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HomeMy Public PortalAboutORD-CC-1986-06CITY OF MOAB ORDINANCE NO. 86-06 AN ORDINANCE AMENDING THE MOAB CITY CODE TO COMPLY WITH THE UTAH CODE ANNOTATED, AS AMENDED, IN REGARD TO PENALTIES FOR INFRAC- TIONS, CLASS C MISDEMEANORS, AND CLASS B MISDEMEANORS. PREAMBLCs WHEREAS, the Utah State Legislature has revised the provisions of the Utah Code dealing with Infractions, Class C Misdemeanors, and Class B Misdemeanors: and WHEREAS, it is in the best interest of this municipality to amend the Moab City Code co conform with the penalties as proscribed by the Utah Code Annotated, as amended by the 1986 Legislature. NOW THEREFORE, be it ordained by the City Council of the City of Moab that Sections of the Moab City Code of 1986 be amended as follows' Section 1. Section 1.08.010 is amended to read as follows: 1.013.I15 Designated --Continuing violations. A. Whenever in this coae or in any other ordinance of the city or in any rule, regulation or order promulagated or issued pursuant thereto any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act, is declared to be unlawful or a misdemeanor, when no specific penalty is provided therefor, the violation of any such provision of this code or any other ordinance of the city or any such rule, regulation or order shall be punished by fine not more than one thousand dollars or by imprisonment for a period not longer than six months or both such fine and imprisonment. B. Every day any violation of this code or any other ordi- nance of the city or rule, regulation or order promulagated or issued pursuant thereto shall continue, shall constitute a sep- arate offence. Section 2. Section 1.08.030 is amended to react as follows: rtA- 130 Class B Misdemeanor. All violations of the city code, un—Tess ot777, se specified, are classified as Class B misde- meanors, punishable by a fine not to exceed the sum of one thou- sand dollars, or by imprisonment in the county jail for a period not to exceed six months. or by both such fine and imprisonment. Section 3. Section 5.12.170 is amended to read as follows: 3.12.170 Violations--Penaltv. Any person firm or corporation v:o acing any provisions or this chapter shall, upon conviction thereof be punished by a fine of not to exceed the sum of five hundred dollars. Section 4. Section 5.20.550 is amended to read as follows: 3.20.550 Violation --penalty. Any person who shall engage in the business of retail or selling beer within the corporate limits of the city without having an appropriate license therefor, from the city or whose license has been revoked, suspended or cancelled, or who shall violate any of the terms, clauses or conditions of this article shall be guilty of Class B misdemeanor. Section 5. Section 6.04.400 is amended to read as follows: Z.04.400 Cruelty to animals a Class B Misdemeanor. Every person who within the limits of the ccity,"is cruel to animals in any of the following ways, is guilty of a Class B Misdemeanor: A. By overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating or cruelly killing any animal or causing or knowingly allowing the same to be done; B. By cruelly working any old, maimed, infirm, sick or disabled animal, or causing or knowingly allowing the same to be done; C. By unnecessarily failing to provide any animal in his charge or custody. as owner or otherwise, with proper food, drink and shelter; D. By abandoning any old, maimed, infirm, sick or disabled animal; E. By carrying or driving, or causing to be carried, driven or kept, any animal in an unnecessarily cruel manner; F. By carrying or driving, or causing to be carried or driven, any animal bound or tied by its legs or bound down by the neck, so that it cannot freely stand in an upright position while being transported. Section 6. Section 6.04.470 is amended to read as follows: b.04.470 Poisoning Animals. Every person who wilfully, unlawful- ly, and maliciously administers any poison to any animal, the property of another, or maliciously exposes any poisonous sub- stance with intent that the same shall be taken or swallowed by any such animal, is guilty of a Class B misdemeanor. Section 7. Section 6.04.620 is amended to read as follows: 6.04.670 Violation --Penalty. Any person violating any provision of this chapter, whether by act of commission or act of omission, unless otherwise specified, shall be guilty of an infraction, and upon conviction thereof, shall be liable to punishment by a fine of not more than five hundred dollars. Section B. Section 9.04.130 is amended to read as follows: 0.04.130 Violation of Section 9.04.120--Penalty. Violation of the provision of Section 9.64.120, failure to appear in courr.shall be punished by a fine of not more than five hundred dollars, or imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment. Section 9. Section 9.04.140 is amended to read as follows: 9.04.130 Violation --penalty. Violation of the provisions of the 2 forgoing sections of this chapter, except as otherwise provided herein, shall be punished by a fine of not more than one thousand dollars. or by imprisonment in the county jail for not more than six months. or by both such fine and imprisonment. Section 10. Section 9.12.130. is amended to read as follows: 9.13.130 Possession of Marijuana. A. It is unlawful for any person nowingly and intsntionily to use. to possess or be prsent where marijuana is being used or possessed and the use or posses- sion is open, obvious, apparent. and not concealed from those present. No person shall be convicted under this section if the evidence shows that he did not possess or use the substance himself or advise. encourage, of assist anyone else to do so. B. Any person who violates Subsection A of this section 'hellion conviction, be fined not more than five hundred dollars. Section 11. That portion of Section 9.16.010 which reads as ofoi16ws, to -wit: 9.16.010 Disordely Conduct. Any person commit- ting any of the Vo110 ng acts ahall bee guilty of disorderly conduct and subject to the penalty set out for violation of this code, is amended to read as follows: 9.16.010 Disorderly Cond- uct.A. Any person committing any of the following acts shall—Ti yui ty of an infraction punishable by a fine not to exceed five hundred dollars. B. A11 subsections including A through K shall remain the same, and be in full force and effect. Section 12. Section 10.04.250 is amended to read as follows: 10.04.250 Violatoin--Penalty. Any person violating, causing or permmii-cc ng a violation of any provision of this chapter or the provisions adopted or incorporated by reference shall be guilty of a Class B midemeanor and shall be punished by a fine of not more than one thousand dollars or by a jail sentence not to exceed six month or by both such fine and imprisonment. Section 13. Section 10.08.100 is amended to read as follows:Sec- tion 0.08.100 Violation--Penalty.Any person violating, causing or permitting violation of any provisions of this chapter shall be guilty of an infraction and upon conviction shall be punished by a fine in an amount not to exceed five hundred dollars. Section 14. Section 12.20.040 is amended to read as follows: 12.20.540 Violation --Penalty. Any person violating any provision o—i shis chapter, whether by act of commission or act of omission, shall be guilty of an infraction, and upon conviction thereof, shall be liable to punishment by a fine of not more than five hundred dollars. Section 15. Section 15.40.310 is amended to read as follows: 15.40.310 Violation --Penalty. No structure or land shall herein- after be constructed. located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chap- ter by failure to comply with any of its requirments (including 3 violations of conditions and safeguards in connection with condi- tions) shall constitute an infraction. Any person who violates this chapter or fails to comply with any of its shall upon conviction be fined not more thee: Live hundredidollars for each violation, and in addition shall pay all expenses involved to the case. Nothing herei►. contained and prevent the city from taking such other lawful action shall necessary to prevent or remedy any violation. as 1a S6.28 Section 16. Section 16.28.060 is amended to read Seel -TOW 16.28.060 Violation--penalt as follows: of t �.a cot a ena .Whoever shall violate any of Misde- meanor and, upon conviction of any violation, ha of n Class B by a fine of not more than one thousand dollars. ,U.,r�e ponishable for not more than six month, or bybyfmpeis imprisonment, or by the penalty provided inbSecti;,n r1Qfi9and -30, Utah Code Annotated 1953, as amended. 17. Section tion 17.75.020 is amended to read as follows: T77757U20 Violation--penalt . A•; yor persons vio acin provisions firm. corporation, person be guilty of an infraction and euonconviction ththeis reofe shall be punished by a fine of not more than five hundred dollarsEach shall be violation shallobe dn. eemednguilty ofs, firm oa ser parate poration found guilty of day which any violation of any provision of thisence titleois acom- mitted, continued or permitted by such person corporation, and shall be punished as provided bypthsontthis ti firm or itle. Section 18. The Governing Soddy of Moab City, Utah, declares that tail o dinance is necessary for the immediate preservation of the peace, health and safety of the City of Moab and orders this ordinance to become effective upon publication. PASSED AND APPROVED by the City Council of Moab on the 5th day of November , 1586. -.) RAYMoND-4. PENS,Recor er 1 2 THOMAS A. STOCKS, Mayo-"