§ 10.99 GENERAL PENALTY.

   (A)   General penalty.

      (1)   Except in cases where a different punishment is prescribed, any person or entity convicted of an ordinance violation shall be punished by a fine not exceeding $2,500 for the first violation and $7,500 for the second and subsequent violation(s). Each day a violation of this code of ordinances is committed and/or continued may constitute a separate offense. Where applicable, attorney fees and other court costs may apply.

      (2)   A person or entity violating any provision of this code of ordinances shall be guilty of an ordinance violation.

   (B)   The town may bring a civil action to enjoin any person or entity from:

      (1)   Violating any ordinance regulating or prohibiting a condition or use of property; or

      (2)   Engaging in conduct without a license if any ordinance requires a license to engage in the conduct.

   (C)   A court may suspend all or any part of a penalty imposed for an ordinance violation and may require as a condition of such suspension that the code violator shall perform uncompensated work that benefits the community.

   (D)   In the event that the town is required to utilize the services of the Town Attorney or any other attorney in enforcing any provisions of the Cloverdale Town Code, or in a subsequent challenge to the town’s enforcement of its ordinances, or in any legal challenge or litigation, whether initiated by the town or not, and the town is successful in the aforementioned proceedings, appeal, or other appropriate proceeding, the respondent, defendant, or party investigated for a violation of the town’s ordinances shall pay the town’s reasonable attorney’s fees and all costs related to the investigation of the chapter, unless such attorney’s fees or the costs are specifically waived by the Town Council.

   (E)   (1)   After three consecutive violations of the same ordinance, and not including those penalties described in division (E)(3), of which detail the steps the town may take after three consecutive violations, the violator shall be prescribed a reasonable fee for non-compliance with the ordinance.

      (2)   Pursuant to § 32.07, the town may offer a deferral program to individuals or entities cited for ordinance violations. The Violations Clerk of the Violations Bureau may accept monetary fees for all ordinance violations in which the fee for said ordinance violation is no more than $250.

      (3)   Specified code penalties.

Section	Description	1st Violation	2nd Violation	Subsequent Violation(s)
General Penalties
§ 70.04(A)	Parking violations	$10	$20	$20
§ 70.04(B)	Parking violations II	$25	$50	$50
§ 70.04(C)	Parking violations III	$15	$30	$30
§ 70.04(D)	Parking violations IV	$25	$50	$50
§§ 70.20 - 70.24	Commercial trucks	$500	$1,000	$1,000
§ 70.25*	Truck routes	$150	$500	$500
§§ 90.01 - 90.05	Nuisances	$250 - ten days to comply before issuance of a new citation	$500 - ten days to comply before issuance of a new citation	$500 - ten days to comply before issuance of a new citation
§ 90.02(E)	Illegal dumping	$3,500	$3,500	$3,500
§ 90.20	Noise	$250	$500	$1,000
§ 90.35 et seq.	Abandoned vehicles	$250 - 72 hours to comply before issuance of a new citation	$500 - 72 hours to comply before issuance of a new citation	$500 - 72 hours to comply before issuance of a new citation. Every citation following the third consecutive violation shall be assessed at a fine of $500
§§ 93.01 - 93.03	Fire control	$250	$500	$500
§§ 110.01 - 110.06	Business regulations	$250	$500	$500
§§ 111.02 - 111.13	Peddlers, solicitors, and canvassers	$250	$250	$250
§ 130.01	Firearm control	$250	$500	$500
§§ 131.01 - 131.02	Curfew - minors	$250	$250	$250
§§ 150.15 - 150.22	Blasting; see § 150.99(D)	$500	$1,000	$1,000
§§ 152.01 - 152.08	Streets, sidewalks, alleys	$250	$500	$500
§§ 154.16 - 154.24	Land usage	$500* - For non-complianc e, a new violation occurs every 30 days from the Hearing Authority’s issuance of its enforcement order. The clock for issuance of new citations for non-complianc e will be stopped in the event of judicial review of the Hearing Authority’s findings	$500*	$500*
§§ 155.01 - 155.22	Building Code	$250 - ten days to comply before issuance of a new citation	$500 - ten days to comply before issuance of a new citation	$500 - every violation, following three precedent violations, shall be assessed a $500 citation for each occurrence
§§ 156.01 - 156.352	Zoning ordinances	$500 - ten days to comply before issuance of a new citation	$500 - ten days to comply before issuance of a new citation	$500 - every violation, following three precedent violations, shall be assessed a $500 citation for each occurrence
Animal Control Penalties
§ 91.02	Control/restrain animal	$100	$250	$500 - every violation, following three precedent violations, shall be assessed a $500 citation for each occurrence
§ 91.04	Animal at large	$100	$250	$500 - every violation, following three precedent violations, shall be assessed a $500 citation for each occurrence
§ 91.05	Confinement/muz zling of dogs	$100	$250	$250
§ 91.06	Control/dispositio n of dangerous animals	$100	$250	$500
§ 91.07	Loud animals	$25	$50	$50
§ 91.08	Name tags	$10	$25	$50
§ 91.09	Wild animal(s)	$250	$500	$500
§ 91.10	Treatment and care of animals	$100	$250	$500
§ 91.11	Animal waste	$10	$25	$50
§ 91.12	Removal of dead animals	$25	$50	$100
§ 91.13	Operation of kennels and the like	$250	$500	$1,000
§ 91.14	Sale of young animals	$50	$100	$250
§ 91.15	Dog tax — one or two dogs	$10 each
	Non-compliance fee — one or two dogs	$25	$50	$50
	Dog tax — three to five dogs	$20 each
	Non-compliance fee — three to five dogs	$60	$80	$80
	Dog tax — five or more dogs	$50 each for dogs six months or older. Owner is required to have a kennel license through the State of Indiana
	Non-compliance fee — five or more dogs	$75	$100	$100
§ 91.03	Impoundment of animal	$25 plus boarding fees	$50 plus boarding fees	$100 plus boarding fees
*Total costs for boarding fees are not known. This fee will be assessed and collected by the Putnam County Humane Society Shelter.
Water and Sewer - Public Works
§ 50.20	Fire hydrants	$1,000 for ordinance violation	$2,000 for ordinance violation in the same calendar year	$2,500 for ordinance violation in the same calendar year
		Additionally: liable for all water used, in addition to any damage or repairs resulting from unauthorized use.
§ 50.21	Meter pit	$250	$500	$1,000
		Additionally: liable for any and all damage, either directly or indirectly, resulting from unauthorized tampering or entry. *See also § 50.21 for penalties for theft.
§§ 51.20 - 51.24	Water control	$250.00, per violation, per day
		Any person violating these provisions shall be liable for any expense, loss, or damage occasioned by the town by reason of such violation.
§§ 51.39 or 51.40	Conservation of water	$250	$500	$1,000
§§ 52.001 - 52.016	Sewer violations; see § 52.999 for other fees and liabilities	$500	$500	$500
§ 52.042	Sewer violations	$500	$500	$500
§§ 52.075 - 52.079	Sewer violations	$250	$250	$250
Miscellaneous Ordinance Violations
§ 30.16	Securing Town Hall	$250 for first 30 minutes	$500 thereafter for every 30 minutes
§ 90.22	Animal noise	$25	$25	$25
§§ 93.01 - 93.03	Burning	$50	$100	$150
§§ 110.01 - 110.06	Licenses	$50	$100	$150
§§ 111.01 - 111.08, §§ 111.12, 111.13	Peddlers, solicitors, and canvassers	$50	$100	$150
§ 150.01	Land usage	$50	$50	$50
§ 153.25	Unlawful growth	$25	$50	$100
§§ 155.01 - 155.22	Building requirements	$100	$250	$500
Entire Code of Ordinances	Unspecified ordinance violation penalties - in the event that an ordinance is not prescribed a specific penalty, the following penalty structure shall act as a “catch all” and prescribe a generalized monetary penalty for each violation	$100	$250	$500

 

(Prior Code, § 1-9) (Ord. 2019-4, passed 7-9-2019)

Statutory reference:

   Authorizes a maximum fine of $2,500 for an ordinance violation, see I.C. 36-1-3-8

   Class C infractions, see I.C. 34-28-5-4

   Application of certain amendments to prior law, see I.C. 34-28-5-0.2

   Infraction and ordinance violation enforcement proceedings, see I.C. 34-28-5-0.2 through 34-28-5-17

   Injunctions, see I.C. 36-1-6-4

   Ordinance violations affecting real property and the town taking expenses of compliance as a lien against the property, see I.C. 36-1-6-2