Chapter 1.12 ENFORCEMENT AND PENALTIES

A. The provisions of this code shall govern the construction of, the punishment for, and the defense against any offense defined in this code or, except where otherwise specifically provided or the context otherwise requires, any offense defined outside this code, if the offense was committed after the effective date of this code.

B. Any offense committed prior to the effective date of this code shall be governed by the ordinances of this town existing at the time of commission thereof, except that a defense or limitation on punishment available under this code shall be available to any defendant tried or retried after the effective date. An offense under this code shall be deemed to have been committed prior to the effective date of this code if any of the elements of the offense occurred prior to the effective date. [Code 1986 § 1-111.]

1.12.020 Purposes and principles of construction.

The provisions of this code shall be construed in accordance with these general purposes to:

A. Forbid and prevent the commission of offenses.

B. Define adequately the conduct and mental state which constitute each offense and safeguard conduct which is without fault from condemnation as criminal.

C. Prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders.

D. Prevent arbitrary or oppressive treatment of persons accused or convicted of offenses. [Code 1986 § 1-112.]

1.12.030 Crimes abolished.

No conduct is a crime or an offense unless made so by this code, or other ordinances or other applicable statute. [Code 1986 § 1-113.]

1.12.040 Strict construction rule not applicable.

The rule that a penal ordinance is to be strictly construed shall not apply to this code, or any of its provisions, or other ordinances of this town. All provisions of this code and offenses defined by it shall be construed according to the fair import of their terms to promote justice and to affect the objects of the law and general purposes of MMC 1.12.020. [Code 1986 § 1-114.]

1.12.050 Procedure – Governed by state and constitutional provisions – Liability for civil damages not affected.

A. Except as otherwise provided, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated by this code, but shall be in conformity with the laws of Utah and the Constitution of the United States.

B. This code does not bar, suspend, or otherwise affect any rights to or liability for damages, penalty, forfeiture, impeachment, or other remedy authorized by law to be covered or enforced in a civil action, administrative proceeding, or otherwise, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this code. [Code 1986 § 1-115.]

1.12.060 Jurisdiction of offenses.

A. A person is subject to prosecution in this town for an offense which he commits, while either within or outside the town, by his own conduct or that of another for which he is legally accountable, if:

1. The offense is committed either wholly or partly within the town; or

2. The conduct outside this town constitutes an attempt within this town; or

3. The conduct outside this town constitutes a conspiracy to commit an offense within this town and an act in furtherance of the conspiracy occurs in this town; or

4. The conduct within the town constitutes an attempt, solicitation or conspiracy to commit in another jurisdiction an offense under this code and such other jurisdiction.

B. An offense is committed partly within this town if either the conduct which is an element of the offense, or the result which is such an element, occurs within this town.

C. An offense which is based on an omission to perform a duty imposed by this code is committed within this town regardless of the location of the offender at the time of the omission. [Code 1986 § 1-121.]

1.12.070 Limitation of actions – Embezzlement of public moneys – Falsification of public records.

A prosecution for embezzlement of public moneys or the falsification of public records may be commenced at any time. [Code 1986 § 1-131.]

1.12.080 Limitation of actions – Misdemeanor – Any infraction – Commencement of prosecution.

A. Except as otherwise provided in MMC 1.12.070 through 1.12.110, prosecutions for other offenses are subject to the following periods of limitation:

1. A prosecution for a misdemeanor must be commenced within two years after it is committed;

2. A prosecution for any infraction must be commenced within one year after it is committed;

B. The prosecution is commenced on the filing of a complaint or information. [Code 1986 § 1-132.]

1.12.090 Limitation of actions – Fraud or breach of fiduciary obligation – Misconduct by public officer or employee.

If the period prescribed in MMC 1.12.080(A) has expired, a prosecution may nevertheless be commenced for:

A. Any offense, a material element of which is either fraud or a breach of fiduciary obligation, within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this provision extend beyond the period of limitation otherwise applicable by more than three years; and

B. Any offense based on misconduct in office by a public officer or employee at any time during the term of the defendant’s public office or the period of his public employment or within two years thereafter, but in no case shall this provision extend beyond the period of limitation otherwise applicable by more than three years. [Code 1986 § 1-133.]

1.12.100 Limitation of actions – Defendant out of state.

The period of limitation does not run against any defendant during any period of time he is out of the state following the commission of an offense. [Code 1986 § 1-134.]

1.12.110 Limitation of actions – Lesser included offense for which period of limitations has run.

Whenever a defendant is charged with an offense for which the period of limitations has not run and the defendant should be found guilty of a lesser offense for which the period of limitations has run, the finding of the lesser and included offense against which the statute of limitations has run shall not be a bar to punishment for the lesser offense. [Code 1986 § 1-135.]

1.12.120 “Single criminal episode” defined.

In this code, unless the context requires a different definition, “single criminal episode” means all conduct which is closely related in time and is incident to an attempt or an accomplishment of a single criminal objective. Nothing in MMC 1.12.120 through 1.12.140 shall be construed to limit or modify the joinder of offenses and defendants in criminal proceedings. [Code 1986 § 1-141.]

1.12.130 Incorporation by reference of provisions of state criminal code.

The provisions of Sections 76-1-402 through 76-1-405, Utah Code Annotated 1953, are hereby adopted as part of this code and incorporated herein by reference. [Code 1986 § 1-142.]

1.12.140 Joinder of offenses and defendants.

A. Two or more offenses under this code or the ordinances of this town may be charged in the same citation or complaint in a separate count for each offense if the offenses charged are of the same or similar character or are based on the same act or transgression or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

B. Two or more defendants may be charged in the same citation or complaint if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. [Code 1986 § 1-143.]

1.12.150 Burden of proof – Incorporation of state code.

The provisions of Sections 76-1-501 through 76-1-504, Utah Code Annotated 1953, are hereby adopted and incorporated herein by reference. [Code 1986 § 1-151.]

1.12.160 Definitions – Incorporation of state code.

The provisions of Section 76-1-601, Utah Code Annotated 1953, are hereby adopted and incorporated herein by reference. [Code 1986 § 1-161.]

Article II. Principles of Criminal Responsibility

1.12.170 Culpability generally – Incorporation of state code.

The provisions of Sections 76-2-101 through 76-2-105, Utah Code Annotated 1953, are hereby adopted and incorporated herein by reference. [Code 1986 § 1-211.]

1.12.180 Criminal responsibility for conduct of another – Incorporation of state code.

The provisions of Sections 76-2-201 through 76-2-205, Utah Code Annotated 1953, are hereby adopted as part of this code and incorporated herein by reference. [Code 1986 § 1-221.]

1.12.190 Defenses to criminal responsibility – Incorporation of state code.

The provisions of Sections 76-2-301 through 76-2-308, Utah Code Annotated 1953, are hereby adopted as part of this code and incorporated herein by reference. [Code 1986 § 1-231.]

1.12.200 Justification excluding criminal responsibility – Incorporation of state code.

The provisions of Sections 76-2-401 through 76-2-406, Utah Code Annotated 1953, are hereby adopted and incorporated herein by reference. [Code 1986 § 1-241.]

Article III. Punishments

1.12.210 Sentencing in accordance with chapter.

A. A person adjudged guilty of an offense under this code or the ordinances of this town shall be sentenced in accordance with the provisions of this article.

B. Ordinances enacted after the effective date of this code which involve an offense should be classified for sentencing purposes in accordance with this article, unless otherwise expressly provided. [Code 1986 § 1-311.]

1.12.220 Designation of offenses.

Offenses are designated as misdemeanors or infractions. [Code 1986 § 1-312.]

1.12.230 Misdemeanors classified.

A. Misdemeanors are classified into two categories:

1. Class B misdemeanors.

2. Class C misdemeanors.

B. An offense designated as a misdemeanor or any act prohibited or declared to be unlawful in this code or in an ordinance of this town, when no other specification as to punishment or category is made, is a class B misdemeanor. [Code 1986 § 1-313.]

1.12.240 Infractions.

A. Infractions are not classified.

B. Any offense which is made an infraction in this code or other ordinances of this town or which is expressly designated an infraction and any offense designated by this code or other ordinances of this town which is not designated as a misdemeanor and for which no penalty is specified is an infraction. [Code 1986 § 1-314.]

1.12.250 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 1986 § 1-315.]

1.12.260 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:

A. To pay a fine; or

B. To probation; or

C. To imprisonment. [Code 1986 § 1-321.]

1.12.270 Misdemeanor conviction – Term of imprisonment.

A. In the case of a class B misdemeanor, for a term not exceeding six months;

B. In the case of a class C misdemeanor, for a term not exceeding 90 days. [Code 1986 § 1-322.]

1.12.280 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 or both.

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. [Code 1986 § 1-323.]

1.12.290 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 $299.00 when the conviction is of a class B or C misdemeanor or infraction. [Code 1986 § 1-331.]

1.12.300 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 town or for any offense defined outside of this code over which this town 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. [Code 1986 § 1-332.]

1.12.310 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, are hereby adopted and incorporated herein by reference, as such limitations and special provisions on sentences apply to misdemeanors. [Code 1986 § 1-341.]

Article IV. Administrative Remedies – Hearings

1.12.320 Request.

Unless otherwise specifically provided in any ordinance of the town or any code adopted by reference, a hearing before the town council may be requested by any person:

A. Who is denied or refused a permit or license by any officer, agent or employee of this town.

B. Whose permit or license is revoked, restricted, qualified, or limited from that for which it was first issued. [Code 1986 § 1-411.]

1.12.330 Form of request.

The request for hearing must be made in writing to the mayor or clerk and made within 30 days following the date notice denying, refusing, qualifying, restricting or revoking the license or permit is mailed by the town to the applicant or license holder at his address as it appears on the application or license. [Code 1986 § 1-412.]

1.12.340 Procedure.

A. Following receipt of a request for hearing, the town council shall inform the person requesting a hearing of the time and place the hearing is to be held.

B. At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the town may produce to support its decision and to present his own evidence in support of his contention.

C. The town council shall, within 10 days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the town council. [Code 1986 § 1-413.]

1.12.350 Not additional remedy.

This article shall not be constructed so as to afford any aggrieved party more than one hearing before the town council nor shall the hearing provided in this article apply to any criminal complaint or proceeding. [Code 1986 § 1-414.]

Article V. Civil Liability

1.12.360 No liability on town.

None of the provisions of this code shall create any civil liability on the town, its officers or employees whether or not the code imposes mandatory or directional duties and whether or not the town, its officers or employees perform or do not perform such duties. [Code 1986 § 1-501.]