(A) No citizen may place or in any way allow his or her grass clippings and/or other yard waste or debris to accumulate on any street in the town. The first violation of this section will be handled via the issuance of a warning.
(2013 Code, Title V, Ch. 15, § 1)
(B) The placement of leaves roadside for town pick-up or removal shall not be subject to this section; provided that, said placement shall not be over or adjacent to a manhole or drainage structure.
(2013 Code, Title V, Ch. 15, § 2)
(C) (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 section, such Marshal or officer may give written notice to such person of such violation.
(a) All such notices shall be serially numbered and shall contain the following information:
1. The specific violation with which the violator is charged;
2. The location of the violation;
3. The signature of the Marshal or officer;
4. The date of the violation; and
5. The amount of penalty prescribed by § 91.99 of this chapter.
(b) 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.”
(c) 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’s Clerk-Treasurer.
(2) Any such person receiving written notice of a violation pursuant to the provisions of this section 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 section shall be in accordance herewith.
(3) If any person receiving notice of violation shall fail to appear to pay the penalty for such violation, under this section within the prescribed time, the Town Marshal shall prepare or cause to be prepared, a proper affidavit for the arrest of such violator. Each arrest summons shall be docketed in the County or Circuit Court in the name of the town pursuant to law and the rules and regulations of said court. The matter shall be prosecuted by the Town Attorney or County Prosecuting Attorney. Any party found to have violated this section shall pay all court costs and attorney’s fees incurred in the enforcement of this section against such party.
(2013 Code, Title V, Ch. 15, § 4)
(Ord. 2007-9-10(a), passed 9-9-2007) Penalty, see § 91.99