a. In any action to enforce an ordinance brought in the name of the Town of Schererville, Indiana, the Town Attorney, or Special Prosecuting Attorney, (hereinafter referred to as "Town Attorney"), at his discretion, may defer prosecution of said matter subject to the following terms and conditions:
1. The defendant in the action agrees to the conditions of a deferral program offered by the attorney for the Town of Schererville, Indiana; and
2. The defendant in the action agrees to pay to the Clerk of the Schererville Town Court an initial user's fee of fifty-two dollars ($52.00) and a monthly user's fee of ten dollars ($10.00) per month for six (6) continuous months, or the number of months the defendant is a participant in the deferral prosecution program; and
3. The terms of the agreement are recorded in an instrument signed by the defendant, his legal counsel, if any, and the Town Attorney; and
4. The defendant in the action shall pay additional court costs in the amount of twenty-five ($25.00) dollars if the action involves a moving traffic offense as defined in I.C., § 9-13-2-110; and
5. The agreement is filed with, and approved by, the Schererville Town Court.
(Ord. No. 1339, § 1, 6-10-96; Ord. No. 1488, § 1, 5-10-00)
b. The agreement set forth in paragraph a., may include any additional provisions deemed appropriate by the Town Attorney; however, the provisions set forth in subparagraphs (1) through (5) are minimal requirements to be contained in any deferred prosecution agreement.
(Ord. No. 1339, § 2, 6-10-96)