(A) The City Council hereby states that all ordinances, which list infractions are subject to the admission of violations before the Violations Clerk who is either the Clerk-Treasurer or her Deputy and the amount of the civil penalty to be assessed to each violator who enters an admission to a violation, these violations and their scheduled fines are as determined from time to time by the City Council.
(B) A person charged with a violation under this section is entitled to a trial before a court as provided by law, unless that person waives that right to trial and enters an admission of the violation with the Violations Clerk; upon such admission of the violation, the Violations Clerk shall assess and receive from the violator the amount prescribed above.
(C) A person charged with a violation of any ordinance mentioned herein wanting to exercise his or her right to trial, the person shall appear before the Violations Clerk and deny the violation and enter a written denial with the Violations Clerk within 30 days of the date of the violation.
(D) Any person having been charged with violations of the scheduled ordinances does any of the following:
(1) Denies and ordinance or code violation under this section.
(2) Fails to satisfy a civil penalty assessed by the Violations Clerk after having entered an admission of the violation; or
(3) Fails to deny or admit the violation under this section; the Violations Clerk shall report this fact to the official having responsibility to prosecute ordinance violations cases for the municipal corporation.
(E) An ordinance violation admitted does not constitute a judgment and an ordinance violation costs fee may not be collected from this defendant.
(F) None of the penalties for the aforementioned violations are in excess of $100.
(G) The Clerk-Treasurer or other designated person shall be responsible for maintaining the ordinance violations period of the third Wednesday of each month or the next subsequent Wednesday if a holiday falls when the office is closed or in situations when the Clerk-Treasurer is unable to have the office of the Clerk-Treasurer open or as the Clerk-Treasurer may direct.
(H) The Clerk-Treasurer and the Rushville City Police Department are responsible for providing tickets to effectively implement operation of the Violations Bureau.
(I) The Clerk-Treasurer shall be responsible for depositing the fine monies in the General Fund pursuant to Indiana Law.
(J) If ordinance violations have not been paid within 30 days of issuance, the City Clerk-Treasurer or designee shall forward these violations to the City Attorney to file in the Rush County Court system to proceed to judgment regarding these violations.
(Ord. 2003-1, passed 5-6-2003; Am. Ord. 2022-18, passed 7-19-2022)