HomeMy WebLinkAboutORDER ESTABLISHING JEFFERSONVILLE TRAFFIC BUREAU IN THE CLARK CIRCUIT COURT NO. 3
STATE OF INDIANA
IN RE THE ESTABLISHMENT OF
JEFFERSONVILLE TRAFFIC VIOLATIONS
BUREAU, PURSUANT TO I.C. 33-36-2-1 CASE NO. I Y03. 1-7a I
ORDER ESTABLISHING JEFFERSONVILLE TRAFFIC VIOLATIONS BUREAU
Comes now the Court, on its own motion, and enters the following Order:
Section 1. Pursuant to its authority under I.C. 33-36 et seq, The Court hereby establishes
the Traffic Violations Bureau of the City of Jeffersonville, Clark County, Indiana.
Section 2. Pursuant to its authority under I.C. 33-36-2-1, the Court hereby appoints the
duly elected, qualified and acting Clerk and the Clerk's duly authorized deputy or the Clerk's
duly authorized designee as the bureau's violations clerk and deputy clerk, so serving subject to
the direction and control of the Court.
Section 3. Pursuant to its authority under I.C. 33-36-2-3, the Court hereby directs that the
Traffic Violations Bureau Clerk or Deputy Violations Clerk shall:
1. accept written appearances;
2. accept waivers of trial;
3. accept admissions of violation;
4. accept declarations of nolo contendere for moving traffic violations;
5. accept payments of judgments (including costs) in traffic violation cases; and
6. accept deferral agreements made under authority of I.C. 34-28-5-1 and deferral
program fees prescribed under I.C. 34-28-5-1 (h);
7. issue receipts and account for any judgments (including costs) collected; and
8. pay the judgments (including costs) collected to the appropriate unit of government as
provided by law.
Section 4. Pursuant to its authority under I.C. 34-28-5-8 (1) (D), the Court hereby
designates that any and all moving traffic violations that are provided in a duly and lawfully
enacted ordinance of the municipality that applies when a motor vehicle is in motion to be within
the authority of the Traffic Violations Bureau and its violations clerk;
Section 5. Pursuant to its authority under I.C. 34-28-5-9, the Court hereby establishes the
following schedule of the judgments to be imposed for first violations of any and all moving
traffic violations that are provided in a duly and lawfully enacted ordinance of the municipality
that applies when a motor vehicle is in motion:
1. A judgment in the amount of the fine or penalty defined and set forth in the most
recently effective, lawfully enacted ordinance of the municipality is imposed for violations
constituting a violation of an ordinance that applies when a motor vehicle is in motion; provided,
2. That in addition to the provisions of such other laws regarding the posting of
ordinances, the fine or penalty constituting a judgment be posted in a prominent place where the
fines or penalties are paid;
Section 6. Pursuant to its authority under I.C. 34-28-5-12, the Court hereby further
establishes:
1. That a defendant against whom a judgment is entered or who has entered an admission
of a violation or a pleading of nolo contendere [sic] before a violations clerk of the municipality
for a moving traffic violation in addition to any fine authorized pursuant to the Jeffersonville
Municipal Code shall also pay court costs assessed according to and in the amount prescribed as
follows:
G) Court Fees for Ordinance or Infraction Violations in I.C. 33-37-5-27;
(ii) Law Enforcement Continuing Education fee set forth in I.C. 33-37-5-8;
(iii)Highway Work Zone Fee set forth in I.C. 33-37-5-14;
(iv)Deferral program fee set forth in I.C. 33-37-5-17 and I.C. 34-28-5-1 (h) et seq;
(v) Jury Fee set forth in I.C. 33-37-5-19; and
(vi)Any other costs prescribed by Indiana law.
2. That the violations clerk shall present collections to the City Controller who shall
deposit such collections in the proper agency fund of the City. Within the time prescribed by law,
the City Controller shall then forward the court costs, fines, and fees to the Clerk of the Circuit
Court for distribution pursuant to Indiana law.
This Order is hereby entered this 1�1 day o , 20�, and
shall be in full force and effect January 1, 2017 from after its entryand until such time as the
Court shall issue a subsequent order repealing such o r.
H n. e P. e er, Judge
lark C uit Court No. 3
Tendered by:
Leslie D. Merkley, Atty. #19851-10
Corporation Counsel for City of Jeffersonville
500 Quartermaster Ct., Suite 250
Jeffersonville, IN 47130
(812)285-6423
lmerkley(a)cityofjeff net
Distributed to:
Leslie D. Merkley (address above)
Vicki Conlin, Clerk, City of Jeffersonville, 500 Quartermaster Ct., Jeffersonville, IN 47130
Hon. Joseph P. Weber, Judge, Circuit Court No. 3, 501 East Court Ave., Jeffersonville, IN 47130
Susan Popp, Clerk, Circuit Court, 501 East Court Ave., Jeffersonville, IN 47130