§ 94.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
   (B)   Any person violating the provisions of § 94.01(A) or failing to comply with any directive of the Town Marshal for the removal and disposal of any unlawful accumulation, consistent with the provisions of § 94.01(B), shall have committed an infraction, and upon finding of the commission of such infraction, by a preponderance of the evidence, shall be fined a sum not more than $500. Any such fine so imposed, or court costs arising from such infraction proceedings, shall be in addition to the imposition of any liens or other collection rights for the costs of removal and disposal of the accumulation or accumulations as provided in § 94.01(B).
   (C)   (1)   The town may extinguish any fire that is in violation of § 94.02 and charge the party responsible $250 for each such extinguishment.
      (2)   Any person found to be in violation of § 94.02 shall be punished by a fine of not less than $100 nor more than $500, plus costs for each separate violation.
      (3)   Any person found in violation of this section who rekindles a prohibited fire extinguished by the town shall be punished by a fine of not less than $500, plus costs for each such violation.
      (4)   Ordinance violations shall be enforced under proceedings brought pursuant to I.C. 34-28-5 et seq. in a manner similar to that of infractions with complaint and summons described in I.C. 9-30-3-6 issued by the Town Police Department or other police agency.
   (D)   Any person who violates any provision of §§ 94.15 through 94.22 subjects the landowner to a civil fine up to $200. Each day a violation of §§ 94.15 through 94.22 continues after receipt of a notice of violation shall constitute a separate offense. The civil fine shall be in addition to the cost collection procedures set forth in I.C. 36-7-10.1-4
   (E)   Any person violating any of the provisions of §§ 94.35 through 94.39 shall be subject to an initial civil penalty of $50. Each day such violation continues or is committed shall constitute a separate offense. A second violation in any 12-month period is subject to a civil penalty of $100. Subsequent violations in any 12-month period are subject to a civil penalty of $500. For the purposes of this section and §§ 94.35 through 94.39, the VIOLATOR shall be the person or persons who created, caused to be created, permitted to be created or otherwise generated any source of noise in violation of §§ 94.35 through 94.39; the person or persons in possession of a sound amplification system played, used or operated in violation of §§ 94.35 through 94.39; or the person in control of a motor vehicle operating in violation of §§ 94.35 through 94.39.
(Ord. 231, passed 6-2-1986; Ord. 313, passed 7-18-1994; Ord. 341, passed 7-1-1996; Ord. 542, passed 7-2-2012)