(A) It shall be a defense to a violation that the violation constitutes a misdemeanor or infraction under the laws of the State of Indiana.
(B) The defendant in any civil action brought by the county through its Department of Weights and Measures pursuant to the provisions of this chapter shall pay all court cost incurred by the county in the prosecution of the action in the event the defendant is found to have violated any one or more of the provisions of this chapter.
(C) (1) A person who violates § 110.03(A) shall be fined $50 per instrument.
(2) A person who violates § 110.03(B) shall be fined $50 per day for each instrument until the County Inspector is informed as required by § 110.03(B). In enforcing this division, the person shall allow the County Inspector to view the records on site and fax or mail to the County Inspector a copy of the repair or installation records by U.S. mail within two business days after the repairs or installation are made. The report shall include the company name, address, phone number, date of installation, device type, serial number, and readings. Failure to submit records shall result in an additional $500 fine plus $100 per day until the records are received.
(b) A person who fails to submit business records on site shall fax or send the requested records by U.S. mail within two business days after the request was made. Failure to submit business records shall result in an additional $500 fine plus $100 per day until the records are received. The maximum fine under § 110.03(C) shall not exceed $10,000.
(4) (a) A person who violates § 110.03(D) shall immediately be fined $200. The County Inspector shall note on the citation a date and time ordering the person owning or operating the instrument to present the instrument for inspection by the County Inspector. If the person owning or operating the instrument refuses to allow the ordered inspection, the person shall be fined $400 for the second violation plus $100 per day from the date the instrument was not presented for the first inspection to the date the inspection takes place. A citation shall be issued for each day the violation occurs and each citation shall be considered a separate violation. The maximum fine under § 110.03(D) shall not exceed $10,000.
(b) If the person does not pay the fine to the Lake County Clerk within ten business days after the citation is issued, the matter shall be set for court. If the court rules in favor of the County Inspector, the person shall make payment by the court's stipulated date. If payment is not made by the court's due date, the County Inspector shall suspend the license and may request the County Sheriff to close the person's business.
(5) (a) For mobile instrument or instruments otherwise operated at more than one location, the instrument shall be presented for inspection on the date, location and hours specified for the inspection. If a person fails to present an instrument for inspection on the specified date, time and location:
1. The person shall be immediately fined $200 per instrument for the first day;
2. The County Inspector shall establish a second date, place and time for the inspection.
3. The person failing to present the instrument for the second pre-scheduled inspection shall be fined $400 plus $100 per day per instrument from the date the of the first scheduled inspection until the inspection takes place. Each citation shall be considered a separate violation.
(b) If the person does not pay the fine to the Lake County Clerk within ten business days after the citation is issued, the matter shall be set for court. If the court rules in favor of the County Inspector, the person shall make payment by the court's stipulated date. If payment is not made by the court's due date, the County Inspector shall suspend the person's license and may request the Lake County Sheriff to close all of the person's business locations to prevent any use of the mobile instrument.
(D) (1) A person who violates § 110.04(A) shall be fined $50 per instrument.
(2) A person who violates § 110.04(B) shall be fined $50 per instrument or commodity plus an additional $10 for each package or edible item.
(E) A person who violates § 110.05 shall be fined $500 plus $100 for each day the repair records have not been received as required by this section.
(F) A person who violates § 110.06 shall be fined $500 plus $100 per day per day per instrument from the time of delivery to the time the County Inspector is informed or receives the repair person's report as required by this section.
(G) A person who violates § 110.07 shall be fined $50 per commodity plus an additional $10 for each package or edible item.
(H) A person violating § 110.09 by failing to possess or conspicuously post a license shall:
(1) Pay a fine of $200 plus $100 for each year for failure to possess a license or conspicuously post a license.
(2) Remain liable for any other fines assessed by the County Inspector under this chapter even though a license application and payment have been submitted to the County Inspector.
(I) A person who violates § 110.11 shall be fined $500 when access to records is first denied or when records are not mailed as required, and then $100 per day for each additional day access is denied or records have not been received by fax or U.S. mail.
(Ord. 1198C, passed 12-14-1999; Ord. 1208B, passed 10-10-2000; Ord. 1209B, passed 11-14-2000; Ord. 1258C, passed 12-14-2004; Ord. 1260A, passed 2-8-2005; Ord. 1264C, passed 6-13-2005; Ord. 1264D, passed 6-13-2005)