10-3-703. Criminal penalties for violation of ordinance -- Civil penalties prohibited -- Exceptions.
(1) 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, by a term of imprisonment up to six months, or by both the fine and term of imprisonment. 76-3-301 Notwithstanding Subsection, 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, or an individual's use of the individual's residence unless: (1)(a) 4-12-102 the violation: is a private nuisance as that term is defined in Section; and 78B-6a-101 threatens the health, safety, or welfare of the individual or an identifiable third party; or 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. Subsectiondoes not apply to municipal enforcement of a building code or fire code ordinance in accordance with. (1)(b) Title 15A, State Construction and Fire Codes Act
(2) Except as provided in Subsection, 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. (2)(b) 76-3-301 A municipality may not impose a civil penalty and adjudication for the violation of a municipal moving traffic ordinance.
(3) Except as provided in Subsectionor Section, a municipal officer or official who is not a law enforcement officer described in Sectionor a special function officer described in Sectionmay not issue a criminal citation for a violation that is punished as a misdemeanor. (3)(b) 77-7-18 53-13-103 53-13-105 Notwithstanding Subsectionor, 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: (1) (3)(a) a fire officer described in Section; or 53-7-102 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 Subsectionthat is ongoing. (1)(b)