2014 Indiana Code TITLE 33. COURTS AND COURT OFFICERS ARTICLE 36. ORDINANCE VIOLATIONS BUREAUS CHAPTER 3. SCHEDULE OF ORDINANCE AND CODE PROVISIONS; VIOLATIONS
Download as PDF
IC 33-36-3
Chapter 3. Schedule of Ordinance and Code Provisions;
Violations
IC 33-36-3-1
Schedule of ordinance and code provisions; civil penalties
Sec. 1. (a) Upon the appointment or designation of the violations
clerk as provided by IC 33-36-2-1, the legislative body shall
designate, by ordinance or code, a schedule of ordinance and code
provisions of the municipal corporation that are subject to admission
of violation before the violations clerk and the amount of civil
penalty to be assessed to a violator who elects to admit a violation
under this chapter.
(b) Civil penalties shall be paid to, receipted by, and accounted for
by the clerk under procedures provided for by the state board of
accounts. Payment of civil penalties under this chapter may be made
in person, by mail, or to an agent or agents designated by the
legislative body.
As added by P.L.98-2004, SEC.15.
IC 33-36-3-2
Right to trial
Sec. 2. A person charged with an ordinance or a 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 under section 1 of this chapter.
As added by P.L.98-2004, SEC.15.
IC 33-36-3-3
Denial; exercise of the right to trial
Sec. 3. If a person charged with a 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.
As added by P.L.98-2004, SEC.15.
IC 33-36-3-4
Repealed
(Repealed by P.L.88-2006, SEC.9.)
IC 33-36-3-5
Failure to appear or to satisfy assessed civil penalty; report;
prosecution
Sec. 5. (a) If a person:
(1) denies an ordinance or code violation under this article;
(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 under this article;
the clerk shall report this fact to the official having the responsibility
to prosecute ordinance violation cases for the municipal corporation.
(b) Proceedings in court against the person shall then be initiated
for the alleged ordinance violation.
As added by P.L.98-2004, SEC.15.
IC 33-36-3-6
Court costs fee; admitted ordinance violations
Sec. 6. (a) An ordinance violation admitted under this article does
not constitute a judgment for the purposes of IC 33-37. An ordinance
violation costs fee may not be collected from the defendant under
IC 33-37-4.
(b) An ordinance violation processed under this chapter may not
be considered for the purposes of IC 33-37-7-6 when determining the
percentage of ordinance violations prosecuted in certain courts.
As added by P.L.98-2004, SEC.15. Amended by P.L.1-2010,
SEC.134.
IC 33-36-3-7
Disposition of civil penalties and costs collected
Sec. 7. (a) Subject to subsection (b), all sums collected by the
violations clerk as civil penalties for ordinance violations shall be
accounted for and paid to the municipal corporation as provided by
law.
(b) If a city or town that has not established a court under
IC 33-35-1 or an ordinance violations bureau under IC 33-36-2 has
entered into an interlocal agreement described in IC 33-36-2-4 with
a municipal corporation, the sums collected by the violations clerk
that involve the city or town that has not established a court or an
ordinance violations bureau shall be accounted for and paid as
provided in the interlocal agreement.
As added by P.L.98-2004, SEC.15. Amended by P.L.55-2010, SEC.5.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
