Whenever a court enters judgment in favor of the town in the trial of an ordinance violation complaint, the court shall fine the violator in an amount not exceeding the penalty requested in the complaint; however, the Judge of the court shall have discretion to impose a lesser fine than that requested if, in the judgment of the court, there exist extenuating or mitigating circumstances warranting a lesser penalty; but if the judgment is entered by the Clerk of the court upon waiver of trial and admission of guilt by the defendant, the Clerk does not have discretion to impose a lesser penalty, unless so ordered by the Judge. The court shall also tax and assess as part of the judgment in favor of the town the municipal prosecutor’s fee as prescribed by § 31.14 and by law, and any other costs incurred and stipulated by the town in connection with the filing and prosecution of the complaint and which are recoverable pursuant to I.C. 33-10.5-8-9. In accordance with the provisions of I.C. 33-10.5-8-11, the Clerk of the court shall each month pay to the Clerk-Treasurer all fines, costs and that portion of the municipal prosecutor’s fees owing to the town and collected by the court, and the Clerk-Treasurer shall allocate and deposit such monies in accordance with § 31.19.
(1984 Code, § 1-3-16)