Chapter 10.35
ENFORCEMENT AND PENALTIES
Sections:
10.35.020 Infraction established.
10.35.030 Police officer orders.
10.35.040 Disregard of firefighter.
10.35.060 Payment of penalties, court costs, and continued enforcement.
10.35.010 [Chief’s] duties.
In addition to his other activities, it shall be the duty of the [chief of police] to enforce the street traffic regulations of this town and all state vehicle laws applicable to street traffic in this town; to make arrests for traffic violations; to investigate all traffic accidents and make reports on a standard accident report form; to maintain a standard report system of filing accident records and records of all arrests and warnings; to cooperate with other officers of the town for improvement of traffic conditions; and to file an annual report with the board concerning the number of traffic accidents, the number of moving violation arrests, and other data on the traffic activities of his office. [Ord. 2008-11 § 5; Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 1, § 1]
10.35.020 Infraction established.
It is hereby declared that any violation of this title shall be an infraction enforceable by the penalties set forth herein for any person to do any act forbidden by this title. [Ord. 2009-16 § 1; Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 1, § 2]
10.35.030 Police officer orders.
No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer. [Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 1, § 3]
10.35.040 Disregard of firefighter.
All persons shall comply with any lawful order or direction of a firefighter. [Ord. 2012-18 § 1(a). Prior code Title 7, Ch. 2, Art. 1, § 101]
10.35.050 General penalties.
Unless another penalty is expressly provided by law or the Town Code, as it may be amended from time to time, every person who violates any provision of this title shall pay a penalty to the town of Whitestown, Indiana, as provided in the following schedule:
|
Code Reference |
Violation |
Penalty |
Court Fees* |
Total Cost** |
|---|---|---|---|---|
|
PARKING |
||||
|
Improper Parking Method |
$33.50 |
$116.50 |
$150.00 |
|
|
10.20.050(A) |
Prohibited Parking in Specific Locations |
$33.50 |
$116.50 |
$150.00 |
|
Unauthorized Movement of Parked Car |
$33.50 |
$116.50 |
$150.00 |
|
|
10.20.050(B) |
Parking Within 12' of Fire Hydrant |
$58.50 |
$116.50 |
$175.00 |
|
10.20.050(C) |
Parking on Sidewalk, Grass Plot, Crosswalk, or Right-of-Way |
$33.50 |
$116.50 |
$150.00 |
|
10.20.050(D) |
Parking in Emergency Lane |
$58.50 |
$116.50 |
$175.00 |
|
10.20.050(E) |
Parking in Fire Lane |
$58.50 |
$116.50 |
$175.00 |
|
Standing in Loading Zone |
$33.50 |
$116.50 |
$150.00 |
|
|
Prohibited Parking in Posted Locations |
$33.50 |
$116.50 |
$150.00 |
|
|
Parking Time Period Violation |
$33.50 |
$116.50 |
$150.00 |
|
|
Parking on Street During Posted Cleaning |
$33.50 |
$116.50 |
$150.00 |
|
|
Parking on Closed Street |
$33.50 |
$116.50 |
$150.00 |
|
|
Parking on Street During Snow Emergency |
$58.50 |
$116.50 |
$175.00 |
|
|
Commercial Truck Parking |
$43.50 |
$116.50 |
$160.00 |
|
|
TRAFFIC*** |
||||
|
Disregard of Traffic-Control Device |
$83.50 |
$116.50 |
$200.00 |
|
|
Speeding – 0 to 10 mph over Posted Limit |
$48.50 |
$116.50 |
$165.00 |
|
|
Speeding – 11 to 20 mph over Posted Limit |
$98.50 |
$116.50 |
$215.00 |
|
|
Speeding – 21 to 30 mph over Posted Limit |
$198.50 |
$116.50 |
$315.00 |
|
|
Speeding – 30 mph or more over Posted Limit |
$248.50 |
$116.50 |
$365.00 |
|
|
Violation of Speed Limit in Congested Area |
$48.50 |
$116.50 |
$165.00 |
|
|
Speeding in School Zone |
$103.50 |
$116.50 |
$220.00 |
|
|
Turn-Restricted Intersections |
$183.50 |
$116.50 |
$300.00 |
|
|
10.15.040(A)(1) |
Improper Left Turn – Leaving Intersection Incorrectly |
$28.50 |
$116.50 |
$145.00 |
|
10.15.040(A)(2) |
Improper Left Turn – Initiating Turn Incorrectly |
$28.50 |
$116.50 |
$145.00 |
|
10.15.040(B) |
Improper Right Turn |
$28.50 |
$116.50 |
$145.00 |
|
10.15.040(C) |
Improper U-Turn |
$28.50 |
$116.50 |
$145.00 |
|
One-Way Streets |
$58.50 |
$116.50 |
$175.00 |
|
|
Stop Intersections |
$83.50 |
$116.50 |
$200.00 |
|
|
Running over Fire Hose |
$58.50 |
$116.50 |
$175.00 |
|
|
Disregard of Funeral Procession |
$83.50 |
$116.50 |
$200.00 |
|
|
Illegally Backing Vehicle into Traffic |
$83.50 |
$116.50 |
$200.00 |
|
|
Towing of Nonmotor Vehicle |
$83.50 |
$116.50 |
$200.00 |
|
|
Muffler Violation |
$48.50 |
$116.50 |
$165.00 |
|
|
10.25.080(A) |
Driving Across Curb, Sidewalk, Grass Plot |
$28.50 |
$116.50 |
$145.00 |
|
10.25.080(B) |
Damage to Curb, Sidewalk, or Grass Plot |
$208.50 |
$116.50 |
$365.00 |
|
Pedestrian Disregard of Traffic Signal |
$33.50 |
$116.50 |
$150.00 |
|
|
Failure to Yield to Pedestrian in Crosswalk |
$183.50 |
$116.50 |
$300.00 |
|
|
Failure to Give Proper Care and/or Warning to Pedestrian |
$33.50 |
$116.50 |
$150.00 |
|
|
Failure to Stop Before Emerging from Alley or Driveway |
$33.50 |
$116.50 |
$150.00 |
|
|
Pedestrian Mounting Moving Vehicle |
$18.50 |
$116.50 |
$135.00 |
|
|
Bicycle Rider Disregarding Traffic Law/Signal |
$28.50 |
$116.50 |
$145.00 |
|
|
Unsafe Number of Riders on Bicycle |
$18.50 |
$116.50 |
$135.00 |
|
|
More than 2 Bicycles Riding Abreast in Single Lane |
$33.50 |
$116.50 |
$150.00 |
|
|
Unsafe Use of Siren or Whistle on Bicycle |
$8.50 |
$116.50 |
$125.00 |
|
|
Operating Bicycle without Brakes |
$8.50 |
$116.50 |
$125.00 |
|
|
Road Weight Limit |
$208.50 |
$116.50 |
$325.00 |
|
|
Commercial Trucks in Town |
$248.50 |
$116.50 |
$365.00 |
|
|
Truck Routes |
$208.50 |
$116.50 |
$325.00 |
|
|
NONTRAFFIC |
||||
|
Disregard of Police Officer Order or Direction |
$29.00 |
$116.00 |
$145.00 |
|
|
Disregard of Firefighter Order or Direction |
$29.00 |
$116.00 |
$145.00 |
|
|
Damage or Removal of Traffic-Control Device |
$204.00 |
$116.00 |
$320.00 |
|
|
Parent Allowing Violation of Bicycle Ordinance(s) |
$19.00 |
$116.00 |
$135.00 |
|
* Pursuant to WMC 10.35.060.
** Total Cost = Penalty + Court Fees.
*** Violating a posted worksite zone speed limit or failure to merge as posted subject to additional $25.50 fee (IC 33-37-5-14).
[Ord. 2012-18 § 2; Ord. 2009-16; Ord. 2004-27; Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 16, § 1]
10.35.060 Payment of penalties, court costs, and continued enforcement.
A. Any person charged with a violation of this title may within seven days of receiving the citation or notice of violation submit payment of penalties assessed pursuant to WMC 10.35.050 to the town court in person or by mail to: Whitestown Town Court, 6320 S. Cozy Lane, Whitestown, Indiana 46075. Payments by mail should include a copy of the citation or notice of violation.
B. In addition to the penalty prescribed in WMC 10.35.050 and pursuant to IC 33-37-4-2, a person charged with a violation not related to the operation of a motor vehicle may also be responsible for payment of the following town court fees if the person denies the violation and a judgment is entered against the person:
|
Infraction/ordinance cost fee |
$70.00 |
|
Document storage fee |
$2.00 |
|
Automated record keeping fee |
$5.00 |
|
Public defense administration fee |
$5.00 |
|
Judicial insurance adjustment fee |
$1.00 |
|
Court administration fee |
$5.00 |
|
Judicial salaries fee |
$20.00 |
|
Jury fee |
$2.00 |
|
Law enforcement continuing education fee |
$4.00 |
|
DNA sample processing fee |
$2.00 |
|
Total |
$116.00 |
C. In addition to the penalty prescribed in WMC 10.35.050 and pursuant to IC 33-37-4-2, a person charged with a violation related to the operation of a motor vehicle may also be responsible for payment of the following town court fees if the person denies the violation and a judgment is entered against the person:
|
Infraction/ordinance cost fee |
$70.00 |
|
Document storage fee |
$2.00 |
|
Automated record keeping fee |
$5.00 |
|
Public defense administration fee |
$5.00 |
|
Judicial insurance adjustment fee |
$1.00 |
|
Court administration fee |
$5.00 |
|
Judicial salaries fee |
$20.00 |
|
Jury fee |
$2.00 |
|
Law enforcement continuing education fee |
$4.00 |
|
DNA sample processing fee |
$2.00 |
|
Highway worksite zone fee |
$0.50 |
|
Total |
$116.50 |
D. The payment of the penalty for any Town Code violation as referenced in WMC 10.35.050 shall not relieve the person charged with the violation from any liability arising out of the act, omission, or condition that was the subject of the violation.
E. All traffic fines and forfeitures collected by the town court shall be deposited in a special fund to be known as the Whitestown motor vehicle highway fund. [Ord. 2012-18 § 2; Ord. 2009-16 § 1; Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 16, §§ 2, 5]
10.35.070 Failure to appear.
If any person so charged with a violation of this code elects not to appear and pay said penalty within such designated time, the town of Whitestown, by its proper officers, shall institute proceedings as provided by law, before the town court, for the collection of such penalty and enforcement of this code. [Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 16, § 3]
10.35.080 Emergency.
If, in the opinion of the [chief of police] or his deputies or other duly constituted officer, any person charged with violating this code is about to leave the jurisdiction, such officer may institute action forthwith before the town judge for the collection of such fine and penalty. [Ord. 2008-11 § 5; Ord. 1985-04 § 9. Prior code Title 7, Ch. 2, Art. 16, § 4]