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Rockville, IN Code of Ordinances
TOWN OF ROCKVILLE, INDIANA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 31.06 NOTICE TO APPEAR; REFUSAL TO SIGN; SECURITY FOR RELEASE.
   (A)   Any person who is a resident of the state and is detained by an enforcement officer for the purpose of issuing and serving a citation for violation of an enforcement provision, and who provides the enforcement officer with a satisfactory identification in accordance with § 31.04(A)(2) and executes a signed notice to appear in court in accordance with § 31.04(A)(3), shall thereupon be released from such detention without other bond or security for appearance; however, if the person is not a resident of the state and/or refuses to sign a notice to appear in court, the following additional procedures and requirements apply before the enforcement officer releases the person from detention, as the appropriate case may be.
   (B)   If the person is a resident of the state and the offense charged is violation of an enforcement provision constituting a moving traffic offense or a nonmoving traffic offense required by law, or regulation to be reported to the State Commissioner of Motor Vehicles, and the person refuses to sign the notice to appear, the enforcement officer before releasing the person shall inform him or her that notwithstanding his or her refusal to sign the notice, he or she is obliged by law to appear at the time and place indicated in the citation or to previously compromise and settle the complaint in the manner hereafter provided, and that failure to do so will result in his or her arrest on warrant of the court and/or suspension of his or her driver’s license in accordance with I.C. 9-4-7-6(a) and I.C. 9-4-7-6(c), respectively.
   (C)   If the person is a nonresident of the state and the offense charged is violation of an enforcement provision constituting a moving traffic offense or a nonmoving traffic offense required by law or regulation to be reported to the State Commissioner of Motor Vehicles, the enforcement officer shall, before releasing the person:
      (1)   Require the person to deposit a security for appearance of the type described by I.C. 9-4-1-131(b)(1), (b)(2) or (b)(3), and in the manner prescribed by I.C. 9-4-1-131(d), (e) or (f) respectively, and also to execute a security deposit agreement as described by I.C. 9-4-1-131(c), unless the person is exempt from such requirement under I.C. 9-5-1.1; and
      (2)   If the person refuses to sign a notice to appear, the enforcement officer shall also inform the person that notwithstanding his or her refusal to sign the notice, he or she is obliged by law to appear at the time and place indicated in the citation or to previously compromise and settle the complaint in the manner hereafter provided, and that failure to do so will result not only in the forfeiture of the security provided but will also cause the court to notify the Commissioner of Motor Vehicles of his or her failure to appear which will result in the suspension of driving privileges in the state, and that a copy of the order of suspension will also be sent to the equivalent authority of the person’s home state in accordance with I.C. 9-4-7-6(b) and (c); or else
      (3)   The enforcement officer shall accompany the offender to the nearest U.S. Postal Service receptacle and see that the offender mails to the Clerk of the County Circuit Court:
         (a)   A copy of the citation with a signed admission of guilt; and
         (b)   A check or money order in the amount of fine requested, as determined pursuant to § 31.12, plus court costs; thus compromising and settling the complaint in accordance with § 31.13(B).
   (D)   (1)   If the person is a nonresident of the state, or is a resident of the state, but refuses to sign a notice to appear in court, and the offense charged is of a kind other than a moving traffic offense required to be reported to the State Commissioner of Motor Vehicles, the enforcement officer shall before releasing the person accompany the person to the office of the Town Clerk-Treasurer, where the person shall be released upon either:
         (a)   Depositing with the Clerk-Treasurer a security as guarantee for appearance, said security being a deposit of cash, traveler’s checks or other valuable securities or property acceptable to the Clerk-Treasurer, and at least equal in value to the amount of fine requested in the complaint exclusive of costs which could be imposed by the court were the person to appear and be convicted, for which security the Clerk-Treasurer shall provide the person with a proper receipt and shall make an understanding and agreement with the person that should he or she fail to appear to answer the charge or fail to compromise and settle the complaint before such appearance as hereafter provided, the security thus deposited will be forfeit in favor of the town and in settlement of the complaint, but will be fully refunded or restored to the person if he or she does appear at the place and time prescribed or does previously compromise and settle the complaint; or
         (b)   Compromising and settling the complaint at the time in the manner provided by § 31.13(A).
      (2)   However, if the office of the Clerk-Treasurer is not open for business at the time the citation is served, the enforcement officer, in lieu of the above procedure, shall accompany the person to the nearest United State Postal Service receptacle and shall supply the person with a stamped envelope addressed to the office of the Clerk-Treasurer, and shall ascertain that, the person deposits therein and mails either a security for appearance and a signed security deposit agreement of the type described in division (C)(1)(a) above, or else his or her copy of the citation and an amount of payment necessary to compromise and settle the complaint in accordance with § 31.13(A), and the enforcement officer shall thereupon release the person from any further detention.
(1984 Code, § 1-3-6)
§ 31.07 CONDITIONAL CITATION OR OFFENSE WITH CONDITIONAL PENALTIES.
   (A)   Notwithstanding any other provisions of this chapter, whenever any enforcement provision of this code stipulates that:
      (1)   A person cited for violation of the enforcement provision is allowed some definite period of time to correct the violation and comply with the enforcement provision before being subject to any penalty; or
      (2)   The person cited for the violation is entitled to an administrative appeal or investigatory hearing before any administrative officer, board or similar entity to determine whether the citation is valid and justified.
   (B)   Then the citation or a written notice attached thereto shall, as the case may be, state the period of time permitted for compliance or the procedure to be followed to exercise the right to the administrative appeal or investigatory hearing, and the person shall not be required to execute a notice to appear in court, nor shall the complaint be filed with the Clerk of the Court, nor shall the time period permitted for compromise and settlement of the complaint under § 31.13(A) commence until, as appropriate:
      (1)   The time period allowed for compliance has elapsed, and it is found that the person has not complied;
      (2)   The person has waived the right to administrative appeal or investigatory hearing, or has failed to invoke and exercise that right within any applicable time period; or
      (3)   The administrative appeal proceeding or investigatory hearing has been conducted and has affirmed the citation.
(1984 Code, § 1-3-7)
§ 31.08 WARNING INSTEAD OF OFFICIAL CITATION.
   (A)   Notwithstanding the provisions of § 31.02, if any enforcement officer has cause to believe that a person has violated or is violating an enforcement provision of this code, but also has cause to believe that the person is of law-abiding character and has not knowingly, wantonly or repeatedly violated the provision, and the violation is a minor violation not posing imminent jeopardy to life, limb, property or the public welfare, the enforcement officer at his or her discretion may issue a warning instead, of an official citation. The warning shall inform the person that he or she is in violation of an enforcement provision and the enforcement officer shall order the person to forthwith cease or correct the violation. At the discretion of the enforcement officer, the warning may be either an informal verbal warning or a formal written warning.
   (B)   A formal written warning shall be issued on the same form ordinarily used for an official citation of the offense committed, but all copies thereof shall be clearly marked “Warning Only”. Issuance of a warning shall not require the offender to pay any fine or compromise and settlement, nor to appear in court; however, if a formal written warning is issued, a copy shall be kept on file for at least one year in the office of the Clerk-Treasurer and the office of the enforcement officer. The issuance of a warning shall in no way bar the subsequent issuance of an official citation for the same offense if it should later be determined that the offender in fact did knowingly or wantonly violate the enforcement provision, is a repeat offender, or has failed to comply with the warning order.
(1984 Code, § 1-3-8)
§ 31.09 STATUTE OF LIMITATIONS ON ISSUANCE OF CITATION.
   Pursuant to the provisions of I.C. 34-4-32-1(c)(2), no citation for the violation of any enforcement provision of this code shall be issued and served if more than one year has elapsed since the alleged violation has occurred.
(1984 Code, § 1-3-9)
§ 31.10 FORM OF CITATION AND SUMMONS; TRAFFIC OFFENSES; OTHER OFFENSES.
   The form, of citation and summons used for an ordinance violation shall be in accordance with this section, as appropriate to the nature of the violation.
   (A)   Traffic offenses: in all cases where a citation is issued and served for the violation of an ordinance constituting a moving traffic offense or a nonmoving traffic offense required by law or regulation to be reported to the State Commissioner of Motor Vehicles, the form of complaint and summons prescribed by I.C. 9-4-7-4(b) shall be used for the purpose of issuing the citation; provided, however, that the enforcement officer shall clearly indicate in the space provided on such form that the violation charged is a violation of a town ordinance and not of state law, and provided further that in that section of said form dealing with “Court Action and Other Orders” and in that subsection thereof concerning the finding of the court, the enforcement officer shall delete the word “state” and substitute the word “town” so that the form shall read “Judgment for the Town” rather than “Judgment for the State”, in the event that the form has not been already so modified and preprinted.
   (B)   In all other cases where a citation is issued and served for violation of an enforcement provision of this code, and in accordance with I.C. 34-4-32-1(e), the form of complaint and summons prescribed by I.C. 9-4-7-4(b) may be used for the purpose of issuing the citation, subject to the same stipulations and modifications as when the form is used for a traffic offense as described above; however, if the traffic citation form is not deemed suitable and convenient for use with respect to any other enforcement provision, the chief officer of the department or other agency responsible for enforcement may prescribe an alternative form of complaint and summons to be used for issuing the citation; provided that any such alternative’ form of complaint and summons shall consist of at least four copies as required for the administration of § 31.11, and that such form shall be examined and approved by the Town Attorney who shall ascertain that it is of proper legal form and satisfies all necessities for judicial processing in accordance with the rules and regulations of the court for the filing of ordinance violation complaints, and that it meets all administrative requirements as stipulated in this chapter or in the particular enforcement provision to which it pertains.
(1984 Code, § 1-3-10)
§ 31.11 ADMINISTRATIVE PROCEDURE ON ISSUANCE OF CITATION.
   (A)   Whenever a citation is issued for violation of any enforcement provision of this code, the enforcement officer issuing the citation shall provide one copy thereof to the offender, including or accompanied by such notices as prescribed in §§ 31.07 and 31.13, as appropriate shall retain one copy for the records of his or her own department or agency; and as soon after issuance as possible shall deliver all other copies to the Clerk-Treasurer for the purpose of administering the further provisions of this section. The Clerk-Treasurer shall examine each such citation so received and shall determine from the records available whether or not the person charged with the violation has previously been convicted of or has admitted guilt to a violation of the same provision or of a substantially similar provision of any ordinance in effect prior to the implementation of this code, and shall note this information on the citation for the information of the court, and shall accordingly fix or adjust., as may be necessary, the amount of fine to be requested in the complaint pursuant to I.C. 34-4-32-4(d)(1), and in accordance with § 31.12, if such amount has not been previously determined accurately and entered in the citation by the enforcement officer issuing the same. The amount of fine so determined shall be entered on the complaint form by the enforcement officer or by the Clerk-Treasurer in the space provided, if any, or else shall be clearly noted and firmly attached to the copies of the complaint to he filed with the court and kept by the Clerk-Treasurer.
   (B)   Thereupon:
      (1)   If the violation cited in the complaint is a violation of any enforcement provision other than a moving traffic offense or a nonmoving traffic offense required by a law or regulation to be reported to the State Commissioner of Motor Vehicles, the Clerk-Treasurer shall retain the citation for the period of time allowed for the offender to compromise and settle the complaint as provided by § 31.13(A), and if the complaint is not compromised and settled within such period of time, the Clerk-Treasurer shall as soon as possible thereafter tender the complaint for prosecution in accordance with § 31.14; or
      (2)   If the violation cited in the complaint is a violation of an enforcement provision constituting a moving or nonmoving traffic offense required by law or regulation to be reported to the State Commissioner of Motor Vehicles, the Clerk-Treasurer shall forthwith tender the complaint for filing with the court in accordance with § 31.14.
(1984 Code, § 1-3-11)
§ 31.12 PROCEDURE FOR FIXING REQUESTED FINE.
   (A)   When an enforcement officer issues and serves a citation, other than a warning citation, for the violation of any enforcement provision, he or she shall, if practicable, determine from the records available the status of the person under this section, and shall determine and fix a fine to be requested in accordance with the provisions of this section, and shall enter the amount of such fine on the copy of the citation given to the offender or on a written attachment thereto and also on all other copies of the citation; however, if it is not practicable for the enforcement officer to check the available records at the time, or if doing so would require detaining the person cited for an unreasonable period of time, the enforcement officer may inquire of the person being cited if he or she has previously been convicted or has admitted guilt, to the same offense being charged (exclusive of similar offenses committed in other jurisdictions), and the enforcement officer may rely on the response of the person for the purpose of this section until such time as the available records can be consulted by the enforcement officer or by the Clerk-Treasurer pursuant to § 31.11; however, should it subsequently prove that the person has given the enforcement officer inaccurate information as to his or her previous convictions or admissions of guilt, the enforcement officer or the Clerk-Treasurer shall adjust the fine requested to accord with the provisions of this section, and the Clerk-Treasurer shall mail to the offender written notice of such adjustment.
   (B)   The amount of fine to be requested in the complaint shall be determined in the following manner:
      (1)   If any provision of this code, including but not limited to § 32.03, establishes a fixed penalty for violation of the provision or of a related provision, then the amount of fine requested in the complaint shall be the fixed amount so specified; however, if no fixed amount is specified but a minimum and maximum penalty are provided, then;
      (2)   If the violation is a first offense against the provision, the fine requested in the complaint, shall be the minimum penalty so established or $1, whichever is greater;
      (3)   If the violation is a second offense in violation of the same provision, then the fine requested in the complaint shall be the minimum penalty so established plus 50% of the difference between the maximum penalty provided for violation of the provision and the minimum penalty; and
      (4)   If the violation is a third or subsequent offense in violation of the same provision, then the fine requested in the complaint shall be the maximum penalty provided for violation of the provision.
   (C)   However, should any person commit two or more separate offenses against any one enforcement provision by virtue of any singular and substantially simultaneous act or circumstance, and such singular and simultaneous act or circumstance is the person’s first or second instance of committing any offense against the particular provision, then each such separate offense shall be severally treated as a first offense or as a second offense, as the case may be, for purposes of fixing a requested fine for each offense in accordance with this section, irrespective of the other offenses concurrently committed.
(1984 Code, § 1-3-12)
§ 31.13 COMPROMISE AND SETTLEMENT OF COMPLAINT WITHOUT TRIAL.
   Any person who has been cited for violation of any provision of this code that is subject to the jurisdiction of the Ordinance Violation Bureau shall have the right to compromise and settle the complaint without trial or appearance in court in accordance with the rules and procedures of the Ordinance Violation Bureau.
(1984 Code, § 1-3-13)
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