Chapter 9.85
ORDINANCE VIOLATIONS BUREAU
Sections:
9.85.020 Administrator of bureau.
9.85.030 Payable fines declared.
9.85.040 Failure to satisfy civil penalty or failure to deny or admit violation.
9.85.050 Ordinance violation not constituting judgment.
9.85.060 Schedule of code or ordinance violations.
9.85.010 Established.
There is hereby established in the office of the clerk-treasurer of the town of Highland 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). [Ord. 1357 § 1, 2007. Code 2000 § 131.01].
9.85.020 Administrator of bureau.
The clerk-treasurer of the town of Highland 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. [Ord. 1357 § 1, 2007. Code 2000 § 131.02].
9.85.030 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-treasurer or his designee, and each violator may elect to pay a fine directly to the office of the clerk-treasurer, 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 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 HMC 9.85.060.
(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. [Ord. 1357 § 1, 2007. Code 2000 § 131.03].
9.85.040 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 Highland town court and the matter will be set for initial appearance. [Ord. 1357 § 1, 2007. Code 2000 § 131.04].
9.85.050 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. [Ord. 1357 § 1, 2007. Code 2000 § 131.05].
9.85.060 Schedule of code or ordinance violations.
(A) Building Code. The town council of the town of Highland, Lake County, Indiana, hereby establishes and designates 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 building inspector, the associate inspectors, the officers of the Highland police department, or any other person authorized or empowered to enforce the municipal codes of the town of Highland:
|
Code Section |
Violation |
Fine |
|---|---|---|
|
15.10.010 et seq. |
Building code violations |
1st offense: $75.00 2nd and all subsequent offenses: $150.00 |
|
15.10.010 et seq. |
Permit violations |
1st offense: $75.00 2nd and all subsequent offenses: $150.00 |
|
15.10.010 et seq. |
Stop work orders violations |
All offenses: $250.00 |
|
15.15.030 et seq. |
Electrical permit and swimming pool violations |
1st offense: $75.00 2nd and all subsequent offenses: $150.00 |
|
15.20.010 et seq. |
Plumbing permit violations |
1st offense: $75.00 2nd and all subsequent offenses: $150.00 |
|
15.20.070 et seq. |
Contractor license violations |
1st offense: $75.00 2nd and all subsequent offenses: $150.00 |
|
15.30.010 et seq. |
Unsafe building violations |
1st offense: $75.00 2nd and all subsequent offenses: $150.00 |
|
15.35.010 et seq. |
Building demolition violations |
1st offense: $150.00 2nd and all subsequent offenses: $250.00 |
(B) General Regulations. The town council of the town of Highland, Lake County, Indiana, hereby establishes and designates 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 building inspector, the associate inspectors, the officers of the Highland police department, the public works director, the assistant public works director or any other person authorized or empowered to enforce the municipal codes of the town of Highland:
|
Code Section |
Violation |
Fine |
|---|---|---|
|
5.05.160(A) |
Operating without a business license or registration |
1st offense: $100.00 2nd and all subsequent offenses: $150.00 |
|
5.15.120 et seq. |
Amusement license violations (per machine) |
All offenses: $95.00 |
|
5.25.010 et seq. |
Controlled event violations |
All offenses: $250.00 |
|
5.35.010 et seq. |
Peddler and solicitor violations |
1st offense: $75.00 2nd and all subsequent offenses: $150.00 |
|
Tattoo parlor violations |
1st offense: $100.00 2nd and all subsequent offenses: $250.00 |
|
|
6.05.040(A) or (B) |
Dog running loose |
1st offense: $50.00 2nd and all subsequent offenses: $100.00 |
|
6.05.040(E) |
Dog barking |
1st offense: $50.00 2nd and all subsequent offenses: $100.00 |
|
Animal vaccination violation |
All offenses: $75.00 |
|
|
Animal waste violation |
All offenses: $75.00 |
|
|
Animal license violation |
All offenses: $75.00 |
|
|
Bus bench violations |
All offenses: $25.00 |
|
|
Road cut violations |
All offenses: $100.00 |
|
|
Minor curfew |
1st offense: $100.00 (if curfew is only charge) 2nd offense: $200.00 3rd offense: mandatory court appearance |
|
|
Skateboarding violation |
All offenses: $50.00 |
|
|
Various nuisance violations |
All offenses: $75.00 |
|
|
Weed violations (per day) |
All offenses: $85.00 |
|
|
Abandoned and junked motor vehicles |
All offenses: $125.00 |
|
|
Various noise ordinance violations |
1st offense: $50.00 2nd and all subsequent offenses: $100.00 |
|
|
Fireworks: discharging unapproved fireworks as defined by IC 22-11-14 et seq. |
All offenses: $150.00 |
|
|
9.80 et seq. |
Various offenses in chapter |
All offenses: $125.00 |
|
Unlawful origin of solid waste |
1st offense: $125.00 2nd and all subsequent offenses: $250.00 |
|
|
Littering |
All offenses: $75.00 |
|
|
Open burning of garbage or rubbish |
1st offense: $100.00 2nd and all subsequent offenses: $200.00 |
|
|
12.15.060(F) |
Trash collection/pilfering violations |
All offenses: $50.00 |
|
12.15.060(G) |
Unauthorized collection of recyclables |
All offenses: $50.00 |
|
Abandoned refrigerators and appliances |
All offenses: $75.00 |
|
|
12.15.150(A) |
Roll off containers on public ways or alleys |
All offenses: $150.00 |
|
12.20.100(B) |
Wastewater disposal violations |
All offenses: $125.00 |
(C) Park Regulations. The town council of the town of Highland, Lake County, Indiana, hereby establishes and designates 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 superintendent of parks and recreation, the director of parks, the officers of the Highland police department, or any other person authorized or empowered to enforce the municipal codes of the town of Highland:
|
Code Section |
Violation |
Fine |
|---|---|---|
|
Defacing/destroying park property |
$45.00 |
|
|
Bringing in trees, shrubs without authorization |
$45.00 |
|
|
11.10.080(A) and (B) |
Littering or dumping trash/noxious materials |
$45.00 |
|
Littering or dumping trash |
$45.00 |
|
|
Unauthorized introduction of game/unauthorized fishing, hunting/animal waste and pets on leash |
$45.00 |
|
|
Fires, ashes and the like |
$45.00 |
|
|
Firearms, weapons, explosives and throwing stones |
$45.00 |
|
|
Sleeping and camping |
$45.00 |
|
|
11.10.130(A) |
Park traffic – parking and storage without payment of fee and overnight |
$45.00 |
|
11.10.130(B) |
Park traffic – riding or operating vehicles in park |
$45.00 |
|
11.10.130(C) |
Park traffic – riding or operating vehicles in park when closed or barricaded |
$45.00 |
|
11.10.130(D) |
Park traffic – parking and storage only in parking designated lots |
$45.00 |
|
11.10.130(E) |
Park traffic – vehicle and spotlight shining into park |
$45.00 |
|
11.10.130(F) |
Park traffic – three-fourths-ton vehicle in park w/o special permit or authority |
$45.00 |
|
Snowmobiles, sledding, skiing and skating |
$45.00 |
|
|
Golfing in parks |
$45.00 |
|
|
Bows and arrows prohibited |
$45.00 |
|
|
Baseball play confined to designated areas and baseball diamonds |
$45.00 |
|
|
Aircraft landing or alighting without a written permit |
$45.00 |
|
|
Swimming, bathing or wading |
$45.00 |
|
|
Disturbing the peace |
$45.00 |
|
|
Presence in park during hours of closing |
$45.00 |
|
|
Alcohol and drugs |
$75.00 |
|
|
Gambling, fortunetelling, and the like |
$45.00 |
|
|
Use of facilities and programs without proper fee |
$45.00 |
|
|
Soliciting, peddling, without a permit or authorized contract |
$45.00 |
|
|
Dissemination and displays without permit |
$45.00 |
|
|
Failure to comply with lawful orders of park/law enforcement personnel |
$45.00 |
|
|
Use of moped, ATC and all terrain vehicles in parks |
$75.00 |
|
|
Skateboarding where prohibited |
$45.00 |
(D) Parking/Nonmoving Violations. The town council of the town of Highland, Lake County, Indiana, hereby establishes and designates 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 Highland metropolitan police department, code enforcement officer, or any other person authorized or empowered to enforce the municipal codes of the town of Highland:
|
Code Section |
Violation |
Fine |
|---|---|---|
|
Stopping, standing or parking near industrial plants gate |
$40.00 |
|
|
Stopping, standing or parking on parkway |
$65.00 |
|
|
Parking not to obstruct traffic |
$40.00 |
|
|
Vehicles parked on sidewalks |
$65.00 |
|
|
Parking in alleys |
$65.00 |
|
|
Parking in front of public buildings and theaters |
$75.00 |
|
|
Angle parking |
$40.00 |
|
|
Parking prohibited totally |
$65.00 |
|
|
Truck parking |
$50.00 |
|
|
Bus loading zones |
$50.00 |
|
|
Parking prohibited during certain hours |
$40.00 |
|
|
Fifteen-minute parking |
$40.00 |
|
|
Two-hour parking |
$40.00 |
|
|
Special regulations for street work |
$40.00 |
|
|
Special regulations for snow removal |
$75.00 |
|
|
Parking during period of leaf collection |
$75.00 |
|
|
Parking, storage or maintenance of certain vehicles in residential and commercial areas |
$100.00 |
|
|
Parking without special permit display prohibited |
$125.00 |
|
|
Snowmobile violations |
$100.00 |
|
|
Parental responsibility and wrong aged operator |
$250.00 |
|
|
Moped traffic violations |
$100.00 |
|
|
Failure to display motorized bicycle license |
$100.00 |
(E) Fire Lane and Physical Disability Parking. The town council of the town of Highland, Lake County, Indiana, hereby establishes and designates 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 Highland metropolitan police department, members of the volunteers in police service (VIPS) or any other person authorized or empowered to enforce the municipal codes of the town of Highland:
|
Code Section |
Violation |
Fine |
|---|---|---|
|
Parking in fire lanes |
$50.00 |
|
|
Parking for the physically handicapped |
$50.00 |
[Ord. 1758 § 2, 2021; Ord. 1357 § 1, 2007; Ord. 1452 §§ 1 – 3, 2010; Ord. 1471 § 2, 2010; Ord. 1472 § 3, 2010; Ord. 1473 § 2, 2010; Ord. 1474 § 2, 2010; Ord. 1563 §§ 1, 2, 2014; Ord. 1698 § 7, 2019. Code 2000 § 131.06].