City of Naples, UT Chapter 1.10 GENERAL PENALTY

§ 1.10.010 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.

(Ord. 87-34 § 1-04-101, 1987)

§ 1.10.020 Designation of offenses.

Offenses are designated as infractions.

(Ord. 87-34 § 1-04-102, 1987)

§ 1.10.030 Misdemeanors and infractions classified.

(1) Misdemeanors are classified into two categories:

(a) Class B misdemeanors.

(b) Class C misdemeanors.

(2) Infractions are not classified.

(3) 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 an infraction.

(Ord. 87-34 § 1-04-103, 1987)

§ 1.10.040 Continuing violation.

In all instances where the violation of this code 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.

(Ord. 87-34 § 1-04-104, 1987)

§ 1.10.050 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 perform uncompensated work in the public interest; or

(3) To probation; or

(4) To imprisonment.

(Ord. 87-34 § 1-04-201, 1987)

§ 1.10.060 Misdemeanor conviction – Term of imprisonment.

(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.

(Ord. 87-34 § 1-04-202, 1987)

§ 1.10.070 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.

(Ord. 87-34 § 1-04-203, 1987)

§ 1.10.080 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 not to exceed $500.00 when the conviction is of a class C misdemeanor or an infraction.

(Ord. 87-34 § 1-04-301, 1987)

§ 1.10.090 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 $299.00 when the conviction is for a class B or C misdemeanor or infraction.

(Ord. 87-34 § 1-04-302, 1987)

§ 1.10.100 Limitations and special provisions on sentences – Incorporation of state code.

The provisions of Sections 76-3-401 through 76-3-405, Utah Code Annotated 1953, hereby adopted and incorporated herein by reference, as such limitations and special provisions on sentences apply to misdemeanors.

(Ord. 87-34 § 1-04-401, 1987)

§ 1.10.110 Prosecution.

Any offense which is made an infraction in this code or the laws and ordinances of this city shall be an infraction. Any offense designated as a misdemeanor may be prosecuted as an infraction if so stated by the city attorney on the criminal information which is filed with the court.[1]

(Ord. 96-73, 1996)

[1] Editor's Note: Appendix Consolidated bail schedules is included as an attachment to this title.