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(1) Notice of violation.
(a) Whenever the Town Marshal or Deputy Marshals shall find that the owner or operator of any vehicle or other person has committed any action which is declared unlawful by the provisions of Indiana traffic statutes or traffic regulations of this code, the Marshal or Deputy Marshal shall give written notice to the person of the violation. All notices shall be serially numbered and shall contain the following information:
1. The specific violation with which the violator is charged;
2. The license number and type of vehicle;
3. The name and address of the owner of the vehicle and the operator of the vehicle, if possible to obtain the same;
4. The location of the violation;
5. The signature of the Marshal or Deputy Marshal;
6. The date of the violation; and
7. The amount of penalty prescribed by § 70.99 for the violation.
(b) The notice shall also contain the following statement: “Within 72 hours from the time of violation as shown on the notice of violation, bring this notice to the Clerk-Treasurer’s branch office, New Carlisle Police Department, 124 East Michigan Street, New Carlisle, Indiana, or mail fine to the address within 72 hours from time of violation, or warrant will be issued for arrest which may result in extra costs.”
(c) All written notices shall be executed by the Town Marshal or Deputy Marshal in triplicate. One copy shall be served upon the violator as herein provided, 1 copy shall be filed by the officer with the Clerk-Treasurer, and 1 copy shall be filed in the office of the Town Marshal. The latter 2 copies shall be filed in the respective offices by the Town Marshal or Deputy Marshal at his or her earliest convenience before or when he or she goes off duty at the particular day on which the notice was served on the violator.
(2) Payment of fines.
(a) Any person receiving written notice of a traffic violation pursuant to the provisions of this chapter shall, within 72 hours from the date of the violation, appear at the Clerk-Treasurer’s branch office, New Carlisle Police Station, 124 East Michigan Street, New Carlisle, Indiana, and okay the prescribed penalty by depositing the amount along with the notice of violation with the officer on duty, or the person within such time may mail the fine with the written notice to the Clerk-Treasurer’s branch office. The penalties which shall be payable in compromise of the violations of this chapter, shall be in accordance with § 70.99 of this chapter.
(b) If any person receiving notice of violation shall fail to compromise the violation, the Town Marshal shall prepare or cause to be prepared a proper affidavit for the arrest of the violator. Any person who fails to compromise the violation, upon conviction of the offense charged, shall be liable for a fine in the amount prescribed by the presiding judge.
(c) In addition to the penalties provided for herein, the Town Marshal or Deputy Marshal may cause any vehicle parked in violation of any provision of Indiana traffic statues or traffic regulations of this code, to be removed to a private garage or place where the same shall be impounded and detained. The vehicle shall be released only upon order of the Town Marshal or a Deputy Marshal after payment of the fine required by this chapter to be paid in compromise of the violation and all costs of towing and storage.
(1992 Code, § 8-35)
(B) Nonexclusive jurisdiction. The Town Marshal or any Deputy Marshal may file any motor vehicle violation in any court of competent jurisdiction in lieu of using the provisions of this chapter.
(1992 Code, § 8-36) (Ord. 399, passed - -1973)