CHAPTER 3.32:
Ordinance Violations Bureau
Section
3.32.020 Establishment, location and personnel of Southport Ordinance Violations Bureau
3.32.040 Ordinance violation notice requirements, admission/denial of responsibility
3.32.050 Schedule of City ordinance
3.32.060 Records and accounting
3.32.070 Availability of other enforcement options
3.32.010 TITLE.
This chapter shall be known and cited as the Southport Ordinance Violations Bureau Ordinance. All ordinances of a permanent and general nature of this municipality as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections shall be known and designated as the City of Southport, Indiana, Code of Ordinances, for which designation “codified ordinances” or “code” may be substituted. All references to codes, titles, chapters, and sections are such components of the code unless otherwise specified. (Ord. 3.18 § 1, passed 6-18-2012)
3.32.020 ESTABLISHMENT, LOCATION AND PERSONNEL OF SOUTHPORT ORDINANCE VIOLATIONS BUREAU.
(A) Establishment. The Southport Ordinance Violations Bureau (hereafter “Bureau”) is hereby established pursuant to Indiana Code, for the purpose of accepting admissions of responsibility for ordinance violations designated as municipal civil infractions, and to collect and retain civil fines/costs for such violations as prescribed herein.
(B) Location. The Bureau shall be located at the City Hall/Office or such other location in the City as may be designated by the City Executive.
(C) Personnel. All personnel of the Bureau shall be City employees. The City Council may by resolution designate a position of Bureau Clerk with the duties prescribed herein as otherwise may be delegated by the City Executive. (Ord. 3.18 § 2, passed 6-18-2012)
3.32.030 BUREAU AUTHORITY.
The Bureau shall only have authority to accept admissions of responsibility (without explanation) for municipal civil infractions for which a municipal ordinance violations notice (as compared to a citation) has been issued and served, and to collect and retain the schedule civil fines/costs for such violations specified pursuant to this chapter or other applicable ordinances. The Bureau shall not accept payment of fines/costs from any person who denies having committed the alleged violation or who admits responsibility only with explanation. The Bureau shall not determine or attempt to determine the truth or falsity of any fact or matter relating to an alleged ordinance violation. (Ord. 3.18 § 3, passed 6-18-2012)
3.32.040 ORDINANCE VIOLATION NOTICE REQUIREMENTS, ADMISSION/DENIAL OF RESPONSIBILITY.
(A) Ordinance violation notice requirements. Municipal civil infraction violation notices shall be issued and served by authorized City officials as provided by current ordinance. A municipal ordinance violation notice shall include, at a minimum, all of the following:
(1) The violation;
(2) The time within which the person must contact the Bureau for purposes of admitting or denying responsibility for the violation;
(3) The amount of the schedule fines/costs for the violation;
(4) The methods by which the violation may be admitted or denied;
(5) The consequences of falling to pay the required fines/costs or contact the Bureau within the required time;
(6) The address and telephone number of the Bureau;
(7) The days and hours that the Bureau is open.
(B) Denial of responsibility. Where a person fails to admit responsibility (without explanation) for a violation within the jurisdiction of the Bureau and pay the required civil fines/costs within the designated time period, the Bureau Clerk or other designated City employee(s) shall advise the complainant to issue and file a municipal civil infraction citation for such violation with the court having jurisdiction of the matter.
The citation filed with the court shall consist of a sworn complaint containing, at a minimum, the allegations stated in the municipal ordinance violation notice and shall fairly inform the alleged violator how to respond to the citation. A copy of the citation may be served by first class mail upon the alleged violator at the alleged violator’s last known address. The citation shall thereafter be processed in the manner required by law. (Ord. 3.18 § 4, passed 6-18-2012)
3.32.050 SCHEDULE OF CITY ORDINANCE.
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VIOLATION FEE |
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ORDINANCE NO. 9.04 |
ABANDONED VEHICLES |
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O-09-04-020 |
Vehicles abandoned on street or private property |
$75.00 |
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ORDINANCE NO. 9.12 |
NUISANCES |
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O-09-12-020 |
Owners responsible for trimming and removal of all vegetation obstructing the view of stop signs thereby creating traffic hazard |
$75.00 |
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Maintaining a common nuisance |
$75.00 |
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ORDINANCE NO. 9.16 |
STREETS AND SIDEWALKS |
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O-09-16-020 |
Unloading on streets or sidewalks |
$75.00 |
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O-09-16-210 |
Street and sidewalk obstruction including driving or parking on sidewalk |
$75.00 |
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O-09-16-220 |
Materials on street or sidewalk |
$75.00 |
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ORDINANCE NO. 9.20 |
LITTERING |
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O-09-20-010 |
Unlawful (littering) in and around the city |
$75.00 – 1st offense |
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$250.00 – 2nd offense |
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O-09-20-020 |
Vehicle deposit |
$75.00 |
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O-09-20-030 |
Responsibility of owner |
$75.00 |
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ORDINANCE NO. 10.08 |
PREFERENTIAL STREETS |
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O-10-08-010 |
Parking wrong direction |
$75.00 |
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ORDINANCE NO. 10.12 |
PARKING |
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O-10-12-010 |
Illegal parking in designated areas |
$75.00 |
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O-10-12-020 |
Illegal parking on designated streets |
$75.00 |
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O-10-12-030 |
Failure to stop or park vehicle by required method |
$75.00 |
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O-10-12-040 |
Violation restricted parking designated street |
$75.00 |
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O-10-12-050 |
Limited parking |
$75.00 |
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ORDINANCE NO. 10.16 |
LOAD LIMITS |
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O-10-16-010 |
Prohibited street 3/4 ton to 10 ton (3/4 ton load hauling sand, gravel, or crushed stone on prohibited streets) |
$75.00 |
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O-10-16-020 |
Commercial vehicle over 10 ton on prohibited street |
$75.00 |
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O-10-16-030 |
Hauling concrete, sand, or crushed stone on prohibited streets |
$75.00 |
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O-10-16-040 |
Operating vehicle 20 ton or without OS/OW permit as required |
$75.00 |
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ORDINANCE NO. 10.20 |
SPEED LIMITS AND REGULATIONS |
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O-10-20-030 |
Speeding in a school zone |
$150.00 plus court costs |
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O-10-20-040 |
Exceeding posted speed limits |
(0 – 25) |
$75.00 plus court costs |
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(25 and over) |
$100.00 plus court costs |
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ORDINANCE NO. 10.24 |
MISCELLANEOUS VIOLATIONS |
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O-10-24-010 |
Operating a vehicle or conveyance without lights (between dusk and dawn) |
$75.00 |
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Unsafe operation of a conveyance on a street or highway |
$75.00 |
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Unsafe start from a stopped position |
$75.00 |
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ORDINANCE NO. 12.04 |
GENERAL OFFENSES |
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Language on property or business |
$75.00 |
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Failure to remove graffiti or offensive language from residence/business or buildings |
$75.00 |
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(After 3 days, fine will double every 3 days after) |
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Failure of legal property owners to remove any and all unsightly furniture/appliances or trash on their property within 15 days |
$75.00 |
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ORDINANCE NO. 12.08 |
WEAPONS |
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Discharging a firearm |
$75.00 – 1st offense |
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Not more than $2,500 for 2nd or subsequent offenses |
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ORDINANCE NO. 14.04 |
UNLAWFUL NOISES |
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O-14-04-010 |
Unlawful noises between 10:00 p.m. and 6:00 a.m. |
$75.00 |
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1st violation within three-year period |
$75.00 |
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2nd violation within three-year period |
$150.00 |
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3rd violation within three years |
$250.00 |
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4th violation within three years |
$400.00 |
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Payment may be made to the following address:
Southport City Hall
Clerk-Treasurer’s Office
6901 Derbyshire Road
Southport, IN 46227
THE ORDINANCE VIOLATION MUST BE PAID WITHIN 60 DAYS OF BEING ISSUED
(Ord. 3.18 § 5, passed 6-18-2012; Am. Ord. 13.8.6, passed 8-19-2013; Am. Ord. 14.05.02 §§ 1, 2, passed 5-19-2014)
3.32.060 RECORDS AND ACCOUNTING.
The Bureau Clerk or other designated City official/employees shall retain a copy of all municipal ordinance violation notices, and shall account to the City Council once a month or at such other intervals as the City Council may require concerning the number of admissions and denials of responsibility for ordinance violations within the jurisdiction of the Bureau and the amount of fines/costs collected with respect to such violations.
The civil fines/costs collected shall be delivered to the City Clerk-Treasurer at such intervals as the Clerk-Treasurer shall require, and shall be deposited in the general fund of the City. (Ord. 3.18 § 7, passed 6-18-2012)
3.32.070 AVAILABILITY OF OTHER ENFORCEMENT OPTIONS.
Nothing in this chapter shall be deemed to require the City to initiate its municipal civil infraction ordinance enforcement activity through the issuance of an ordinance violation notice. As to each ordinance violation designated as a municipal civil infraction the City may, at its sole discretion, proceed directly with the issuance of a municipal civil infraction citation or take such other enforcement as is authorized by law. (Ord. 3.18 § 8, passed 6-18-2012)