Section 10-3-703 - Criminal penalties for violation of ordinance - Civil penalties prohibited - Exceptions(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.(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 nuisance as defined in Subsection 78B-6-1101(1); 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.(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.(b) A municipality may not impose a civil penalty and adjudication for the violation of a municipal moving traffic ordinance.(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.(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 89, 2020 General Session ,§ 1, eff. 5/12/2020.Amended by Chapter 379, 2018 General Session ,§ 1, eff. 5/1/2018.Amended by Chapter 314, 2017 General Session ,§ 1, eff. 5/1/2018.Amended by Chapter 149, 2014 General Session ,§ 1, eff. 5/13/2014.Amended by Chapter 156, 2003 General Session