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(a) Program Reestablished. The Town hereby reestablishes a Town deferral program pursuant to IC 34-28-5-1, as amended from time to time, to be known as the "St. John ordinance deferral program."

(b) Eligibility. An individual who has been issued a citation for a moving traffic violation 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;

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

(4) Does not hold a commercial driver's license (CDL) or a commercial learner's permit (CLP) in any state.

(c) Application. The Town Police Department or the Town attorney shall verify that the applicant is eligible for the Town deferral program. An individual who is eligible and seeks to participate in the Town deferral program (hereinafter "applicant") shall complete and sign the Town deferral program agreement attesting that he or she meets the conditions of the deferral program and file the deferral agreement with the Lake County Clerk of the Court having jurisdiction over the Town's ordinance violations.

(d) Fees. At the time of the application submission, the applicant shall pay to the Lake County Clerk of the Court the deferral program user fee in the amount of one hundred twenty-two dollars ($122.00), or as adjusted from time to time, plus court costs in the amount required by state law. These fees and court costs are nonrefundable and cannot be applied to the cost of the original citation should the applicant fail to meet the requirements of the deferral program.

(e) Procedure. The court having jurisdiction over the Town's ordinance violations shall provide the applicant a review date six (6) months after the approval date of his or her application. On the review date, the Town attorney shall review the applicant's driving record and applicable court dockets, and if the applicant has no new moving violations within the six (6) month period of the deferral, then the Town attorney shall dismiss the original citation. If the applicant has been issued a citation for a moving traffic violation during the deferral period, or otherwise does not comply with terms of the Town deferral program, the Town attorney shall resume prosecution against the applicant based upon the original citation. The person shall then be afforded the opportunity to plead guilty to the original citation and pay the applicable fine and court costs to the Lake County Clerk of the Court, or to appear at a hearing before the court to contest the violation as permitted by law.

(Ord. No. 1776, § 1, 9-28-22)