(A) The members of the Town Council of Shirley list violations which are subject to the admission of violations before the Violations Clerk and the amount of the civil penalty to be assessed to each violator who enters an admission to a violation,
these violations and their schedules fines are as determined from time to time by the Town 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 an admission of the violation, the Violations Clerk-Treasurer 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 Clerk within 30 days of the date of the violation.
(D) Any person having been charged with violations of the scheduled ordinances does the following:
(1) Denies an 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 chapter; the Clerk shall report this fact to the official having the responsibility to prosecute ordinance violations cases for the municipal corporation.
(E) An ordinance violation admitted does not constitute a judgment for the purposes of I.C. 33-19-5 and an ordinance violation costs fee may not be collected from the defendant under I.C. 33-19-5.
(F) None of the penalties for the aforementioned violations are in excess of $100 pursuant to I.C. 33-6-3-1 et seq.
(G) The Clerk-Treasurer or other designated person shall be responsible for maintaining the ordinance violations period of the fourth 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 Town Marshal 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) (1) Whoever violates any provision of this code for which another penalty is not specifically provided shall be fined as follows:
(a) For the first violation: $75.
(b) For the second violation: $150.
(c) For the third violation: $250.
(2) Each day or occurrence shall constitute a new violation and violations shall be based upon a yearly cycle. All fines less than $250 must be paid to the ordinance violations clerk within 30 days of issuance of the ticket or the fine will be filed with the court. Fines greater than $250 will proceed to court. Once filed in court, the violator may be assessed court costs, and the court may establish the fines not to exceed $2,500. Sewer service violations constitute a fine of up to $2,500 per occurrence.
(Ord. 070701, passed 7-7-01; Am. Ord. 070715, passed 7-7-15)
Editor’s note:
I.C. Title 33 was recodified by P.L. 98-2004, and I.C. 33-6-3-1 et seq. and 33-19-5 were repealed by Section 164 of P.L. 98-2004.
Statutory reference:
Power to prescribe fines up to $2,500 granted, see I.C. 36-1-3-8(a)(10)