§ 36.09. COMMUNITY RESTITUTION OR SERVICE.

(A) Pursuant to IC 34-28-5-1(h), if a judgment is entered against a defendant in an action to enforce an ordinance, the defendant may perform community restitution or service (as defined in IC 35-31.5-2-50) instead of paying a monetary judgment for the ordinance violation if:

(1) The defendant and the City Attorney agree to the defendant's performance of community restitution or service instead of the payment of a monetary judgment;

(2) The terms of the agreement a) include the amount of the judgment the City requests that the defendant pay for the ordinance violation if the defendant fails to perform the community restitution or service provided for in the agreement as approved by the City Court, and b) are recorded in a written instrument signed by the defendant and the City Attorney;

(3) The agreement is filed in the City Court; and

(4) The City Court approves the agreement.

(B) If a defendant fails to comply with an agreement approved by the City Court under this section, the City Court shall require the defendant to pay up to the amount of the judgment requested in the action as if the defendant had not entered into an agreement under this section.

(Ord. 8, 2018, passed 3-5-18)