(A) There is hereby created an Ordinance Violations Bureau for the city and the Clerk-Treasurer shall serve as Administrator and Violations Clerk of the Bureau.
(B) The Violations Clerk may accept written appearances, waivers of trial, admissions of violations, and payment of civil penalties of not more than $250 in ordinance violation cases.
(C) Notwithstanding other provisions as to civil penalties that exist throughout the Municipal Code of the City of Frankfort, the offender may, prior to the initial hearing, admit said violation before the Violations Clerk and pay civil penalty according to the following schedule.
City Code Section | Violation | Civil Penalty Amount |
City Code Section | Violation | Civil Penalty Amount |
Chapters 71 and 78 | Traffic Rules and Regulations | $30 (first offense) |
Mopeds | $60 (second offense within 12 months of first offense) | |
$90 (third or subsequent offense within 12 months of first offense) | ||
Chapters 72 and 73 | Parking | $20 |
All other violations of Chapter 90 except for §§ 90.03 and 90.25 | $25 (first offense) | |
$50 (second offense within 12 months of first offense) | ||
$100 (third or subsequent offense within 12 months of first offense) | ||
90.03(B) | Animal At Large | $50 (first offense) |
$75 (second offense within 12 months of first offense) | ||
$100 (third or subsequent offense within 12 months of first offense) | ||
Civil Emergencies | $30 (first offense) | |
$60 (second offense within 12 months of first offense) | ||
$90 (third or subsequent offense within 12 months of first offense) | ||
Noise Control | $30 (first offense) | |
$60 (second offense within 12 months of first offense) | ||
$90 (third or subsequent offense within 12 months of first offense) | ||
Nuisance (provided all cited violations have been abated and excepting violations of the Property Maintenance Code) | $25 (first offense) | |
$50 (second offense within 12 months of first offense) | ||
$75 (third or subsequent offense within 12 months of first offense) | ||
$100 (fourth of subsequent offense within 12 months of first offense) | ||
Trash | $25 (first offense) | |
$50 (second offense within 12 months of first offense) | ||
$75 (third or subsequent offense within 12 months of first offense) | ||
(D) Where a subsequent violation is charged, it must be specifically stated on the written citation for the enhanced penalty to be applied through the Violations Bureau.
(E) All payments to the Violations Clerk in satisfaction of the penalties stated above must be by bank treasurer's check, cashier's check, money order or certified check.
(F) If any person charged with a code violation does not admit the civil violation(s), as charged, before the Violations Clerk and pay the proscribed civil penalty within 30 days of receipt of the citation and prior to the date noticed for hearing, then such person must appear before the Frankfort City Court as noticed.
(G) The opportunity to appear before the Violations Clerk and to admit the violation and to pay a civil penalty to the Violations Bureau, shall only apply to citations pending before the Frankfort City Court and shall, specifically, not be available where civil complaints for ordinance violations are filed in Clinton Circuit Court or Clinton Superior Court.
(H) (1) All civil penalty amounts collected through the Violations Bureau, with the exception of penalties collected under Chapter 96, Chapter 98, and penalties collected under Chapter 90 for citations written by employees of the Humane Society of Clinton County, Inc., shall be deposited into the following city funds in the respective portions shown:
(a) One-fourth to city General Fund;
(b) One-fourth to the Clerk-Treasurer Administrative Fund; and
(c) One-half to the Police Equipment and Training Fund.
(2) Civil penalties collected through the Violations Bureau for Chapter 96 and Chapter 98 violations shall be deposited into the following city funds in the respective portions shows:
(a) One-fourth to city General Fund;
(b) One-fourth to the Clerk-Treasurer Administrative Fund; and
(c) One-half to the City Engineer's Equipment, Training and Supply Fund.
(3) Civil penalties collected through the Violations Bureau for citations written by employees of the Humane Society of Clinton County, Inc. shall be deposited into the following city funds in the respective portions shown:
(a) One-half to the Clerk-Treasurer Administrative Fund; and
(b) One-half to a city fund hereby created and identified as the Humane Society Enforcement Fund, which fund shall be utilized and administered by the Board of Public Works and Safety, to compensate Clinton County, Indiana, through its Board of Commissioners, for Clinton County’s financial support of the Humane Society of Clinton County, Inc.
(Ord. CO-88-18, passed 1-23-89; Am. Ord. CO-90-11, passed 12-10-90; Am. Ord. CO-18-16C, passed 3-9-09; Am. Ord. 11-02A, passed 4-11-11; Am. Ord. 11-07, passed 5-23-11; Am. Ord. 17-08, passed 8-14-17)
Statutory reference:
Authority to establish Ordinance Violations Bureau, see I.C. 33-36-2-1