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

403 words·~2 min read·/ut/title-10/chapter-3/10-3-703

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(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.

(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:

(i)the violation:

(A)is a private nuisance as that term is defined in Section 78B-6a-101 ; and

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

(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.

(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 .

(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 .

(b)A municipality may not impose a civil penalty and adjudication for the violation of a municipal moving traffic ordinance.

(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.

(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:

(i)a fire officer described in Section 53-7-102 ; or

(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.

Amended by Chapter 401 , 2026 General Session