Chapter 1.16
GENERAL PENALTY

Sections:

1.16.010    Classification of offenses.

1.16.020    Sentencing.

1.16.030    Fines and special sanctions.

1.16.040    Limitations and special provisions on sentences—Incorporation of state code.

1.16.010 Classification of offenses.

A. Sentencing in Accordance with Chapter.

1. A person adjudged guilty of an offense under this code or the ordinances of this municipality shall be sentenced in accordance with the provisions of this chapter.

2. 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.

B. Designation of Offenses. Offenses are designated as misdemeanors or infractions.

C. Misdemeanors Classified.

1. Misdemeanors are classified into two categories:

a. Class B misdemeanors;

b. Class C misdemeanors.

2. An offense designated as a misdemeanor or any act prohibited or declared to be unlawful in this code or in an ordinance of this municipality when no other specification as to punishment or category is made, is a Class B misdemeanor.

D. Infractions.

1. Infractions are not classified.

2. Any offense which is made an infraction in this code or other ordinances of this municipality or which is expressly designated an infraction and any offense designated by this code or other ordinances of this municipality which is not designated as a misdemeanor and for which no penalty is specified is an infraction.

E. Continuing Violation. In all instances where the violation of these ordinances 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 §§ 1-311-1-315)

1.16.020 Sentencing.

A. Sentences or Combination of Sentences Allowed—Civil Penalties. Within the limits prescribed by this code, a court may sentence a person adjudged guilty of an offense to any one of the following sentences or a combination of such sentences:

1. To pay a fine; or

2. To probation; or

3. To imprisonment.

B. Misdemeanor Conviction—Term of Imprisonment. A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:

1. In the case of a Class B misdemeanor, for a term not exceeding six months;

2. In the case of a Class C misdemeanor, for a term not exceeding ninety (90) days.

C. Infraction Conviction—Fine, forfeiture and disqualification.

1. A person convicted of an infraction may not be imprisoned but may be subject to a fine, forfeiture or both.

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. (Prior code §§ 1-321-1-323)

1.16.030 Fines and special sanctions.

A. Fines of Persons. A person who has been convicted of an offense may, in addition to any term of imprisonment imposed, be sentenced to pay a fine not to exceed one thousand dollars ($1,000.00) when the conviction is of a Class B misdemeanor, and a fine not to exceed five hundred dollars ($500.00) when the conviction is a Class C misdemeanor or infraction.

B. Fines of Corporations, Associations, Partnerships or Governmental Instrumentalities. 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 municipality or for any offense defined outside of this code over which this municipality has jurisdiction, for which no special corporate fine is specified, shall be sentenced to pay an amount, fixed by the court, not exceeding one thousand dollars ($1,000.00) when the conviction is for a Class B misdemeanor, and an amount fixed by the court, not exceeding five hundred dollars ($500.00) when the conviction is of a Class C misdemeanor or infraction. (Ord. 87-215 § 7: prior code §§ 1-331, 1-332)

1.16.040 Limitations and special provisions on sentences—Incorporation of state code.

The provisions of Utah Code Annotated 763-401 through 76-3-405 are adopted and incorporated herein by reference, as such limitations and special provisions on sentences apply to misdemeanors. (Prior code § 1-341)