When a citation has been issued for violation of an enforcement provision of this code and the violation is a traffic offense as described in § 35.27(B) or is some other kind of offense and the time period allowed for compromise and settlement of the complaint, as provided by § 35.29(A) and § 35.23 has elapsed, the Clerk-Treasurer shall deliver a copy of the complaint and summons to the Town Attorney, who shall file it in the name of the town with the Clerk of the Hamilton County Court or other court of competent jurisdiction and prosecute the complaint in accordance with IC 34-28-5-1(c) and applicable rules of the court. However, the Town Attorney may prescribe a different procedure for filing the complaint with respect to any class of violation if he or she deems such an alternative procedure more suitable and expedient. For the services and functions of the Town Attorney, as provided in this section, the court, upon conviction of the offender, shall assess as a part of the judgement in favor of the town and in addition to any fine imposed, a municipal prosecutor's fee in the amount prescribed by IC 33-19-5-1. The prosecutor's fee shall be assessed whether or not the Town Attorney actually makes a personal appearance at the trial of the cause of the complaint.
('85 Code, § 1-3-14)
Editor’s note:
IC 33-19-5-1 was repealed by P.L. 98-2004, Sec. 164.