CHAPTER 3. SCHEDULE OF ORDINANCE AND CODE PROVISIONS; VIOLATIONS

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 violationsclerk as provided by IC 33-36-2-1, the legislative body shalldesignate, by ordinance or code, a schedule of ordinance and codeprovisions of the municipal corporation that are subject to admissionof violation before the violations clerk and the amount of civilpenalty to be assessed to a violator who elects to admit a violationunder this chapter.
    (b) Civil penalties shall be paid to, receipted by, and accountedfor by the clerk under procedures provided for by the state board ofaccounts. Payment of civil penalties under this chapter may be madein person, by mail, or to an agent or agents designated by thelegislative 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 isentitled to a trial before a court as provided by law, unless the personwaives the right to trial and enters an admission of the violation withthe violations clerk. Upon an admission, the clerk shall assess andreceive from the violator the amount prescribed by the schedule ofcivil 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 theright to trial, the person shall appear before the violations clerk anddeny 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Repealed
    (Repealed by P.L.88-2006, SEC.9.)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 clerkafter 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 initiatedfor 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 doesnot constitute a judgment for the purposes of IC 33-37. An ordinanceviolation costs fee may not be collected from the defendant underIC 33-37-4.
    (b) An ordinance violation processed under this chapter may notbe considered for the purposes of IC 33-37-7-6 when determining thepercentage 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 theviolations clerk as civil penalties for ordinance violations shall beaccounted for and paid to the municipal corporation as provided bylaw.
    (b) If a city or town that has not established a court underIC 33-35-1 or an ordinance violations bureau under IC 33-36-2 hasentered into an interlocal agreement described in IC 33-36-2-4 witha municipal corporation, the sums collected by the violations clerkthat involve the city or town that has not established a court or anordinance violations bureau shall be accounted for and paid asprovided in the interlocal agreement.
As added by P.L.98-2004, SEC.15. Amended by P.L.55-2010, SEC.5.