HomeMy WebLinkAboutD-2119-13 Add 3-42/Establishment of Violations Bureau and Appointment of Violations ClerkSPONSOR(s): Councilor(s) Finkam and Seidensticker
ORDINANCE D- 2119 -13
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL INDIANA,
AMENDING CHAPTER 3 ARTICLE 2, BY ADDING A NEW SECTION
IDENTIFIED AS $ 3 -42
THIS ORDINANCE IS OFFERERED AS TECHNICAL CORRECTONS BILL
WHEREAS, the Common Council of the City of Carmel, pursuant to Indiana Code § 33-
36-2-1 may establish, by ordinance or code, an ordinance violations bureau. Upon the creation of a
bureau, the legislative body shall provide for the appointment of a violations clerk to be the
administrator of the bureau; and
WHEREAS, upon the appointment or designation of the violations clerk, the legislative
body shall designate, by ordinance or code, a schedule of ordinance and code provisions of the
municipal corporation that are subject to admission of violation before the violations clerk and the
amount of civil penalty to be assessed to a violator who elects to admit a violation under this
chapter; and
WHEREAS, violations processed by a violations bureau clerk are not formally adjudicated
by the court and do not require the imposition of court costs and do not result in the entry of a
judgment. This promotes the quick and efficient resolution of minor violations. Any person may
still exercise their right to a trial by denying the violation or entering a written denial with the
violations clerk; and
WHEREAS, it is apparent from the existing legislative structure that parking ordinance
violations and alarm ordinance violations were intended to be handled through a violations bureau.
Prior legislation did not address the necessary establishment of a Violations Bureau. To give full
effect to the obvious legislative intent, it is necessary, to add some omitted language to the Carmel
City Code.
NOW, THEREFORE, IT IS AGREED AND ORDAINED by the Common Council of
the City of Carmel, Indiana, as follows:
Section 1: The foregoing Recitals are incorporated herein by reference.
Section 2: Chapter 3, Article 5 is amended by the addition of a new section identified as
§ 3 -42 thereto, which shall read as follows:
Sec. 3 -42 Establishment of Violations Bureau and Appointment of Violations Clerk
(a) There is established an Ordinance Violations Bureau in accordance Indiana Code
§ 33- 36 -2 -1.
(b) The Clerk of Carmel City Court will serve as the Clerk of the Violations Bureau.
(1) The violations clerk may accept:
(a) written appearances;
(b) waivers of trial;
(c) admissions of violations; and
(d) payment of civil penalties up to a specific dollar amount set forth in an
ordinance adopted by the legislative body, but not more than two
hundred fifty dollars ($250); in certain ordinance violation cases, subject
to the schedule prescribed by the common council.
(2) If a person:
(a) denies an ordinance violation subject to § 3 -42; or
(b) fails to satisfy a civil penalty assessed by the violations clerk after
having entered an admission of the violation; or
(c) fails to deny or admit the violation under §3 -42; the violations clerk shall
report this fact to the City Attorney for the City of Carmel.
(d) The City Attorney may initiate formal proceedings against the person for
the alleged ordinance violation.
(c) The following ordinance violations are designated as subject to admission before the
Violations Clerk.
(1) All parking violation described in § 8 -46, § 8 -47, § 8 -48, § 8 -49, § 8 -50, and § 8-
51 subject to the schedule of fines contained in § 8- 45(c).
(2) All false alarm and alarm permit violations described in § 4 -77 and § 4 -72
subject to the schedule of fines contained in § 4 -79.
Section 3: All prior ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of
this ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does
not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the
effective date of this Ordinance. Those rights, liabilities, and proceedings are continued and
penalties shall be imposed and enforced under such repealed or amended ordinance as if this
Ordinance had not been adopted.
Section 4: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Section 5: If any portion of this Ordinance is for any reason declared to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance, so
long as enforcement can be given the same effect.
ADOPTED by the Common Council of the City of Carmel, Indiana this ta -1 day of
, 2013, by a vote of to ayes and 0 nays.
COMMON COUNCIL FOR THE CITY OF CARM
Presiding Of leer
1\107-- P iz.c of i
Richard L. Sharp, President Pro Ternpore Carol Schleif
R. ald E. Carter
ATTEST:
Diana L. Cordray, IAMC, C101-Treasurer
W. Eric Seidensticke/
.4■
uc S yder
Presented by me to the Mayor of the City of Carmel, Indiana this .D.Lf of
of
ah-it
2013, at 7: OS Q .M.
/
Diana L. Cordray, IAMC, Clerk - Teasurer
Approved by me, Mayor of the City of Carmel, Indiana, this ca `f day of
2013, at --7:0s- P.M.
ATTEST:
J;'nes Brainard, Mayor
6,14.?q
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Diana L. Cordray, IAMC, Clerk -T
� surer
This ordinance was prepared by Brian G. Poindexter, Carmel City Court Judge