Chapter 1.25
GENERAL PENALTY
Sections:
Article I. Classification of Offenses
1.25.010 Sentencing in accordance with chapter.
1.25.020 Designation of offenses.
1.25.030 Misdemeanors classified.
1.25.050 Continuing violation.
Article II. Sentencing
1.25.060 Sentences or combination of sentences allowed – Civil penalties.
1.25.070 Misdemeanor conviction – Term of imprisonment.
1.25.080 Infraction conviction – Fine, forfeiture, and disqualification.
Article III. Fines and Special Sanctions
1.25.100 Fines of corporations, associations, partnerships, or governmental instrumentalities.
Article IV. Limitations and Special Provisions on Sentences
1.25.110 Incorporation of state code.
Article I. Classification of Offenses
1.25.010 Sentencing in accordance with chapter.
(1) A person adjudged guilty of an offense under this code or the ordinances of this city 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. [Code 1997 § 1-3-11.]
1.25.020 Designation of offenses.
Offenses are designated as misdemeanors or infractions. [Code 1997 § 1-3-12.]
1.25.030 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 city, when no other specification as to punishment or category is made, is a class B misdemeanor. [Code 1997 § 1-3-13.]
1.25.040 Infractions.
(1) Infractions are not classified.
(2) Any offense which is made an infraction in this code or other ordinances of this city or which is expressly designated an infraction and any offense designated by this code or other ordinances of this city which is not designated as a misdemeanor and for which no penalty is specified is an infraction. [Code 1997 § 1-3-14.]
1.25.050 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. [Code 1997 § 1-3-15.]
Article II. Sentencing
1.25.060 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) Reserved.
(3) To probation; or
(4) To imprisonment. [Code 1997 § 1-3-21.]
1.25.070 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 90 days. [Code 1997 § 1-3-22.]
1.25.080 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. [Code 1997 § 1-3-23.]
Article III. Fines and Special Sanctions
1.25.090 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 $1,000 when the conviction is of a class B misdemeanor or a fine not to exceed $500.00 when the conviction is of class C misdemeanor or infraction; and any higher amounts specifically authorized by statute. [Code 1997 § 1-3-31.]
1.25.100 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 city or for any offense defined outside of this code over which this city has jurisdiction, for which no special corporate fine is specified, shall be sentenced to pay an amount, fixed by the court, not exceeding $5,000 when the conviction is for a class B misdemeanor and shall be sentenced to pay an amount fixed by the court not exceeding $1,000 when the conviction is for a class C misdemeanor or for an infraction. [Code 1997 § 1-3-32.]
Article IV. Limitations and Special Provisions on Sentences
1.25.110 Incorporation of state code.
The provisions of Sections 76-3-401 through 76-3-405, Utah Code Annotated 1953, are hereby adopted and incorporated herein by reference, as such limitations and special provisions on sentences apply to misdemeanors. [Code 1997 § 1-3-41.]