§ 10.99  PENALTY PROVISIONS FOR VIOLATIONS OF CODE.
   (A)   Penalty provisions for violations of code. In addition to the penalty provisions described below, in the event an ordinance violation is filed and results in a judgment against a defendant, the court shall impose a reasonable attorneys fee and court costs against a judgment defendant.
      (1)   Any person, firm or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon judgment, be subject to the following:
         (a)   A fine of at least $250, but not exceeding $2,500, for a first violation; and
         (b)   A fine of at least $500, but not exceeding $7,500, for a second and subsequent violation.
      (2)   A separate violation shall be deemed committed upon each day during which a violation occurs or continues.
(2008 Code, § 1.1.9) (Ord. 2015-1117, passed 11-17-2015)
   (B)   Penalties for violations which may be admitted before the Violations Clerk. Any section of the code which refers to the penalty provision of this division may be admitted by the violator before the Clerk-Treasurer who shall serve as Violations Clerk, and pay the civil penalty described in this section in lieu of the filing of an ordinance violation. The maximum civil penalty which may be paid to the Violations Clerk is $250. In the event the violator does not wish to admit the violation and pay the civil penalty, or in the event that the civil penalty exceeds $250, the violation will be filed in court, and the civil penalty described in this section will be assessed upon judgment of an ordinance violation by the court.  In addition to the penalty provisions described below, in the event an ordinance violation is filed and results in a judgment against a defendant, the court shall impose a reasonable attorneys fee and court costs against a judgment defendant.
      (1)   Graduated penalties.
         (a)   First violation, the violator will be assessed a civil penalty of $50.
         (b)   Second violation, the violator will be assessed a civil penalty of $100.
         (c)   Third and subsequent violation, the violator will be assessed a civil penalty of $500.
      (2)   Specific penalties.
         (a)   For violations of § 70.023, Use of Skateboards and Similar Devices Restrained, the graduated penalty provisions of § 10.99(B)(1) shall apply.
(Ord. 2015-1117, passed 11-17-2015)
         (b)   For violations of Title VII, Chapter 73 Bicycles, the graduated penalty provisions of § 10.99(B)(1) shall apply.
(2008 Code, § 3.3.7)  (Ord. 2015-1117, passed 11-17-2015)
         (c)   For violations of Code §§ 74.01 through 74.08 and §§ 74.10 through 74.14: A fine of $100 per violation.
(2008 Code, §§  § 3.4.10, 3.7.1)  (Ord. 2015-1117, passed 11-17-2015)
         (d)   For violations of § 74.09, a fine of $100 per offense.
(Ord. 2015-1117, passed 11-17-2015)
         (e)   For violations of Title VII, Chapter 77:
            1.   For violations of Chapter 77 other than § 77.05, a fine of $100 per violation.
            2.   For violations of § 77.05, a fine of $500 per violation.
(Ord. 2015-1117, passed 11-17-2015)
         (f)   For any other violations of Title VII, Traffic Code, a fine of $100 per violation.
(2008 Code, § 3.1.5)  (Ord. 2015-1117, passed 11-17-2015)
         (g)    For violations of Title IX, Chapter 91, § 91.02(B), relating to vicious animals, there shall be a $50 fine for a first time violation. Upon a second violation, the vicious animal must  be permanently moved outside the boundaries of the town. For violations of Title IX, Chapter 91, § 91.02, other than § 91.02(B) relating to vicious animals, the graduated penalty provisions of § 10.99(B)(1) shall apply.
(2008 Code, §§ 4.1.9, 4.1.22)  (Ord. 2015-1117, passed 11-17-2015; Ord. 2016-0719C, passed 7-19-2016)
         (h)   For violations of Title IX, Chapter 91, for each day of unabated nuisance after the scheduled deadline, a fine of $250 per violation.
(2008 Code, § 4.2.4)  (Ord. 2015-1117, passed 11-17-2015)
         (i)   For violations of Title IX, Chapter 93, the following fines apply. The town may further enforce Chapter 93 by restraining order, injunction or any other remedy available in law or equity. Each door to door contact made without a proper permit shall be deemed a separate and distinct violation. Any violations shall cause such violator to have his, her or its permit to be revoked for a period of not less than 30 days. For violations of any provision of Chapter 93, a fine of $250 per violation.
(2008 Code, §§ 4.4.3, 4.4.5, 4.4.7)  (Ord. 2015-1117, passed 11-17-2015)
         (j)   For violations of Title XIII, Chapter 130, a fine of $250 per violation.
(2008 Code, § 4.4.2)  (Ord. 2015-1117, passed 11-17-2015)
         (k)   For violations of Title XIII, Chapter 131, the graduated penalty provisions of § 10.99(B)(1) shall apply.
(Ord. 2015-1117, passed 11-17-2015)
   (C)   Specific penalties. In addition to the penalty provisions described below, in the event an ordinance violation is filed and results in a judgment against a defendant, the court shall impose a reasonable attorneys fee and court costs against a judgment defendant.
      (1)   For violations of § 30.27: A fine of $500 for each violation. Each record obtained in violation of § 30.27 constitutes a separate violation.
      (2)   For violations of Chapter 51, Sewage Service; Wastewater Control:
         (a)   Residential and commercial customers who shall continue any violation beyond the time limit provided in § 51.009 shall be deemed to have violated the Code and upon judgment thereof shall be subject to a fine in an amount of $100. Each day in which any such violation shall continue shall be deemed a separate offense. Any person violating any of the provisions of Chapter 51 and found liable for a violation thereof shall become liable to the town for expense, loss or damage occasioned by the town by reason of such violation.
(2008 Code, § 2.2.5)  (Ord. 2015-1117, passed 11-17-2015)
         (b)   Industrial customers who shall continue any violation beyond the time limit provided in § 51.009 shall be deemed to have violated the code and upon judgment thereof shall be subject to a fine in an amount of $500. Each day in which any such violation shall continue shall be deemed a separate offense. Any person violating any of the provisions of Chapter 51 and found liable for a violation thereof shall become liable to the town for expense, loss or damage occasioned by the town by reason of such violation.
(Ord. 2015-1117, passed 11-17-2015)
         (c)   For violations of Chapter 53 Water Rates and Charges, a fine of $500.
(2008 Code, § 2.5.10)
         (d)   For violations of §§ 151.01 through 151.16: In addition to applying for any injunctive relief, the town may file ordinance violation charges against any person, persons, entity or entities violating §§ 151.02 through 151.16, and for each unsafe building condition violation such person, persons, entity or entities shall be fined $25 for each violation of Chapter 151.
(2008 Code, § 4.3.11)
(Ord. 2005-12, passed 9-6-2005; Ord. 2005-12, passed 11-17-2005; Ord. 2008-1, passed 6-9-2008;  Ord. 2008-4, passed 6-9-2008;  Ord. 2008-4, passed 9-7-2010; Ord. 2014-0715B, passed 7-15-2014; Ord. 2014-0715E, passed 7-15-2014; Ord. 2014-0715F, passed 7-15-2014; Ord. 2014-0715G, passed 7-15-2014; Ord. 2015-1117, passed 11-17-2015; Ord. 2017-1017A, passed 10-17-2017; Ord. 2020-0716, passed 7-16-2020; Ord. 2021-0304B, passed 3-29-2021)
Cross-reference:
   Violations Clerk, see § 31.15
Statutory reference:
   Authority, see I.C. 33-36-2-2, 33-36-2-3, 33-36-3-1, 36-1-3-8(a)(10)