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 St. John
 Code of Ordinances
 Town Code
 Chapter 13. Motor Vehicles And Traffic
 Article I. In General

  § 13-13. Town deferral program  

Latest version.

  • (a) Program established. The town hereby establishes a town deferral program pursuant to IC § 34-28-5-1, as amended from time to time, to be known as the "town deferral program".

    (b) Eligibility. An individual who has being issued a citation for a moving traffic citation in the town shall be eligible to participate in the Town deferral program if the individual:

    (1) Has not been charged with a moving traffic violation that is associated with property damage, personal injury, or other related criminal charges;

    (2) Has not been charged with any other moving violation in any state within the last year; and

    (3) Has not been charged with an offense of speeding in excess of thirty (30) miles per hour over the posted speed limit.

    (c) Application. An individual who is eligible and seeks to participate in the town deferral program (hereinafter "applicant") shall complete the town deferral program application agreement located in the town police department. The town police department shall verify that the applicant is eligible for the town deferral program.

    (d) Fees. At the time of the application submission, the applicant shall pay the following:

    (1) Current court costs, pursuant to the provisions Indiana Code, as amended from time to time;

    (2) An initial user fee of fifty-two dollars ($52.00); and

    (3) Monthly user fees of ten dollars ($10.00) per month for each of the six (6) months the applicant is in the town deferral program.

    The total amount of the Court costs and fees identified above shall be made payable to the "Clerk, Lake Superior Court", in the form of a certified check, money order, or cashier's check. The fees paid by the applicant are nonrefundable and shall not be applied to the fine in the event that the applicant fails to properly and successfully follow and complete the requirements of the town deferral program. The court costs shall be distributed as required for traffic violations. The initial user fee and monthly user fees shall be deposited in the police department Special Revenue Fund #275 upon proper processing.

    (e) Procedure. The town police department shall file the applicant's citation with the county court. After assignment of a cause number and at the next regularly scheduled town court date, the town attorney shall file the executed deferral program application agreement in the county court together with the court costs and fees. The town police department shall review the applicant's driving record six (6) months after the filing of said agreement (hereinafter "review period"). In the event that no new moving traffic violations have been issued to by the applicant, the town attorney shall dismiss the original moving traffic violation citation. In the event that the applicant has been issued a moving traffic violation citation within the review period, or otherwise does not comply with terms of the town deferral program, the town attorney shall institute further proceedings against the applicant based upon the original citation.

    (f) Implementation. The town attorney, town police department, and town clerk-treasurer are hereby authorized to develop the appropriate forms and related materials necessary to facilitate the town deferral program.

(Ord. No. 1442, §§ 1—6, 2-22-07)

refeditor

Ord. No. 1442, §§ 1—6, adopted Feb. 22, 2007, did not specifically amend the Code. Hence, its inclusion herein as § 13-13 was at the discretion of the editor.