or attempting the fact of such act or omission.
(Ord. 01-2024, passed 1-17-2024)