(A) Penalty Provision for violations of the code.
1. In all cases where the same offense is made punishable or is created by different clauses or sections of an ordinance the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
2. Whenever a minimum but not maximum fine or penalty is imposed, the court may in its discretion fine the offender any sum exceeding the minimum fine or penalty so imposed but not exceeding two thousand five hundred dollars ($2500.00) for each offense.
3. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of an ordinance, and there shall be no fine or penalty declared for such breach, any person found to have violated such section or provision shall be fined not more than two thousand five hundred dollars ($2500.00) for each offense.
4. A separate offense will be deemed committed on each day on or which a violation occurs or continues.
(B) Any Section of the code which refers to the penalty provision of this division may be admitted by the violator before the Clerk-Treasurer who shall serve as Violations Clerk, and pay the civil penalty described in this section in lieu of the filing of an ordinance violation. The maximum civil penalty which may be paid to the Violations Clerk is $250.00. In the event the violator does not wish to admit the violation and pay the civil penalty, or in the event that the civil penalty exceeds $250.00, the violation shall be filed in court, and the civil penalty described in this section shall be assessed upon judgment of an ordinance violation by the court.
(C) Specific Penalties.
(1) For violations of § 32.05, Prohibiting Pedestrians on the Racetrack:
(a) A person who violates the provisions of this Section shall be fined Two Hundred Fifty Dollars ($250.00).
(Ordinance No. 2004-10; passed September 20, 2004)
(2) For violations of § 32.06, Skateboards and Roller Blades:
(a) A person who violates the provisions of this Section shall be fined One Hundred Dollars ($100.00).
(Ordinance No. 2009-10, passed August 17, 2009)
(3) For violations of § 32.07, Fishing in the Town Pond:
(a) A person who violates the provisions of the Section shall be fined Two Hundred Dollars ($200.00) per fish found in the offender’s possession.
(Ordinance No. 2011-12, passed August 15, 2011)
(4) For violations of § 50.02, Sharing Utilities:
(a) A person who violates the provisions of this Section shall be fined Two Hundred Fifty Dollars ($250.00). The penalty may be enforced against either or both, the person providing the Service and/or the person accepting the Service.
(Ordinance No. 2015-3, passed May 18, 2015)
(5) For violations of § 51.01, Water Conservation:
(a) A person who violates the provisions of this Section shall be fined Two Hundred Fifty Dollars ($250.00).
(Ordinance No. 1988-3, passed July 18, 1988)
(6) For violations of § 51.02, Unauthorized Water Use:
(a) A person who violates the provisions of this Section shall be fined Two Hundred Fifty Dollars ($250.00).
(Ordinance No. 1995-8-5, passed August 21, 1995)
(7) For violations of § 51.03, Private Wells Prohibited:
(a) A person who violates the provisions of this Section shall be fined Two Hundred Fifty Dollars ($250.00).
(Ordinance No. 2005-11, passed June 20, 2005)
(8) For violations of § 51.04, Backflow Prevention:
(a) A person or entity who violates this Section shall be fined $25.00 per day per connection that violates this Section.
(Ordinance No. 2016-2, passed January 18, 2016).
(9) For violations of § 70.01, Damaging Streets:
(a) A person who violates the provisions of this Section shall be fined One Hundred Dollars ($100.00).
(10) For violations of § 70.02, Time Limits for Parking:
(a) A person who violates the provisions of this Section shall be fined Fifty Dollars ($50.00).
(Ordinance No. 1998-3, passed April 20, 1998)
(11) For violations of § 70.03, Parking on Benton Street:
(a) A person who violates the provisions of this Section shall be fined One Hundred Dollars ($100.00).
(Ordinance No. 2017-1120, passed November 20, 2017; 1984 Code, § 7-1, amending similar provision passed in 1937)
(12) For violations of § 70.04, Handicap Parking:
(a) A person who violates the provisions of this Section shall be fined One Hundred Dollars ($100.00).
(Ordinance No. 2007-2, passed June 18, 2007, amending Ordinance No. 2004-14, passe 2004; amending Ordinance No. 2000-9-1, passed August 21, 2000)
(13) For violations of § 70.05, Parking of Semi-Tractors and Trailers:
(a) A person, corporation, or entity, which violates the provisions of this Section shall be fined One Hundred Dollars ($100.00).
(Ordinance No. 2009-13, passed December, 2009; amending Ordinance No. 2009-1, passed January 19, 2009; amending Ordinance No. 2004-12, passed September 20, 2004; amending Ordinance No. 1997-4, passed December 15, 1997; amending Ordinance No. 1996-13, passed May 20, 1996; amending Article 7-3 of the 1984 Code)
(14) For violations of § 72.01, Golf Carts and Off Road Vehicles
(a) A person who violates the provisions of this Section shall be fined One Hundred Fifty Dollars ($150.00).
(Ordinance No. 2009-12, passed October 19, 2009; Ordinance No. 2007-12, passed July 16, 2007)
(15) For violations of Title IX, Chapter 90, Nuisances:
(a) For each unabated nuisance after a Citation has been issued or after a scheduled deadline, a fine of $250 for the first 30-day period of violation, and $10 per day for each day of unabated nuisance thereafter.
(Ordinance No. 2021-1121, passed November 21, 2021)
(16) For violations of § 91.01, Yard Sales:
(a) A person who violates the provisions of this Section shall be fined Seventy-five ($75.00).
(Ordinance No. 2011-13, passed October 17, 2011)
(17) For violations of § 92.01, Dumping at the Sewer Plant:
(a) A person who violates the provisions of this Section shall be fined Two Hundred Fifty Dollars ($250.00).
(Ordinance No. 2018-1217C, passed December 17, 2018)
(18) For violations of § 93.01, Trees and Shrubs:
(a) If said trees are not trimmed within the time of the five days’ notice, the owner of said real estate shall be fined $100.00.
(Article 10-1 of the 1984 code, amending 1889 provision)
(19) For violations of § 110.01, Peddlers:
(a) A person/business entity who violates this Section shall be fined One Hundred Dollars ($100.00).
(Ordinance No. 2016-4, passed June 20, 2016)
(20) For violations of § 131.01, Prohibiting Dangerous Devices:
(a) A person who violates the provisions of this Section shall be fined Two Hundred Fifty Dollars ($250.00).
(Ordinance No. 2005-3, passed January 17, 2005)
(21) For violations of § 132.02, Tobacco and Nicotine Use:
(a) A person who violates the provisions of this Section shall be fined Fifty Dollars ($50.00).
(Ordinance No. 2018-1217A, passed December 17, 2018)
(22) For violations of Chapter 150, Building Code:
(a) A person who violates the provisions of this Section shall be fined Two Hundred Fifty Dollars ($250.00).
(Ordinance No. 2007-5, passed October 15, 2007)
(23) For violations of Chapter 170, Zoning:
(a) A person who violates this Chapter or fails to comply with any of its requirements shall be fined not less than Twenty Dollars ($20.00) and not more than Three Hundred Dollars ($300.00).
(24) For violations of Ordinance No. 2019-0520, Unauthorized Sewer Discharge:
(a) A person who violates the provisions of this Section shall be fined Two Hundred Fifty Dollars ($250.00).
(Ordinance No. 2019-0520, passed May 20, 2019)
Cross-reference: Violations Clerk, see § 31.15
Statutory reference: see I.C. 33-36-2-2, 33-36-2-3, 33-36-3-1, 36-1-3-8(a)(10)
(Ordinance No. 2011-12, passed November 21, 2011; Ordinance No. 2016-, passed March 21, 2016; amended by Ordinance No. 2020-0921A, passed September 21, 2020)