AMENDMENT 1 , ORDINANCE 1 , 2006
WHEREAS, THE TOWN COUNCIL BELIEVES THAT PERSONS VIOLATING CIVIL ORDINANCES SHOULD HAVE THEIR CASES HEARD IN AN EXPEDIANT MANNER; AND
WHEREAS, MONIES DERIVED FROM VIOLATING CIVIL ORDINANCES OF THE TOWN SHOULD BE PAID TO THE TOWN WHERE THE VIOLATION OCCURRED; AND
WHEREAS, IC 33-36-2 ALLOWS FOR THE CREATION OF AN ORDINANCE VIOLATIONS BUREAU TO HANDLE SAID VIOLATIONS; AND
THEREFORE, BE IT ORDAINED THAT THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL ESTABLISHES AN ORDINANCE VIOLATION BUREAU.
ARTICLE I. NAME OF ORDINANCE. This ordinance shall be known and may be cited as the Ordinance Violation Bureau Ordinance.
ARTICLE II. APPOINTMENT OF VIOLATIONS CLERK. The Judge of the Town of Bunker Hill, Indiana shall serve as the Violations Clerk.
ARTICLE III. DUTIES OF THE VIOLATION CLERK. The Violations Clerk may accept:
ARTICLE IV. RIGHT TO TRIAL. Any person charged with an ordinance violation is entitled to a trial before a court as provided by law. Any person wishing to exercise this right to trial, shall appear before the Violations Clerk and deny the violation or enter a written denial with the Clerk, within twenty (20) days of the alleged violation. Failure to do so shall result in default judgment against said person.
ARTICLE V. SCHEDULE OF CIVIL PENALTIES. The following schedule of ordinances and town code previsions shall be subject to the jurisdiction of the Ordinance Violation Bureau and shall be subject to the civil penalty set forth below. All fines must be paid to Clerk's office prior to expiration of time set forth in Article IV. Failure to do so shall result in default judgment with statutory interest.
| ORDINANCE OR CODE CHAPTER |
VIOLATION | CIVIL PENALTY | ||
| Chapter 72.03 | Overtime Parking | $ 25.00 per citation | ||
| Chapter 72.06 (A) | Driving/parking on sidewalk | $ 25.00 per citation | ||
| Chapter 72.06 (M) | Parking during prohibited hours | $ 25.00 per citation | ||
| Chapter 72.06 (M) | Parking on yellow line | $ 25.00 per citation | ||
| Chapter 72.06 (M) | Parking in no parking zone | $ 25.00 first citation
$ 50.00 repeat citations |
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| Chapter 72.01 | Parking, wrong side of street | $ 25.00 per citation | ||
| Chapter 72.05 | Vehicles parked in alleys | $ 25.00 per citation | ||
| Chapter 72.06 (M) | Parking in handicap zone | $ 50.00 per citation | ||
| Chapter 90.01 | Junked or abandoned vehicles | $ 50.00 per citation | ||
| Chapter 93.12 | Littering (Park only) | $ 25.00 per citation | ||
| Chapter 94.02 | Grass weeds in excess of
8 inched in height |
$ 25.00 first citation
$ 50.00 second citation $ 100.00 thereafter |
||
| Chapter 92.01 | Loud music/excessive noise | $ 25.00 per citation | ||
| Chapter 91.04 | Animals running at large | $ 25.00 first citation
$ 50.00 second citation $ 100.00 thereafter |
||
| Chapter 91.01 (A) | Excessive barking | $ 25.00 first citation
$ 50.00 second citation $ 100.00 thereafter |
||
| Chapter 72.06 (A) | Obstruction of sidewalks and streets | $ 25.00 per citation | ||
| Chapters 93.10, 93.11 | No vender permit | $ 25.00 per citation | ||
| Chapter 93.05 | Alcohol on park property | $ 25.00 per citation | ||
| Chapter 72.04 | Semi's parked on local streets | $ 25.00 first citation
$ 50.00 second citation $ 100.00 thereafter |
||
| Chapter 74 Schedule 1 | Failure to stop at stop sign | $ 25.00 first citation
$ 50.00 second citation $ 100.00 thereafter |
||
| Chapter 73.01 | Improper or lack of equipment
on bicycles |
$ 25.00 per citation | ||
| Chapter 73.02 | Bicycle riders ignoring rules of road | $ 5.00 first citation
$ 10.00 second citation Confiscation, third citation |
||
| Chapter 93.09 | In park after hours | $ 25.00 per citation | ||
| Chapter 130.01 | Curfew violation | $ 25.00 per citation | ||
| Chapter 132.02 and
Ordinance 4, 2005 |
Unlawful discharge of firearms | $ 25.00 per citation | ||
| Article VII. of
Ordinance 13, 1997 |
Placing of snow in streets and alleys | $ 25.00 first citation
$ 50.00 repeat citations |
ARTICLE VI. FAILURE TO APPEAR OR SATISFY ASSESSED CIVIL PENALTY. Any person who: (a.) denies an ordinance or code violation; or (b.) fails to satisfy a civil penalty assessed by the Violations Clerk after having entered an admission of violation; or (c.) fails to deny or admit the violation, shall require the Clerk to report same to the Town Attorney to initiate the proceedings in court for the alleged ordinance or code violation which may result in additional court cost and penalties.
ARTICLE VII. ORDINANCES AND CODE PROVISIONS IN HARMONY WITH SCHEDULE OF CIVIL PENALTIES. The provisions of the Town Code of Ordinances and any other ordinances of the town referred to in Article V. are hereby amended to provide and declare the civil penalty schedule with the code provision or ordinance to be the specific civil penalty for the violation of the code provision or ordinance.
ARTICLE VIII. DISTRIBUTION OF FUNDS. The proceeds from the violations bureau shall be placed into the General Fund of the town.
ARTICLE IX. APPROVAL.
THIS ORDINANCE WAS DULY ADVERTISED AND APPROVED BY THE TOWN COUNCIL
OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA AFTER A PUBLIC HEARING
ON THE
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ATTEST:
Norman McBride, Clerk/Treasurer |
Leslie H. Briggs, President
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