Chapter 1.30
GENERAL PENALTY
Sections:
1.30.020 Conflicting penalty provisions.
1.30.030 Penalty for violation of zoning, subdivision, and building codes.
1.30.010 General penalty.
For the purpose of enforcing obedience to the provisions of this code or any duly enacted ordinance of the city, the city council hereby establishes four classifications of penalties which may be imposed for violation of such code or ordinances and prescribes the fines and terms of imprisonment applicable to each, as follows:
A. Class B Misdemeanor. A fine up to $1,000 or by a term of imprisonment up to six months, or by both such fine and/or imprisonment.
B. Class C Misdemeanor. A fine up to $750.00 or by a term of imprisonment up to 90 days, or by both such fine and/or imprisonment.
C. Infraction. A fine up to $750.00, but no term of imprisonment.
D. Civil.
1. Except as provided in subsection (D)(2) 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 Section 76-3-301, Utah Code Annotated 1953.
2. A municipality may not impose a civil penalty and adjudication for the violation of a municipal moving traffic ordinance, except as authorized in Section 10-3-703.5, Utah Code Annotated 1953.
Any offense designated a misdemeanor without specification as to class shall be a class B misdemeanor.
In any case where a person commits any act which is made unlawful or prohibited by this code, and no other specific penalty is prescribed, such person shall be deemed guilty of a class B misdemeanor; provided, that where the text of this code specifically provides a different penalty, the applicable penalty for violation of such provision shall be as stated therein. [Ord. 2018-1. Code 1988 § 1-4-2].
1.30.020 Conflicting penalty provisions.
In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed; but not more than one penalty shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a penalty so as to bar any other penalty being enforced. (Section 10-8-84, Utah Code Annotated 1953) [Code 1988 § 1-4-3].
1.30.030 Penalty for violation of zoning, subdivision, and building codes.
It shall be a class B misdemeanor, as defined by the Utah Code, for any person to violate any zoning, subdivision, official map ordinance, or building regulation of Helper City. Each day of a violation shall constitute a separate offense. [Ord. 2006-2].