(A) (1) Whenever the Town Marshal or any duly qualified and acting law enforcement officer shall find that any person has committed any action which is declared unlawful by the provisions of this chapter, such Marshal or officer may give written notice to such person of such violation. All such notices shall be serially numbered and shall contain the following information:
(a) The specific violation with which the violator is charged;
(b) The location of the violation;
(c) The signature of the Marshal or officer;
(d) The date of the violation; and
(e) The amount of penalty prescribed by § 72.99 of this chapter.
(2) The notice shall also contain the following statement: “Within 72 hours from the time of violation as shown on this notice of violation, bring this notice to the Clerk-Treasurer’s office, Town Hall, Topeka, Indiana, 46571, or mail fine to such address within 72 hours from the time of violation or warrant will be issued for arrest which may result in extra costs.”
(3) All such written notices shall be executed by the Town Marshal or officer in triplicate. One copy shall be served upon the violator as herein provided, one copy shall be filed in the office of the Town Marshal and one copy with the Town Clerk-Treasurer.
(B) Any person receiving written notice of a violation pursuant to the provisions of this chapter shall, within 72 hours from the date of the violation, appear at the Clerk-Treasurer’s office, Town Hall, Topeka, Indiana, 46571, and pay the prescribed penalty, by depositing such amount along with the notice of violation with the officer on duty or in the place provided and marked for such purpose, or such person within such time may mail such fine with the written notice to the Clerk-Treasurer’s office. In the event that said 72-hour period shall expire on Saturday, Sunday or legal holiday, such violator shall have up to 4:00 p.m. on the next day following that the Clerk-Treasurer’s office is open. The penalties which shall be payable in compromise of the violations of this chapter shall be in accordance herewith.
(C) If any person receiving notice of violation shall fail to appear to pay the penalty for such violation, under this chapter within the prescribed time, the Town Marshal shall prepare or cause to be prepared a proper affidavit for the arrest of such violator. Procedures for arrest and court appearance shall be in accordance with I.C. 34-28-5-1 et seq. Each arrest summons shall be docketed in the County or Circuit Court of the county, in the name of the town pursuant to law and the rules and regulations of said court. It shall be the duty of the attorney representing the town or said attorney’s delegate (which delegate may be the prosecuting attorney) to prosecute each violation of this chapter.
(D) The County Clerk shall remit fines collected for violation of this chapter into the General Fund of the town by transmittal to the Town Clerk-Treasurer not less often than monthly. The County Clerk shall distribute costs in accordance with the statutory schedules.
(2013 Code, Title IV, Ch. 8, § 5) (Ord. III-A-1-d(7), passed 12-3-1984)