(A) Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon admission or conviction, be subject to a civil penalty. Unless the amount of the penalty is set elsewhere in the code of ordinances, the designated civil penalty for all activities are to be assessed as follows:
(1) First Offense within a calendar year, $25.
(2) Second offense and subsequent offenses within a calendar year, $150.
(B) It is recommend that warning citations be issued whenever possible to first time offenders but this shall be at the discretion of the issuing officer or city official. Citations issued following a warning citation shall be deemed to be for a first offense or a second or a subsequent offense.
(C) The city may choose to seek enhanced civil penalties up to $2,500 for any acts deemed to be especially egregious or for repeat or chronic offenders.
(D) A person, firm, or corporation who wishes to admit a violation may simply appear at the City Clerk-Treasurer's Office and pay the civil penalty which applies to that violation. An individual who chooses to contest that a violation was committed should appear at the City Clerk-Treasurer's Office on or before the appearance date specified on the citation and enter a specific denial so that the case can be docketed with the Daviess Superior Court or Daviess Circuit Court. Failure to pay the civil penalty or to appear at the City Clerk-Treasurer's Office to deny the violation will be deemed to be a denial and the matter will be docketed and set for trial in the Daviess Superior Court or Daviess Circuit Court.
(E) Citation authority granted to city officials.
(1) The following city officials have citation writing authority pursuant to the schedule of municipal ordinance and code violations contained at “Exhibit A” to Ordinance 23-2016, passed November 28, 2016: All officers and reserve officers of the Washington Police Department, members of the Washington Fire Department, the City Building Commissioner, the City Code Enforcement Officer and his or her agents, the Animal Control Officer and agents of that department, the Superintendent of the Wastewater Treatment facility and of the Stormwater Department.
(2) Civil penalties for citations may be paid at the City-Clerk Treasurer’s office within 30 days of issuance. If not paid within 30 days, the ordinance violation will be docketed in Daviess Superior Court or Daviess Circuit Court and set for trial.
(Ord. 13-2012, passed 9-24-2012; Am. Ord. 23-2016, passed 11-28-2016)
Cross-reference:
Deferral program for violations of city ordinances, see § 34.04
Statutory reference:
Power to prescribe fines up to $2,500 granted, see I.C. 36-1-3-8(a)(10)