ORDINANCE 2014 -4  

AN ORDINANCE ESTABLISHING AN ORDINANCE VIOLATIONS BUREAU AND ADOPTING A SCHEDULE OF ORDINANCE AND CODE VIOLATIONS FOR THE TOWN OF LEO-CEDARVILLE

Section 1.       Pursuant to Indiana Code Chapter 33-36-2, the Town Council for the Town of Leo-Cedarville, Indiana hereby establishes an Ordinance Violations Bureau for the Town of Leo-Cedarville, and the Town Manager shall serve as the Violations Clerk of such Bureau.

Section 2.       The Violations Clerk shall accept written appearances, waivers of trial, admissions of violations, and payment of civil penalties of not more than two hundred fifty dollars ($250.00) in ordinance violation cases.

Section 3.       If a person denies an ordinance or code violation under this ordinance or fails to pay the Violations Clerk after waiving entered an admission of the violation or fails to admit or deny the violation, the Violations Clerk shall report this fact to the Town Attorney who shall have the responsibility for prosecuting violation cases for the Town.

Section 4.       Pursuant to Indiana Code Chapter 33-36-3, the Town Council hereby adopts a the following schedule of ordinance and code provisions subject to this ordinance and the sets the civil penalty amounts applicable for each such violation. The penalties set forth herein amend all specific or general penalty sections of the Leo-Cedarville Municipal Code only as they relate to the specific offenses set out in section 6 herein. Otherwise, this Ordinance does not amend any penalty section of the Leo-Cedarville Municipal Code.

Section 5.       This ordinance shall further amend all specific or general sections of the Leo-Cedarville Municipal Code that relate to the procedure for enforcing any ordinance or code section covered by this ordinance to the extent that said sections conflict with this ordinance or mandate a different enforcement procedure. Otherwise this Ordinance does not amend any enforcement sections of the Leo-Cedarville Municipal Code.

Section 6.       The following ordinances of the Town Code of Leo-Cedarville shall be subject to admission of violation before the Violations Clerk.

ORDINANCE VIOLATIONS AND PENALTIES
ORDINANCE OR
CODE SECTION
DESCRIPTION OF
VIOLATION
CIVIL PENALTY
PER VIOLATION
First Second Third+
70.01 Parking in yard, over curb or over sidewalk $15.00 $35.00 $50.00
91.02
2010-04
Parking in Alley or obstructing driveway $25.00 $50.00 $100
2006-09
2006-10
&2008-07
Parking in a No Parking Zone or School Zone $50.00 $75.00 $100
91-01 Abandoned Vehicles Cost of removal & storage plus:
$50 $75.00 $100
2010-01 Golf Cart, operating without proper markings, lights, excessive passengers, or unsafe riding/operation $25.00 $50.00 $100
92.03 Noise Disturbances $50.00 $75.00 $100
90.06 Barking/disturbance $15.00 $35.00 $50.00
90.04 Unleashed Animal $25.00 $50.00 $100
96.13 Unleashed in Park $25.00 $50.00 $100
90.03 Failure to remove pet excrement $15.00 $35.00 $50.00
90.07 Beating or inhumane Treatment of Animal $100 $150 $250
94.01 Littering $15.00 $35.00 $50.00
95.01 Failure to remove snow or obstruction on sidewalk $15.00 $35.00 $50.00
93.03 Abuse or Mutilation of Public Tree Cost of repair or replacement as needed and
$50.00 $75.00 $100
96.05 Possession of Intoxicants in Park $25.00 $50.00 $100
96.08 Unauthorized meeting or Disturbances in Park $50.00 $75.00 $100
96.09 Open Fires in Park $25.00 $50.00 $100
2003-01 Open Fires Generally $25.00 $50.00 $100
92-02 Offensive Personal Behavior $50.00 $75.00 $100
(92.17) Removal or weeds or rank vegetation Cost of removal plus:
$25.00 $50.00 $100
91.17S Other Environmental Nuisances Enforced per ordinance with following fines:
$100 $150 $250
2010-04 Speeding in Alley Enforced via citation through New Haven Traffic Court and Fined per Court Fine Schedule
Chap. 72
2004-07
Speeding on Local Roads Enforced via citation through New Haven Traffic Court and Fined per Court Fine Schedule
Chapter 72 Failure to obey traffic Control device Enforced via citation through New Haven Traffic Court and Fined per Court Fine Schedule

Section 7.       Every day, or part of a day, that a violation is committed or continues in existence is a separate violation for which civil penalties may be imposed.

Section 8.       Notwithstanding any other provision herein, any person adjudged guilty of violating any provision of the Leo-Cedarville Municipal Code or un-codified Ordinance(s) may also be adjudged to pay the cost of the prosecution including attorney fees, and any actual damages sustained by the Town by virtue of such violation.

Section 9.       All parts of previous ordinances in conflict herewith are repealed to the extent of said conflict.

Section 10.       This ordinance shall be in full force and effect on the date that it is both signed by the Town Council President and published as required by State law.

Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on this   14th   day of   October  , 2014.

  John Clendenen        
John Clendenen
President

  Tim Richards            
Tim Richards
Council Member

  Kevin Veatch             
Kevin Veatch
Council Member

  Paul Steffens            
Paul Steffens
Council Member

  Ted Garton               
Ted Garton
Council Member

Attestation of Clerk-Treasurer

I,   John Eastes  , the Clerk-Treasurer for the Town of Leo-Cedarville, Indiana, hereby attest that the ordinance set forth above was adopted by the legislative body of the Town of Leo-Cedarville on  October 14, 2014   and signed by the Executive for the Town of Leo-Cedarville, and properly executed in my presence on   October 14, 2014  .

John Eastes      
John Eastes
Clerk-Treasurer