A. General Penalty: Any person convicted of violating any provision of the ordinances codified in this code, or ordinances hereafter enacted, shall be guilty of a class B misdemeanor unless otherwise specified in such ordinance or interpreted by the court as a class C misdemeanor or infraction, and such violations shall be punished as follows:
1. For any person, other than a corporation, association, partnership, or governmental instrumentality, convicted of an offense:
a. In the case of a class B misdemeanor, by a fine in any sum not exceeding one thousand dollars ($1,000.00) or by imprisonment for a term not longer than six (6) months, or by both such fine and imprisonment;
b. In the case of a class C misdemeanor, by a fine in any sum not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment; and
c. In the case of an infraction, by a fine in any sum not exceeding five hundred dollars ($500.00).
2. For a corporation, association, partnership, or governmental instrumentality convicted of an offense:
a. For a class B misdemeanor shall be in an amount not exceeding five thousand dollars ($5,000.00); and
b. For a class C misdemeanor or an infraction shall be an amount not exceeding one thousand dollars ($1,000.00).
1. In addition to the penalties provided above, a court upon conviction may sentence a person convicted of an offense, other than a violation of title 10 of this code, to a civil penalty in the following amounts:
a. For any violation where the city provided prior notice of such violation and the person failed to comply with such notice, a civil penalty in the amount of five hundred dollars ($500.00).
b. For any violation of title 11, "Police Regulations", of this code where the person was convicted of the same offense within the last two (2) years, or where the person was convicted of a felony within the last four (4) years, a civil penalty in the following amounts:
Class B misdemeanor - $200.00
Class C misdemeanor/infraction - 100.00
c. For a violation of title 13, "Animals", of this code where the person was convicted of the same offense within the last two (2) years, a civil penalty in the following amounts for the following violations:
(1) Roaming dog violation or otherwise failing to keep a dog from running at large in violation of section 13-2-6 of this code, a civil penalty in the amount of one hundred dollars ($100.00); or
(2) Barking dog violation or otherwise maintaining a public nuisance in violation of subsection 13-2-7A4 of this code, a civil penalty in the amount of one hundred dollars ($100.00).
(3) Maintaining a public nuisance determined to be a dangerous dog or vicious animal in violation of subsection 13-2-7A6 or A7 of this code, a civil penalty in the amount of five hundred dollars ($500.00).
d. For a violation of title 12, chapter 14, "Noise", of this code where the person was convicted of the same offense within the last two (2) years, a civil penalty in the amount of one hundred fifty dollars ($150.00).
2. In no event shall a civil penalty when combined with any fine imposed by the court exceed the maximum fine that may be imposed for such offense, and such civil penalty shall be reduced accordingly.
3. No more than one civil penalty shall be imposed under this code for any single criminal episode, and the highest applicable civil penalty shall apply.
4. Civil penalties imposed under this section may be satisfied through the performance of community service with the city at a rate equal to the minimum wage.
5. The city, at its own option, may pursue independent collection of such civil penalties in the civil courts if not collected by the court having jurisdiction over the criminal offense.
D. Restitution: The court may also require a convicted defendant to make restitution as provided in the crime victims restitution act, chapter 38a, title 77, Utah Code Annotated, or its successor provisions, which order may include costs incurred by the city in abating a public nuisance related to the offense for which the defendant is responsible.
E. Prosecution Of Individual Not Precluded: A prosecution of, or civil action against, a corporation, association or partnership, as an entity, shall not preclude prosecutions of, or civil actions against, individuals responsible for the action of such entities and shall not preclude a separate fine, civil penalty or imprisonment or combination thereof for those individuals, as well as a separate fine or civil penalty for the business entity.
(Ord. 2005-29, 5-24-2005)
