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HomeMy WebLinkAbout2016-OR-6 FAILEDr 14eO-Q Q A)cQ 43 kdQ 0.1- AL ORDINANCE NO. 2016 -OR- BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE STATE OF INDIANA ORDINANCE ADOPTING AN ORDINANCE VIOLATIONS BUREAU Sections: 1.1 Established 1.2 Administrator of bureau 1.3 Payable fines declared 1.4 Failure to satisfy civil penalty or failure to deny or admit violation 1.5 Ordinance violation not constituting judgment 1.6 Schedule of code or ordinance violations 1.1 Established. 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 33-36-2-3(4). 1.2 Administrator 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, shall be authorized to accept the payments of fines pursuant to this chapter. 1.3 Payable fines declared. (A) All local ordinance violation are hereby now determined to be payable offenses, subject to admission before the violations clerk, which shall be the clerk or his 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 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 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 by the Common Council for the City of Jeffersonville. (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. 1.4 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, if a person: (1) Denies an ordinance or code violation subject to the provisions of IC 33-36; 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 IC 33-36. (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 30 days of the date of issuance, the violation shall be filed with the Clerk of the Clark Circuit Court having subject matter jurisdiction and the matter will be set for initial appearance. 1.5 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 33-37-7-5 or 33- 37-7-6 when determining the percentage of ordinance violations prosecuted in certain courts. This ordinances shall be in full force and effect on the day of of , 2016. Voted for: Voted Against: PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Clark County, Indiana upon this day of .2016. Matthew Owen, President ATTEST: Vicki Conlin, Clerk City of Jeffersonville PRESENTED by me to the Mayor of the City of Jeffersonville, Clark County, Indiana upon this 22016. Mike Moore, Mayor City of Jeffersonville Vicki Conlin, Clerk City of Jeffersonville SIGNED AND APPROVED by me upon this day of 12016. Mike Moore, Mayor City of Jeffersonville day of