Any person who has been cited for violation of any enforcement provision of this code, whether or not having signed a notice to appear in court, shall have a right to compromise and settle the complaint without trial or appearance in court in accordance with the following procedures.
(A) If the offense cited is other than a moving or nonmoving traffic offense of the kind described in § 32.11(A), the offender may compromise and settle the complaint in accordance with the provisions of the following notice, which shall be imprinted on or attached to the copy of the citation provided to the person cited:
“You have a right to appear in court at the place and time indicated, either in person or by attorney, to answer and be tried in the cause of the violation cited in the complaint and summons. However, if you do not wish to appear in court and be tried, you may settle the complaint by either delivering during regular business hours or mailing your copy of the citation and payment of the stipulated fine to: Office of the Clerk-Treasurer, Greendale Municipal Utility Building, 510 Ridge Avenue, Lawrenceburg, IN 47025. The amount of fine owing depends on the nature of the violation, and may depend on whether or not you have previously been convicted or have admitted guilt to the same offense, and is determined in accordance with § 32.12 of the Greendale Municipal Code, a copy of which is available for public inspection at the office of the Clerk-Treasurer. If the amount of fine was not determined at the time the citation was served, this information may be obtained by contacting the office of the Clerk-Treasurer. Payment of the fine must be received within five days, exclusive of weekends and legal holidays, following the date of issuance and service of the citation; after such time, the complaint will have been filed with the Clerk of the Court for docketing and trial. If paying in person, payment may be made in cash, traveler’s checks, money order, or certified check; if paying by mail, please remit only a money order or certified check payable to the City of Greendale in the exact amount of the fine. Settlement of the complaint and payment of the fine according to this procedure constitutes a waiver of trial and an admission of guilt having the same effect as an adverse judgment of a court; however, no fees or costs in addition to the fine will be assessed whereas if you choose to appear in court and are convicted, substantial fees and court costs will be assessed by the court in addition to the fine imposed. Settlement of the complaint in this manner also discharges your obligation under any notice to appear in court which you may have signed; and if you were required to deposit any security as bond for appearance, such security will be returned to you.”
(B) If the offense cited is a moving or nonmoving traffic offense of the kind described in § 32.11(B), the offender may compromise and settle the complaint in the manner prescribed by state law, and the following notice and compromise execution form or a substantially similar notice and form serving the same purpose as may be prescribed by the court or other competent authority shall be imprinted on or attached to the copy of the citation provided to the person cited:
“You have a right to appear in court at the place and time indicated to answer and be tried in the cause of the traffic ordinance violation described in the citation. Unless the court subsequently orders and notifies you to make a personal appearance pursuant to state law, you may make such appearance either in person or by attorney or, alternatively, if you do not wish to appear in court and be tried you may instead of such appearance and in accordance with state law settle the complaint any time prior to the date of the scheduled court appearance by delivering or mailing your copy of the citation and this notice, with a signed admission of guilt as provided below and as required by law, accompanied by payment in the total amount of fine, fees, and costs owing as hereafter indicated, to: Dearborn County Clerk, Dearborn County Courthouse, Lawrenceburg, Indiana, 47025. If paying in person, payment may be made in cash, traveler’s checks, money order, or certified check; if paying by mail, please send only a money order or certified check in the exact amount of fine and fees owing; money orders or checks should be made payable to the “Clerk of the Dearborn County Court.” Please be advised that signature of the admission of guilt and payment of the fine and costs constitutes a waiver of trial and has the same effect as an adverse judgment of the Court were you to appear and be tried, and that the Indiana Commissioner of Motor Vehicles (and the equivalent authority of the state in which your driver’s license was issued if you are not an Indiana resident) will be notified of your admission of guilt to the violation. Settlement of the complaint in the manner set forth in this notice discharges your obligation under any notice to appear in court which you may have signed, and if you have been required to deposit any security as bond for appearance, such security will be returned to you.
STATEMENT OF FINE AND COSTS
City of Greendale Traffic Citation No.
Name/Address of Person to Whom Issued
Offense Committed
FINE (amount prescribed by ordinance) $
STATE DOCKET FEE
COUNTY DOCKET FEE
MUNICIPAL PROSECUTOR’S
FEE
MOTOR VEHICLE FEE
JUDICIAL FEE
TOTAL FINE AND COSTS OWING
ADMISSION OF GUILT
I the undersigned do hereby admit to have committed the offense described and stipulated in the attached traffic citation:
(sign full name)”
(C) The Clerk of the Court shall every month pay to the Clerk-Treasurer the amount of fines and fees owing to the city and so collected by the Clerk, in the same manner as other judgments of the court entered in favor of the city for the violation of its ordinances, as stipulated by § 32.16 and by law.
(1985 Code, § 1-3-13)