1-4-1: SENTENCING:
A. Penalty For Violation Of Ordinance2:
1. Criminal:
a. Class B: 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 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.
b. Class A; Cohabitant Abuse, DUI Offenses, Driving With Suspended Or Revoked License: The city council may impose a minimum criminal penalty by a fine not to exceed the maximum class A misdemeanor fine under Utah Code Annotated section 76-3-301 or by a term of imprisonment not exceeding one (1) year under Utah Code Annotated section 76-3-204, or by both a fine and term of imprisonment for the following:
(1) Alleged class A misdemeanor violations of Utah Code Annotated section 41-6-44; and
(2) Alleged violations of Utah Code Annotated section 30-6-1 et seq., which consists of cohabitant abuse; and
(3) Alleged violations of Utah Code Annotated section 53-3-227, which consists of the person operating a vehicle while the person’s driving privilege is suspended or revoked for a violation of Utah Code Annotated section 41-6-44, a city ordinance which complies with the requirements of Utah Code Annotated section 41-6-43, Utah Code Annotated section 41-6-44.10, Utah Code Annotated section 76-5-207, or a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of those sections or ordinances.
2. Civil:
a. Except as provided in subsection A2b of this section, the city 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. A 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.
B. Term Of Imprisonment For Misdemeanors3: A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
1. In the case of a class A misdemeanor, for a term not exceeding one (1) year;
2. In the case of a class B misdemeanor, for a term not exceeding six (6) months;
3. In the case of a class C misdemeanor, for a term not exceeding ninety (90) days.
C. Infractions4:
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.
D. Fines Of Persons5: 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 A misdemeanor: Two thousand five hundred dollars ($2,500.00) when the conviction is of a class A misdemeanor; and
2. Class B misdemeanor: One thousand dollars ($1,000.00) when the conviction is of a class B misdemeanor conviction; and
3. Class C misdemeanor; infraction: Seven hundred fifty dollars ($750.00) when the conviction is of a class C misdemeanor conviction or infraction conviction.
E. Fines Of Corporations6: 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. 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.
F. Revocation Of License: Rep.
(1962 Code § 1-4-3; amd. 2003 Code; Ord. 2019-01-005 § 2, 1-3-2019)
2UCA § 10-3-703.
3UCA § 76-3-204.
4UCA § 76-3-205.
5UCA § 76-3-301.
6UCA § 76-3-302.