COURT ORDERS

IN RE THE ESTABLISHMENT OF THE HIGHLAND TRAFFIC VIOLATIONS BUREAU

Filed in Open Court

August 26, 1997

State of Indiana

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County of Lake

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In the LAKE SUPERIOR COURT COUNTY DIVISION SITTING at CROWN POINT, INDIANA

IN RE the ESTABLISHMENT of the

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HIGHLAND TRAFFIC VIOLATIONS

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Miscellaneous Docket

BUREAU, Pursuant to I.C. 34-4-32-5

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ORDER

Comes now the Court, on its own motion, and enters the following Order:

Section 1. Pursuant to its authority under I.C. 34-4-32-5, The Court hereby establishes the Traffic Violations Bureau of the Town of Highland, Lake County, Indiana.

Section 2. Pursuant to its authority under I.C. 34-4-32-5, the Court hereby appoints the duly elected, qualified and acting Clerk-Treasurer and the Clerk-Treasurer's duly authorized deputy or the Clerk-Treasurer's duly authorized designee as the bureau's violations clerk and deputy clerk, so serving subject to the direction and control of the Court.

Section 3. Pursuant to its authority under I.C. 34-4-32-5, the Court hereby directs that the Traffic Violations Bureau Clerk or Deputy Violations Clerk shall:

1. accept written appearances;

2. accept waivers of trial;

3. accept admissions of violation;

4. accept declarations of nolo contendere for moving traffic violations;

5. accept payments of judgments (including costs) in traffic violation cases; and

6. accept deferral agreements made under authority of I.C. 34-4-32-1 and deferral program fees prescribed under I.C. 33-19-5-2(e);

7. issue receipts and account for any judgments (including costs) collected; and

8. pay the judgments (including costs) collected to the appropriate unit of government as provided by law.

Section 4. Pursuant to its authority under I.C. 34-4-32-5, the Court hereby designates that any and all moving traffic violations that are provided in a duly and lawfully enacted ordinance of the municipality that applies when a motor vehicle is in motion to be within the authority of the Traffic Violations Bureau and its violations clerk;

Section 5. Pursuant to its authority under I.C. 34-4-32-5, the Court hereby establishes the following schedule of the judgments to be imposed for first violations of any and all moving traffic violations that are provided in a duly and lawfully enacted ordinance of the municipality that applies when a motor vehicle is in motion:

1. A judgment in the amount of the fine or penalty defined and set forth in the most recently effective, lawfully enacted ordinance of the municipality is imposed for violations constituting a violation of an ordinance that applies when a motor vehicle is in motion; provided,

2. That in addition to the provisions of such other laws regarding the posting of ordinances, the fine or penalty constituting a judgment be posted in a prominent place where the fines or penalties are paid;

Section 6. Pursuant to its authority under I.C. 34-4-32-5, the Court hereby further establishes:

1. That a defendant against whom a judgment is entered or who has entered an admission of a violation or a pleading of nolo contendere [sic] before a violations clerk of the municipality for a moving traffic violation in addition to any fine authorized pursuant to the Highland Municipal Code shall also pay court costs assessed according to and in the amount prescribed as follows:

(i) Court Fees for Ordinance or Infraction Violations in I.C. 33-19-5-2;

(ii) Law Enforcement Continuing Education fee set forth in I.C. 33-19-6-7(c);

(iii) Highway Work Zone Fee set forth in I.C. 9-30-3-5;

(iv) Deferral program fee set forth in I.C. 33-19-5-2(e) and I.C. 34-4-32-1;

(v) Jury Fee set forth in I.C. 33-19-6-17;

2. That the violations clerk shall deposit such collections in the proper agency fund of the Town. Within the time prescribed by law, the violations clerk shall then forward the court costs, fines, and fees to the Clerk of the Lake Circuit Court for distribution pursuant to Indiana law.

This Order is hereby entered this 25th day of August , 1997, and shall be in full force and effect from and after its entry and until such time as the Court shall issue a subsequent order repealing such order.

 

ENTER:

 

/s/

 

 

 

 

Judge, SHEILA MOSS, Senior Judge

 

 

 

 

Lake SUPERIOR COURT,

 

 

 

 

County DIVISION