Chapter 1.20
PUNISHMENTS1
Sections:
1.20.010 Sentencing in accordance with chapter.
1.20.020 Designation and classification of offenses.
1.20.030 Sentences or combination of sentences allowed – Civil penalties.
1.20.040 Misdemeanor conviction – Term of imprisonment.
1.20.050 Infraction conviction – Fine, forfeiture, and disqualification.
1.20.070 Fines of corporations, associations, partnerships, or governmental instrumentalities.
1.20.090 Concurrent or consecutive sentences – Limitations.
1.20.100 Credit for good behavior.
1.20.110 Reference Utah Criminal Code.
1.20.010 Sentencing in accordance with chapter.
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the City ordinances is guilty of an offense. A person adjudged guilty of an offense under the City ordinances shall be punished in accordance with the provisions of this chapter. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.04.010.]
1.20.020 Designation and classification of offenses.
Offenses are designated as misdemeanors or infractions designated as follows:
(A) Misdemeanors.
(1) Misdemeanors are classified into two categories:
(a) Class B misdemeanors; and
(b) Class C misdemeanors.
(2) An offense designated a misdemeanor in City ordinances without specification as to punishment or category is a Class B misdemeanor.
(B) Infractions.
(1) Infractions are not classified.
(2) Any offense designated as an infraction within City ordinances and any offense defined within City ordinances which is not designated as a misdemeanor and for which no penalty is specified is an infraction. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.04.020.]
1.20.030 Sentences or combination of sentences allowed – Civil penalties.
(A) Within the limits prescribed by this chapter, a court may sentence a person adjudged guilty of an offense to any one of the following sentences or combination of such sentences:
(1) To pay a fine; or
(2) To probation; or
(3) To imprisonment.
(B) This chapter shall not deprive a court of authority conferred by law to forfeit property, dissolve a corporation, suspend, or cancel a license, or permit removal of a person from office, cite for contempt, or impose any other civil penalty. A civil penalty may be included in a sentence. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.04.030.]
1.20.040 Misdemeanor conviction – Term of imprisonment.
A person who has 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; and
(B) In the case of a Class C misdemeanor, for a term not exceeding 90 days. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.04.040.]
1.20.050 Infraction conviction – Fine, forfeiture, and disqualification.
(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 as for a Class C misdemeanor. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.04.050.]
1.20.060 Fines of persons.
A person who has been convicted of an offense may be sentenced to pay a fine in accordance with the applicable provisions of Title 76, Chapter 3, Utah Code Annotated 1953. [Ord. 21-30 § 1 (Exh. A); Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.04.060.]
1.20.070 Fines of corporations, associations, partnerships, or governmental instrumentalities.
(A) The sentence to pay a fine, when imposed upon a corporation, association, partnership, or governmental instrumentality for an offense defined in City ordinances for which no special corporate fine is specified shall be sentenced to pay an amount, fixed by the court, in accordance with the applicable provisions of Title 76, Chapter 3, Utah Code Annotated 1953.
(B) In the event a court of competent jurisdiction decrees that the City court does not have authority to fix fines under this section in excess of those provided for persons, then fines under this section shall be fixed in the same amounts as allowed for in SCC 1.20.060. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.04.070.]
1.20.080 Additional sanctions against corporation or association – Advertising of conviction – Disqualification of officer.
(A) When a corporation or association is convicted of an offense, the court may, in addition to or in lieu of imposing other authorized sanctions, require the corporation or association to give appropriate publicity of the conviction by notice to the class or classes of persons or section of the public interested in or affected by the conviction, by advertising in designated areas, or by designated media or otherwise.
(B) When an executive or high managerial officer of a corporation or association is convicted of an offense committed in furtherance of the affairs of the corporation or association, the court may include in the sentence an order disqualifying said person from exercising similar functions in the same or other corporations or associations for a period not exceeding five years if it finds the scope or willfulness of said person’s illegal actions make it dangerous or inadvisable for such functions to be entrusted to said person. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.04.080.]
1.20.090 Concurrent or consecutive sentences – Limitations.
(A) If a defendant has been adjudged guilty of more than one misdemeanor offense, sentences shall run concurrently unless the court states, in the sentence, that they shall run consecutively.
(B) A court shall consider the gravity and circumstances of the offenses and the history, character, and rehabilitative needs of the defendant in determining whether to impose consecutive sentences.
(C) A court may impose consecutive sentences for offenses arising out of a single course of criminal conduct. For the purposes of this section, “a single course of criminal conduct” means all conduct, including criminal solicitation and criminal conspiracy, incident to the attempt or accomplishment of a single criminal objective even though the harm is directed toward or inflicted upon more than one person or more than one offense is committed.
(D) Whenever a sentence is imposed or sentences are imposed to run concurrently with the other or with a sentence presently being served, the lesser sentence shall merge into the greater and the greater shall be the term to be served, and in the event of equal sentences, they shall merge into one sentence with the most recent conviction constituting the time to be served. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.04.090.]
1.20.100 Credit for good behavior.
In any commitment to imprisonment for a misdemeanor offense, the custodial authority, upon good behavior of the inmate and in the discretion of the custodial authority, may allow 10 days’ credit against the sentence to be served for every 30 days served, or two days’ credit for every 10 days served, when the period to be served is less than 30 days. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.04.100.]
1.20.110 Reference Utah Criminal Code.
This chapter shall be construed and interpreted in accordance with the provisions of Title 76, Chapter 3, Utah Code Annotated 1953, relating to punishments. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.04.110.]
Prior legislation: Amended 1986.