Citations Affected: IC 33-30.5.
Synopsis: Ordinance violation courts. Permits a city, town, or county
(unit) to establish an ordinance violation court to adjudicate ordinance
or code violations committed within the unit. Establishes the powers
and duties of the court, and provides that the only court fee that may be
collected by the ordinance violation court is an ordinance violation fee,
which may not exceed $100. Specifies that the fee must be deposited
in the general fund of the unit.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Courts and Criminal Code.
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
of the unit.
Sec. 5. (a) A judge of an ordinance violation court may adopt
rules for conducting the business of the court that do not conflict
with policies adopted by the legislative body of the unit.
(b) The judge of the ordinance violation court may do the
following:
(1) Perform marriages.
(2) Issue warrants.
(3) Issue and direct a process necessary in exercising the
court's jurisdiction.
(4) Make proper judgments, decrees, and orders.
(5) Issue process.
(6) Perform acts necessary and proper to carry out this
article.
(c) The judge of the ordinance violation court has the same
power as the judge of a circuit court concerning the following:
(1) The attendance of witnesses.
(2) The punishment of contempt and the enforcement of the
judge's orders.
(3) The administration of oaths.
(4) The issuance of necessary certificates for the
authentication of the records and proceedings of the court.
Chapter 6. Court Powers and Procedure
Sec. 1. (a) An ordinance violation court is not a court of record.
(b) All appeals from judgments of the ordinance violation court
must be taken to the circuit or superior court of the county and
tried de novo.
(b) An appeal from a judgment of an ordinance violation court
may be taken to the superior or circuit court of the county not later
than thirty (30) days after the date of judgment.
(c) The rules of procedure for an appeal from a judgment of an
ordinance violation court must be in accordance with the rules
established by the circuit or superior court.
(d) The appellant shall pay all costs necessary for the filing of
the case in the circuit or superior court, as if the appeal were a case
that had been filed initially in that court.
Sec. 2. (a) The name of the ordinance violation court is "The
Ordinance Violation Court of ____________," according to the
name of the unit.
(b) The judge shall procure a seal that will stamp upon paper a
distinct impression of words and letters. The seal must contain the
words "The Ordinance Violation Court of ____________,"
according to the name of the unit.
Sec. 3. An ordinance violation court shall hold sessions as the
business of the court demands at a place to be provided and
designated by the legislative body of the unit.
Sec. 4. A judge of an ordinance violation court shall provide, at
the expense of the unit, all books, dockets, papers, and printed
blanks necessary for the discharge of the duties of the court.
Sec. 5. (a) A defendant in a proceeding filed in an ordinance
violation court waives the right to trial by jury unless the
defendant, not later than ten (10) days following service of the
complaint in an ordinance violation case, demands a trial by jury
by filing an affidavit that:
(1) states that there are questions of fact requiring a trial by
jury;
(2) specifies those questions of fact; and
(3) states that the demand is in good faith.
(b) Notice of the defendant's right to a jury trial, and the ten
(10) day period in which to file for a jury trial, must be clearly
stated on the complaint or on an additional sheet to be served with
the notice of complaint on the defendant.
(c) Upon the deposit of seventy dollars ($70) in the ordinance
violation court docket by the defendant, the court shall transfer the
claim to the plenary docket. Upon transfer, the claim loses its
status as an ordinance violation case.
Sec. 6. The ordinance violation court shall take judicial notice
of municipal, city, and town ordinances.
Sec. 7. A change of venue may not be taken from an ordinance
violation court. However, a defendant may take a change of venue
from the judge of the court, with a special judge appointed as
provided for the circuit court.
Chapter 7. Court Officers
Sec. 1. (a) The officers of an ordinance violation court are a:
(1) judge;
(2) clerk; and
(3) bailiff.
(b) The judge may act as clerk and perform all duties of the
clerk of the court or appoint a clerk of the court. If approved by
the legislative body of a town or city, the judge may appoint the
city or town clerk or clerk-treasurer as clerk of the ordinance
violation court.
(c) The clerk and bailiff may not receive any fees or
compensation other than their salaries.