When 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 the notices as prescribed in § 35.23 and § 35.29, 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 of ordinances, 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 IC 34-28-5-4 and in accordance with § 35.28, if that 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 be filed with the court and kept by the Clerk Treasurer. Thereupon:
(A) If the violation cited in the complaint is a violation of any enforcement provision other than a moving traffic offense or a non-moving traffic offense required by a law or regulation to be reported to the Indiana 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 § 35.29(A) and if the complaint is not compromised and settled within that period of time, the Clerk-Treasurer shall, as soon as possible thereafter, tender the complaint for prosecution in accordance with § 35.30; or
(B) If the violation cited in the complaint is a violation of an enforcement provision constituting a moving or non-moving traffic offense required by law to be reported to the Indiana Commissioner of Motor Vehicles, the Clerk-Treasurer shall forthwith tender the complaint for filing with the court in accordance with § 35.30.
('85 Code, § 1-3-11)