HomeMy WebLinkAbout2016-OR-23 ORDINANCE VIOLATIONBEFORE THE JEFFERSONVILLE COMMON COUNCIL
STATE OF INDIANA
ORDINANCE NO. 2016 -OR- 6W
AN ORDINANCE ESTABLISHING ORDINANCE VIOLATIONS BUREAU
WHEREAS, the Common Council of the City of Jeffersonville, Indiana, believe that an Ordinance
Violations Bureau for the City of Jeffersonville, Indiana, is in the best interest of the health, safety, and
welfare of the citizens of Jeffersonville, Indiana; and
WHEREAS, the Council now believes it is in the best interest of the health, safety, and welfare of
the citizens of the City to adopt a fine schedule for ordinance violations paid through the Jeffersonville
Ordinance Violations Bureau, and further believes the schedule of fines set forth below are reasonable
and appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
JEFFERSONVILLE, INDIANA:
ARTICLE 1. ESTABLISHMENT
There is hereby established in the office of the clerk of the City of Jeffersonville an ordinance
violations bureau for the acceptance of written appearances, waivers of trial, admissions of violations,
and payment of civil penalties of not more than the statutory limit set forth in IC 33-36-2 et seq.
ARTICLE 2. ADMINISTRATION OF BUREAU
The clerk of the City of Jeffersonville shall be the administrator of said ordinance violations
bureau and, pursuant to IC 33-36-3-1, shall be authorized to accept the payments of fines pursuant to
this chapter.
ARTICLE 3. PAYABLE FINES DECLARED
(A) All local ordinance violations, as hereinafter may be designated by proper schedule and
identified throughout the several sections of this code, are hereby now determined to be payable
offenses, subject to admission before the violations clerk, which shall be the clerk or his/her designee,
and each violator may elect to pay a fine directly to the office of the clerk, ordinance violations bureau,
without the necessity of appearing in court.
(B) If a person charged with a violation of a municipal ordinance or a code violation, as hereafter
may be designated, wants to exercise the right to trial, the person shall appear before the violations
clerk and deny the violation or enter a written denial with the clerk.
(C) A person charged with an ordinance or code violation is entitled to a trial before a court as
provided by law, unless the person waives the right to trial and enters an admission of the violation with
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the violations clerk. Upon an admission, the clerk shall assess and receive from the violator the amount
prescribed by the schedule of civil penalties established.
(D) Any person cited for violations of the ordinance or code provisions shall be entitled to pay
the fine at the violations bureau within 30 days of the issuance of the citation.
(E) Any person paying a fine at the ordinance violations bureau shall execute a waiver of right to
trial and admission of the violation.
ARTICLE 4. FAILURE TO SATISFY CIVIL PENALTY OR FAILURE TO DENY OR ADMIT VIOLATION
(A) The clerk shall report to the official having responsibility to prosecute ordinance violation
cases for the municipal corporation in accordance with IC 33-36-3-5, if a person:
(1) Denies an ordinance or code violation subject to the provisions of this article; or
(2) Fails to satisfy a civil penalty assessed by the violations clerk after having entered an
admission of violation; or
(3) Fails to deny or admit the violation subject to the provisions of this article
(B) Proceedings in court shall then be initiated against the person for the alleged ordinance
violation.
(C) If the citation has not been paid at the violations bureau within 90 days of the date of
issuance, the violation shall be filed with the Clerk of the Circuit Court No. 3 for Clark County and the
matter will be set for initial appearance.
ARTICLE S. ORDINANCE VIOLATION NOT CONSTITUTING JUDGMENT
Except as otherwise provided, an ordinance violation admitted under this chapter does not
constitute a judgment for the purposes of IC 33-37, and ordinance violation cost fees may not be
collected from the defendant under IC 33-37-4. In addition, an ordinance violation processed by the
bureau may not be considered for the purposes of IC 33-37-7-6 when determining the percentage of
ordinance violations prosecuted in certain courts.
ARTICLE 6. SCHEDULE OF ORDINANCE VIOLATIONS
The Common Council for the City of Jeffersonville, Clark County, Indiana, hereby establishes and
designate the following fine schedule for ordinances that are subject to admission before a violations
clerk in the ordinance violations bureau, and subject to the enforcement jurisdiction of the officers of
the Jeffersonville police department, animal control officers, or any other person authorized or
empowered to enforce the municipal codes of the City of Jeffersonville:
The City of Jeffersonville regulations and Code of Ordinance provisions identified in the schedule
in this section (each hereinafter referred to as "Bureau Ordinance") shall be within the jurisdiction of the
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Bureau subject to the civil penalties listed to the right of each Bureau ordinance pursuant to I.C. 33-36-
3-1. Each civil penalty is assessed per violation.
Violation Fine/Penalty
Parking/Non-Moving Violations
Parking violations $25.00
Animal Control
First Violation $30.00
Second Violation $60.00
Third Violation $120.00
Fourth and Subsequent Violation $250.00
Noise Limits
First Violation
$25.00
Second Violation
$75.00
Third and Subsequent Violation
$150.00
Door to Door Solicitation without a permit
$100.00
Transient Merchant operating without a permit
$100.00
Open Burning
First Violation
$100.00
Second Violation
$200.00
Third Violation
$250.00
Discharge of Legal Fireworks
$75.00
Interference/Impediment of pubic street, sidewalk or
Public right of way
$50.00
False Alarm
First through Third Violation
$0
Fourth through Fifth Violation
$25.00
Violations in excess of Fifth Violation
$50.00
Operating taxicab without a permit
$250.00
Other Miscellaneous Violations
$25.00
ARTICLE 8. PENALTIES AND PAYABLE OFFENSES BEFORE TRAFFIC BUREAU VIOLATIONS CLERK
(A) Penalties and Payable Offenses Before Traffic Bureau Violations Clerk.
(1) Any person, firm or corporation violating any portion of the city ordinances which
regulate the traffic and operation of a motor vehicle on the streets, alleys, or other public
places, which constitute moving violations, in lieu of being charged for such violation in a court,
may pay to a traffic violations clerk in the traffic violations bureau, as duly established by the
Clark Circuit Court No. 3 in the office of the City Clerk, a penalty for a moving violation in the
following identified amounts:
Violation Fine/Penalty
Disobeying stop sign $50.00
Disregarding automatic traffic signal $50.00
Failure to yield right-of-way $50.00
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Improper passing violation
$25.00
Improper turn violation
$25.00
Other moving violation
$25.00
Parking violation
$25.00
Wrong way on one way street
$50.00
Railroad crossing violation
$50.00
Weight limits
$25.00
Speeding
1-10 MPH over posted speed limit
$100.00
11-20 MPH over posted speed limit
$150.00
21-25 MPH over posted speed limit
$200.00
In excess of 25 MPH over posted speed limit
$250.00
(2) Such payments shall be deposited in the proper agency fund of the City of
Jeffersonville, pursuant to subsection (D)(2) of this section.
(3) As used in this title, "moving traffic violation" means a violation of an ordinance that
applies when a motor vehicle is in motion.
(4) If such persons, entity or organization shall violate any portion of the town
ordinances which regulate the traffic and operation of a motor vehicle on the streets, alleys, or
other public places which constitute moving violations, and either:
(a) There is a failure to pay the civil violation as set forth in subsection (A)(1) of
this section; or
(b) Such persons charged elect to exercise their right to trial;
then, except as may be otherwise provided in this code, such violation shall be construed as a justiciable
offense and shall be subject to a fine of not less than $25 per violation, nor more than $2,500. Each day
of such unlawful activity as is prohibited shall be deemed a separate offense.
(B) Penalties and Payable Offenses Before Ordinance Violation Bureau Admissions Clerk
(1) Any person, entity or organization who shall violate any provisions of this title,
except where otherwise stated, shall be fined in the amount set forth in the designated
schedule as a payable offense subject to admission before the violations clerk of the ordinance
violation bureau in the amount set forth in the admissions clerk payable offenses schedule.
(2) Upon failure to pay any penalty herein prescribed or set forth any other ordinance,
the person shall be charged pursuant to the provisions set forth.
(C) Ordinance Deferral Program
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(1) There is hereby established an ordinance deferral program to be administered by the
attorney for the municipal corporation or his designee, pursuant to IC 34-28-5-1 et seq. This may
not be applied to a violation under IC 9-24-6 involving the operation of a commercial motor
vehicle.
(2) The attorney for the municipal corporation is authorized to establish an ordinance
deferral program for deferring action brought under IC 34-28-5-1 et seq. provided, that all of the
following apply:
(a) The defendant in the action agrees to the conditions of the deferral program
offered by the attorney for the municipal corporation;
(b) The defendant in the action agrees to pay the clerk of the court an initial
user's fee and monthly user's fee set by the attorney for the municipal corporation in
accordance with IC 33-37-4-2(e);
(c) The terms of the agreement are recorded in an instrument signed by the defendant
and the attorney for the municipal corporation;
(d) The defendant in the action agrees to pay court costs of $70.00 to the clerk of the
court in the event that the action involves a moving violation as defined in IC 9-13-2-
110;
(e) The agreement is filed in the court in which the action is brought.
(3) When the defendant complies with the terms of the agreement as set forth above,
the attorney for the municipal corporation shall file a motion with the court requesting that the
court dismiss the action, and an action dismissed under this plan shall not be subject to being
refiled. (IC 34-28-5-1(h) (6)
(4) Pursuant to IC 33-37-4-2(e), which provides that the initial users fee shall not exceed
$52.00 and, thereafter, a monthly user's fee shall not exceed $10.00 for each month that the
defendant remains in the deferral program. Such fees are hereby fixed as follows:
(a) The initial user's fee is hereby fixed at $50.00;
(b) The user shall also pay those additional fees provided by IC 33-37, Chapters 4 and 5,
that apply to an action involving an ordinance;
(c) The monthly user fee is hereby fixed at $10.00 per month for each month the
defendant remains in the program.
(5) A person charged with the offense of exceeding the posted speed limit in excess of
20 miles per hour over the posted limit or a person who has had a previous moving violation
conviction in the one year prior to the date of the ordinance violation that is sought to be
deferred shall not be entitled to participate in this program.
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(D) Special Statutory Fees.
(1) Except as otherwise provided in this title, a defendant against whom a judgment is
entered or who has entered an admission of a violation or a pleading of nolo contendere before
a traffic violations clerk of the municipality for a moving traffic violation, in addition to any fine
or ordinance violations fee authorized pursuant to this code or relevant Indiana law, shall pay
the fees as required by IC 33-37-4-2(b) and 33-37 et seq.
(2) The Controller shall deposit such collections in the proper agency fund of the city.
Within the time prescribed by law, the Controller shall then forward the court costs, fines, and
fees to the Clerk of the Clark Circuit Court for distribution pursuant to Indiana law.
ARTILCE 9. MISCELANEOUS PROVISIONS.
(A) All ordinances or part of ordinances inconsistent with this ordinance are hereby repealed to
the extent of such inconsistency. Provided, however, that such repeal shall be only to the extent of such
inconsistency, and in all other respects the ordinance or parts of ordinance are hereby ratified, re-
established, and confirmed. Any provision contained in any prior ordinance that conflicts with the
Schedule of Fines provided in Section 6 is hereby repealed. The Schedule of Fines provided in Section 6
shall supersede any other fines set forth for those violations.
(B) The clause headings appearing in this ordinance have been provided for convenience and
reference, and do not purport and will not be deemed to define, limit, or extend the scope of intent of
the clauses to which the headings pertain.
(C) If any part of this ordinance is held to be invalid, such part will be deemed severable and its
invalidity will have no effect upon the remaining provisions of this ordinance.
ARTILCE 10. EFFECTIVE DATE.
The Ordinance shall be in full force and effect from and after its passage and due publication.
644— vl�woalit_) J
Voted Against:
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Passed and adopted on this-5—clay of 2016.
Matt 0 esident
Att
Vicki Conlin, Clerk
2016- OR- presented by e Vicki Conlin, Clerk, to the Mayor of Jeffersonville at
m. on this �_ day of 2016.
T-::� 4�
22 Vicki Conlin, Clerk
2016 -OR- 6J signed and approved by Mike Moore, a o of Jeffers ville at M.
on this /c7 day of 20 6
Mike Maore, Mayor
2016-011- vetoed by Mike Moore, Mayor of Jeffersonville at m. on this
day of 2016.
Mike Moore, Mayor
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