Chapter 9.85
ORDINANCE VIOLATIONS BUREAU Revised 12/21

Sections:

9.85.010    Established.

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. Revised 12/21

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. Revised 12/21

(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

5.40.020

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

6.05.090

Animal vaccination violation

All offenses: $75.00

6.05.100

Animal waste violation

All offenses: $75.00

6.10.010

Animal license violation

All offenses: $75.00

8.05.030

Bus bench violations

All offenses: $25.00

8.15.090

Road cut violations

All offenses: $100.00

9.45.010

Minor curfew

1st offense: $100.00 (if curfew is only charge)

2nd offense: $200.00

3rd offense: mandatory court appearance

9.50.010

Skateboarding violation

All offenses: $50.00

9.55.030

Various nuisance violations

All offenses: $75.00

9.55.100

Weed violations (per day)

All offenses: $85.00

9.60.030

Abandoned and junked motor vehicles

All offenses: $125.00

9.70.060

Various noise ordinance violations

1st offense: $50.00

2nd and all subsequent offenses: $100.00

9.80.040

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

12.15.030

Unlawful origin of solid waste

1st offense: $125.00

2nd and all subsequent offenses: $250.00

12.15.040

Littering

All offenses: $75.00

12.15.050

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

12.15.140

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

11.10.060

Defacing/destroying park property

$45.00

11.10.070

Bringing in trees, shrubs without authorization

$45.00

11.10.080(A) and (B)

Littering or dumping trash/noxious materials

$45.00

11.10.080

Littering or dumping trash

$45.00

11.10.090

Unauthorized introduction of game/unauthorized fishing, hunting/animal waste and pets on leash

$45.00

11.10.100

Fires, ashes and the like

$45.00

11.10.110

Firearms, weapons, explosives and throwing stones

$45.00

11.10.120

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

11.10.140

Snowmobiles, sledding, skiing and skating

$45.00

11.10.150

Golfing in parks

$45.00

11.10.160

Bows and arrows prohibited

$45.00

11.10.170

Baseball play confined to designated areas and baseball diamonds

$45.00

11.10.180

Aircraft landing or alighting without a written permit

$45.00

11.10.190

Swimming, bathing or wading

$45.00

11.10.200

Disturbing the peace

$45.00

11.10.210

Presence in park during hours of closing

$45.00

11.10.220

Alcohol and drugs

$75.00

11.10.230

Gambling, fortunetelling, and the like

$45.00

11.10.250

Use of facilities and programs without proper fee

$45.00

11.10.260

Soliciting, peddling, without a permit or authorized contract

$45.00

11.10.270

Dissemination and displays without permit

$45.00

11.10.290

Failure to comply with lawful orders of park/law enforcement personnel

$45.00

11.10.310

Use of moped, ATC and all terrain vehicles in parks

$75.00

11.10.320

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

10.20.040

Stopping, standing or parking near industrial plants gate

$40.00

10.20.050

Stopping, standing or parking on parkway

$65.00

10.20.060

Parking not to obstruct traffic

$40.00

10.20.070

Vehicles parked on sidewalks

$65.00

10.20.080

Parking in alleys

$65.00

10.20.090

Parking in front of public buildings and theaters

$75.00

10.20.110

Angle parking

$40.00

10.20.140

Parking prohibited totally

$65.00

10.20.150

Truck parking

$50.00

10.20.160

Bus loading zones

$50.00

10.20.180

Parking prohibited during certain hours

$40.00

10.20.190

Fifteen-minute parking

$40.00

10.20.200

Two-hour parking

$40.00

10.20.210

Special regulations for street work

$40.00

10.20.220

Special regulations for snow removal

$75.00

10.20.230

Parking during period of leaf collection

$75.00

10.20.270

Parking, storage or maintenance of certain vehicles in residential and commercial areas

$100.00

10.20.280

Parking without special permit display prohibited

$125.00

10.25.020

Snowmobile violations

$100.00

10.25.030

Parental responsibility and wrong aged operator

$250.00

10.25.040

Moped traffic violations

$100.00

10.25.110

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

10.20.100

Parking in fire lanes

$50.00

10.20.120

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].