The following penalties and procedures shall apply to all sections of Title 4, Traffic Code.
(A) Upon conviction of a violation of any traffic regulation adopted herein and parking regulations, the offender shall be fined a sum in the amount of $50 per violation. (Ord. 51888A, passed 5-18-1982; Am. Ord. 061505, passed 6-15- 2005; Am. Res. 020307, passed 2-3-2007)
(B) Upon conviction of a violation of any traffic regulation which is a moving violation (failure to stop at a stop sign or preferential street, traveling the wrong way on a one-way street, traveling in excess of the stated speed limit) the offender shall be fined a sum in an amount as set by the Town Council from time to time, in addition to court costs.
(C) Upon the conviction of any other provision regulating traffic not enumerated in the preceding two divisions, the offender shall be fined a sum in an amount as set by the Town Council from time to time, in addition to court costs.
(D) At the time of arrest for any violation hereunder, the arresting officer shall notify the person arrested that in lieu of undergoing prosecution in the Hancock County Court for violation of the ordinance the arrested person may admit his guilt and pay a fine to the Clerk-Treasurer of the town in an amount as set by the Town Council from time to time for the violation of a speed regulation, a stop regulation, or a one-way street regulation and an amount as set by the Town Council from time to time for any other violation; the arresting officer shall notify the person arrested that in the event the person wishes to pay the fine to the Clerk-Treasurer that the fine must be paid within 7 days of the date of the violation.
(E) The arresting officer shall, the same day that the arrest is made, deliver to the Clerk-Treasurer a copy of the citation issued to the person charged with the offense; 10 days after the arrest the arresting officer shall communicate with the Clerk-Treasurer in order to determine whether or not the person arrested has paid a fine pursuant hereto.
(F) In the event the arresting officer learns that the person arrested has not paid a fine pursuant to the provisions hereof, the arresting officer shall forthwith file the citation charging the violation of the ordinance with the Prosecutor for Hancock County in order to commence prosecution in the Hancock County Court
(G) In the event a person charged with an offense hereunder chooses to pay a fine to the Clerk-Treasurer of the town, the Clerk-Treasurer shall collect the fine and deposit it to the General Fund of the town.
(H) The Clerk-Treasurer shall also certify to the Bureau of Motor Vehicles all moving violations, that is to say all violations hereunder which involve a moving vehicle such as speeding offenses, failures to stop and operating a motor vehicle the wrong way on a one-way street. The certification to the Bureau of Motor Vehicles shall include the following information:
(1) The name and address of the offender;
(2) The operator's license number of the offender;
(3) The registration number of the vehicle operated by the offender;
(4) A description of the nature of offense;
(5) The date upon which the offense was committed;
(6) The date upon which received by the Clerk-Treasurer;
(7) The amount of the fine.
(I) Pursuant to I.C. 33-36-2-1 et seq. and all acts amendatory or supplemental thereto, there is hereby created an Ordinance Violations Bureau. The Clerk-Treasurer, and/or his appointed deputy, shall be considered the Violations Clerk having the duties and responsibilities set forth under I.C. 33-36-2-3, including but not limited to, the ability to accept the following:
(1) Written appearances;
(2) Waivers of trial;
(3) Admissions of violations; and
(4) Payment of civil penalties up to $250 in ordinance violation cases.
(1989 Code, § 47.99) (Ord. 11-19-80, passed 1-19-1980; Am. Ord. 082008, passed 8-20-2008; Am. Ord. 080710, passed 8-7-2010; Am. Ord. 102021A, passed 11-3-2021)