(A) Upon judgment for the town in legal proceedings brought pursuant to this subchapter, an accounting shall be made by such defendant of all moneys or valuable consideration received by them which have been declared to be a public nuisance under this subchapter. Such moneys or their equivalent and any other valuable consideration received shall be forfeited to the general fund of the town or to the town as property of the town if any valuable consideration received not be money.
(B) The cost of abatement shall include the following:
(1) Investigative costs;
(2) Court costs;
(3) Reasonable attorney’s fees arising out of the preparation for, and trial of the cause, and appeals therefrom, and other costs allowed on appeal.
(C) Upon obtaining judgment in a civil action pursuant to this subchapter, the costs of abatement shall, by special ordinance, be made a lien against such property and a personal obligation against the theater operator and property owner and shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary municipal taxes. All laws, applicable to the levy, collection, and enforcement of municipal taxes, shall be applicable to such special assessment.
(‘82 Code, § 21-250)
EDITOR’S NOTE:
This chapter contains references to those sections of state law which prohibit the most common offenses against public morals. These citations are intended only as convenient references. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.
OFFENSE | IC SECTION |
OFFENSE | IC SECTION |
ACTIVITIES RELATED TO OBSCENE PERFORMANCE | 35-49-3-2 |
IMPORTATION OR DISTRIBUTION OF OBSCENE MATTER | 35-49-3-1 |
PROVIDING OBSCENE MATTER AND PERFORMANCES BEFORE MINORS | 35-49-3-3 |
PROSTITUTION OFFENSES | |
Patronizing prostitute | 35-45-4-3 |
Promoting prostitution | 35-45-4-4 |
Prostitution | 35-45-4-2 |
VOYEURISM | 35-45-4-5 |