(A) (1) Any person, firm, corporation or entity violating any of the provisions of this chapter and these regulations, as amended from time to time, for which no other penalty is set forth herein shall be fined for each such violation and offense in an amount as set forth below. A separate offense shall be deemed committed on each day that a violation occurs or continues.
(a) First violation shall be a minimum fine not less than $50.
(b) Second violation shall be a minimum fine not less than $100.
(c) Third and subsequent violation shall be a minimum fine not less than $200.
(2) In addition to any fine or penalty imposed herein, the person, firm, corporation or entity violating any provisions of this chapter and these regulations, as amended from time to time, shall be responsible for all costs of abatement, title search fees, reasonable attorneys fees, court costs, if any, and the like. For each first offense of the provisions of this chapter and these regulations, as amended from time to time, the fine shall be in the amount of $50, and shall be payable through the Ordinance Violations Bureau of the town. Each second and subsequent offense thereafter shall carry a minimum fine of not less than $100.
(B) Any person, firm, corporation or entity, violating § 96.23(C) shall be fined $10 for the first citation violation, $20 for the second citation violation, $50 for the third citation violation, and $100 for the fourth and subsequent citation violations, in addition to all costs incurred by the town in enforcing that section, as amended from time to time, including court costs, reasonable attorneys fees, and the like.
(C) Any person who violates any provision of § 94.31, as amended from time to time, shall be liable for a fine of no less than $50 and no more than $2,500. Each day or part of a day such violation exists shall constitute a separate and distinct violation.
(D) (1) It shall be unlawful for any person to violate the provisions of §§ 93.50 and 93.51. Whenever any police officer or duly designated town representative issues a citation for a violation of those sections, that person shall take down the name, address, operator’s license number, and registration number of the vehicle, if readily available and applicable, and shall issue to the alleged violator, in writing on the form provided, a citation for a violation.
(a) A fine of no less than $25 and not more than $250 for the first offense; a fine of $250 for the second offense; a fine of $500 for the third offense; and a fine of $2,500 for the fourth and subsequent offenses during a 12-month period of time.
(b) Each incident that occurs shall constitute a separate offense.
(c) In the event that a sound violation persists, in lieu of the town assessing a fine for each day the sound continues, the Town Council, through its Town Attorney, may proceed to seek injunctive relief to enjoin the sound nuisance, pursuant to IC 36-1-6-4 and all other applicable law.
(Ord. 437, passed 3-11-87; Am. Ord. 641, passed 3-7-95; Am. Ord. 671A, passed 6-10-97; Am. Ord. 895, passed 5-18-04; Am. Ord. 986, passed 3-6-07; Am. Ord. 1022, passed 12-4-07)
Cross-reference:
Citation procedure, see § 10.99(D)