(A) For the purpose of this section, the term “violation of this code” means any of the following:
(1) Doing and act that is prohibited or made or declared unlawful, an offense, a violation, or a misdemeanor by ordinance, rule, or regulation authorized by this section;
(2) Failure to perform an act that is required to be performed by ordinance, or by rule or regulation authorized by ordinance; or
(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, or a misdemeanor by ordinance, or by rule or regulation authorized by ordinance.
(B) The term does not include the failure of a town officer or own employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.
(C) Except as otherwise provided by law or ordinance:
(1) Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500 for a first offense and a fine not to exceed $7,500 for a second or subsequent offense, unless the violation is of an ordinance that regulates traffic or parking. In such cases, the fine may not exceed the sum of $2,500; and
(2) With respect to violations of this code of ordinances that are not continuous with respect to time, each violation is a separate offense.
(D) The imposition of a penalty does not prevent the suspension or revocation of a license, permit, franchise, or other administrative sanctions.
(E) Violations of this code of ordinances that are continuous with respect to time are a public nuisance and my be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.
(F) The imposition of a penalty does not prevent suspension or revocation of a license, permit, franchise, or other administrative sanctions.
(Ord. 2-2021, passed - -)
Statutory reference:
Enforcement of ordinances, see I.C. 36-1-6-1 et seq.
Limitations on penalties, see I.C. 36-1-3-8(9) and I.C. 36-1-3-8(10)