(A) The fine applicable for a penal violation of this code or a supplementary ordinance shall be determined as follows:
(1) Fixed fines. Some provisions of this code or a supplementary ordinance may fix a specific invariable amount of penalty (for example, $25) for the violation of the provision. In such instances, the fixed amount so fixed shall be deemed the amount of penalty requested by the municipal corporation under I.C. 34-28-5-4 and for all other purposes.
(2) Defined minimum and maximum fines.
(a) Most penal provisions of this code or supplementary ordinances will define a definite minimum and maximum penalty to be applied to a penal violation (for example, not less than $25 nor more than $50). In such instances, the amount of fine requested by the municipal corporation under I.C. 34-28-5-4 and for all other purposes in any particular case is to be determined as follows:
1. If it is the accused's first offense, the amount is the minimum so fixed;
2. If it is the accused's second offense (exclusive of similar offenses against statutes or offenses committed in other jurisdictions), the amount is the minimum amount fixed by the applicable provision plus one-half of the difference between the minimum and the maximum amount so fixed (for example, if the minimum fixed is $25 and the maximum is $50, the applicable requested fine for a second offense would be: $25 + ($50 - $25/2) = $37.50;
3. If it is the accused's third or subsequent offense (exclusive of similar offenses against statutes or offenses committed in other jurisdictions), the amount is the maximum amount so fixed.
(b) For purposes of this subsection, the court, police or other records available shall be used to determine what order of offense has been committed in a particular case. If such available records do not show otherwise, and if the accused does not admit otherwise, it may be assumed to be the accused's first offense.
(3) Maximum fine only defined. In a few cases, a penal provision of this code or a supplementary ordinance may define only a maximum penalty, but no minimum penalty (for example, not to exceed $25). In such cases, if the maximum fine so fixed is $5 or less, the maximum fine shall be deemed as the amount requested for purposes of I.C. 34-28-5-4 and for all other purposes in all cases. However, if the maximum amount exceeds $5, then $5 shall be deemed as the minimum amount ever to be requested, the maximum amount defined by the provision shall be deemed as the maximum amount ever applicable and the principles described under subsection (2) of this section shall be used to determine the actual fine requested in any particular case.
(4) Minimum fine only defined. In a very few cases, only a minimum fine may be prescribed for a penal violation of this code or a supplementary ordinance (for example, not less than $50). In these instances, for purposes of I.C. 34-28-5-4 or any other purpose, the minimum fine shall be deemed the minimum amount ever to be requested, the maximum amount ever applicable shall be deemed to be the maximum amount which a municipal corporation is then permitted to impose for the respective violation under I.C. 36-1-3-8(a)(10) or any other applicable statute and the principles described under subsection (2) of this section shall be used to determine the actual fine requested in any particular case.
(5) No specific fine defined. In very rare instances, a provision may be included in this code or a supplementary ordinance which is clearly suitable and intended to be enforced as a penal violation, but for which, through legislative inadvertence or otherwise, no fine has been defined at all. In these cases, subject to full judicial discretion as hereinafter provided, for purposes of I.C. 34-28-5-4 and for all other purposes, the maximum amount of fine which a municipal corporation may impose under I.C. 36-1-3-8(a)(10) shall be deemed as the fixed fine to be applied in accordance with subsection (1) of this section.
(B) The provisions of this section govern and may be relied upon as a determination of the fine requested by the municipal corporation in any particular instance of a penal violation whether or not the applicable requested fine has been specifically stated on any citation or other document submitted to an accused person or his or her representative, to a court or to any other person or officer who may be concerned in the determination of the requested fine. However, except as provided by I.C. 34-28-5-4, the judge of any court of jurisdiction is not hereby denied the discretionary power to impose a different penalty as in the judge's opinion may be warranted, either through direct judgment in a particular case or through adoption of a standard schedule of judgments applicable pursuant to the intent of § 33.29(B), but no other officer has the authority to amend a fine as determined under this section.
(`86 Code, § 1-4-23)