Utah § 10-3-703 Criminal penalties for violation of ordinance -- Civil penalties prohibited -- Exceptions.

Utah Statutes

§ 10-3-703 — Criminal penalties for violation of ordinance -- Civil penalties prohibited -- Exceptions.

Utah·Title 10 Utah Municipal Code·Ch. 10-3 Municipal Government·Part 10-3-7 Municipal Ordinances, Resolutions, and Procedure

(1)(1)(a) The governing body of a municipality may impose a criminal 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, by a term of imprisonment up to six months, or by both the fine and term of imprisonment.

(1)(b) Notwithstanding Subsection (1)(a), a municipality may not impose a criminal penalty greater than an infraction for a violation pertaining to an individual's pet, as defined in Section 4-12-102, or an individual's use of the individual's residence unless:

(1)(b)(i) the violation:

(1)(b)(i)(A) is a nuisance as that term is defined in Section 78B-6-1101; and

(1)(b)(i)(B) threatens the health, safety, or welfare of the individual or an identifiable third party; or

(1)(b)(ii) the municipality ha

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(1) (1)(a) The governing body of a municipality may impose a criminal 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, by a term of imprisonment up to six months, or by both the fine and term of imprisonment.
(1)(b) Notwithstanding Subsection (1)(a), a municipality may not impose a criminal penalty greater than an infraction for a violation pertaining to an individual's pet, as defined in Section 4-12-102, or an individual's use of the individual's residence unless:
(1)(b)(i) the violation:
(1)(b)(i)(A) is a nuisance as that term is defined in Section 78B-6-1101; and
(1)(b)(i)(B) threatens the health, safety, or welfare of the individual or an identifiable third party; or
(1)(b)(ii) the municipality has imposed a fine on the individual for a violation that involves the same residence or pet on three previous occasions within the past 12 months.
(1)(c) Subsection (1)(b) does not apply to municipal enforcement of a building code or fire code ordinance in accordance with Title 15A, State Construction and Fire Codes Act.
(2) (2)(a) Except as provided in Subsection (2)(b), the governing body may prescribe a 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.
(2)(b) A municipality may not impose a civil penalty and adjudication for the violation of a municipal moving traffic ordinance.
(3) (3)(a) Except as provided in Subsection (3)(b) or Section 77-7-18, a municipal officer or official who is not a law enforcement officer described in Section 53-13-103 or a special function officer described in Section 53-13-105 may not issue a criminal citation for a violation that is punished as a misdemeanor.
(3)(b) Notwithstanding Subsection (1) or (3)(a), the following may issue a criminal citation for a violation that is punished as a misdemeanor if the violation threatens the health and safety of an animal or the public:
(3)(b)(i) a fire officer described in Section 53-7-102; or
(3)(b)(ii) an animal control officer described in Section 11-46-102.
(4) A municipality may not issue more than one infraction within a 14-day time period for a violation described in Subsection (1)(b) that is ongoing.

Utah § 10-3-703 (Criminal penalties for violation of ordinance -- Civil penalties prohibited -- Exceptions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.