Introduced Version
SENATE BILL No. 244
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-13-2; IC 9-14-13-7; IC 9-21; IC 9-30-3-14;
IC 34-6-2-85; IC 36-1-6-3.
Synopsis: Speed control in school zones. Authorizes a county or
municipality to adopt and enforce an ordinance that regulates the use
of a school zone speed control system (system) to detect certain
violations. Provides a civil penalty for a violation. Specifies that a civil
penalty must first be applied to defray the cost of the installation,
operation, and maintenance of the system. Specifies the manner in
which the remaining money from the civil penalty must be distributed.
Requires a county or municipality to report data to the interim study
committee on roads and transportation. Makes conforming changes.
Effective: July 1, 2024.
Hunley
January 10, 2024, read first time and referred to Committee on Homeland Security and
Transportation.
2024 IN 244—LS 6809/DI 151 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 244
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-13-2-2.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 2.1. "Agent", for purposes of IC 9-21-23, has the
4 meaning set forth in IC 9-21-23-1.
5 SECTION 2. IC 9-13-2-110.7 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 110.7. "Municipality", for
8 purposes of IC 9-21-23, has the meaning set forth in IC 36-1-2-11.
9 SECTION 3. IC 9-13-2-121, AS AMENDED BY P.L.164-2020,
10 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 121. (a) Except as otherwise provided in
12 subsection subsections (b) and (c), "owner" means a person, other than
13 a lienholder, that:
14 (1) holds the property in or title to, as applicable, a vehicle,
15 manufactured home, mobile home, off-road vehicle, snowmobile,
16 or watercraft; or
17 (2) is entitled to the use or possession of, as applicable, a vehicle,
2024 IN 244—LS 6809/DI 151 2
1 manufactured home, off-road vehicle, snowmobile, or watercraft,
2 through a lease or other agreement intended to operate as a
3 security.
4 (b) "Owner" for purposes of IC 9-18.1-14.5, has the meaning set
5 forth in 33 CFR 174.3.
6 (c) "Owner", for purposes of IC 9-21-23, has the meaning set
7 forth in IC 9-21-23-5.
8 SECTION 4. IC 9-13-2-161.6 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 161.6. "School zone speed control
11 system", for purposes of IC 9-21-23, has the meaning set forth in
12 IC 9-21-23-6.
13 SECTION 5. IC 9-14-13-7, AS ADDED BY P.L.198-2016,
14 SECTION 193, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2024]: Sec. 7. The bureau may disclose certain
16 personal information that is not highly restricted personal information
17 if the person requesting the information provides proof of identity and
18 represents that the use of the personal information will be strictly
19 limited to at least one (1) of the following:
20 (1) For use by a government agency, including a court or law
21 enforcement agency, in carrying out its functions, or a person
22 acting on behalf of a government agency in carrying out its
23 functions, including an agent in carrying out its
24 responsibilities under IC 9-21-23.
25 (2) For use in connection with matters concerning:
26 (A) motor vehicle or driver safety and theft;
27 (B) motor vehicle emissions;
28 (C) motor vehicle product alterations, recalls, or advisories;
29 (D) performance monitoring of motor vehicles, motor vehicle
30 parts, and dealers;
31 (E) motor vehicle market research activities, including survey
32 research;
33 (F) the removal of nonowner records from the original owner
34 records of motor vehicle manufacturers; and
35 (G) motor fuel theft under IC 24-4.6-5.
36 (3) For use in the normal course of business by a business or its
37 agents, employees, or contractors, but only:
38 (A) to verify the accuracy of personal information submitted
39 by an individual to the business or its agents, employees, or
40 contractors; and
41 (B) if information submitted to a business is not correct or is
42 no longer correct, to obtain the correct information only for
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1 purposes of preventing fraud by pursuing legal remedies
2 against, or recovering on a debt or security interest against, the
3 individual.
4 (4) For use in connection with a civil, a criminal, an
5 administrative, or an arbitration proceeding in a court or
6 government agency or before a self-regulatory body, including the
7 service of process, investigation in anticipation of litigation, and
8 the execution or enforcement of judgments and orders, or under
9 an order of a court.
10 (5) For use in research activities, and for use in producing
11 statistical reports, as long as the personal information is not
12 published, redisclosed, or used to contact the individuals who are
13 the subject of the personal information.
14 (6) For use by an insurer, an insurance support organization, or a
15 self-insured entity, or the agents, employees, or contractors of an
16 insurer, an insurance support organization, or a self-insured entity
17 in connection with claims investigation activities, anti-fraud
18 activities, rating, or underwriting.
19 (7) For use in providing notice to the owners of towed or
20 impounded vehicles.
21 (8) For use by a licensed private investigative agency or licensed
22 security service for a purpose allowed under this section.
23 (9) For use by an employer or its agent or insurer to obtain or
24 verify information relating to a holder of a commercial driver's
25 license that is required under the Commercial Motor Vehicle
26 Safety Act of 1986 (49 U.S.C. 31131 et seq.).
27 (10) For use in connection with the operation of private toll
28 transportation facilities.
29 (11) For any use in response to requests for individual motor
30 vehicle records when the bureau has obtained the written consent
31 of the person to whom the personal information pertains.
32 (12) For bulk distribution for surveys, marketing, or solicitations
33 when the bureau has obtained the written consent of the person to
34 whom the personal information pertains.
35 (13) For use by any person, when the person demonstrates, in a
36 form and manner prescribed by the bureau, that written consent
37 has been obtained from the individual who is the subject of the
38 information.
39 (14) For any other use specifically authorized by law that is
40 related to the operation of a motor vehicle or public safety.
41 However, this section does not affect the use of anatomical gift
42 information on a person's driver's license or identification document
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1 issued by the bureau, nor does this section affect the administration of
2 anatomical gift initiatives in Indiana.
3 SECTION 6. IC 9-21-5-6, AS AMENDED BY P.L.164-2018,
4 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (e) and
6 (f), whenever a local authority in the authority's jurisdiction determines
7 that the maximum speed permitted under this chapter is greater or less
8 than reasonable and safe under the conditions found to exist on a
9 highway or part of a highway, the local authority may determine and
10 declare a reasonable and safe maximum limit on the highway. The
11 maximum limit declared under this section may do any of the
12 following:
13 (1) Decrease the limit within urban districts, but not to less than
14 twenty (20) miles per hour.
15 (2) Increase the limit within an urban district, but not to more than
16 fifty-five (55) miles per hour during daytime and fifty (50) miles
17 per hour during nighttime.
18 (3) Decrease the limit outside an urban district, but not to less
19 than thirty (30) miles per hour.
20 (4) Decrease the limit in an alley, but to not less than five (5)
21 miles per hour.
22 (5) Increase the limit in an alley, but to not more than thirty (30)
23 miles per hour.
24 The local authority must perform an engineering and traffic
25 investigation before a determination may be made to change a speed
26 limit under subdivision (2), (3), (4), or (5) or before the speed limit
27 within an urban district may be decreased to less than twenty-five (25)
28 miles per hour under subdivision (1).
29 (b) Except as provided in subsection (f), a local authority in the
30 authority's jurisdiction shall determine by an engineering and traffic
31 investigation the proper maximum speed for all local streets and shall
32 declare a reasonable and safe maximum speed permitted under this
33 chapter for an urban district. However, an engineering and traffic study
34 is not required to be performed for the local streets in an urban district
35 under this subsection if the local authority determines that the proper
36 maximum speed in the urban district is not less than twenty-five (25)
37 miles per hour.
38 (c) An altered limit established under this section is effective at all
39 times or during hours of darkness or at other times as may be
40 determined when appropriate signs giving notice of the altered limit are
41 erected on the street or highway.
42 (d) Except as provided in this subsection and notwithstanding
2024 IN 244—LS 6809/DI 151 5
1 IC 9-21-23 or IC 36-1-3-8(a), a local authority may not alter a speed
2 limit on a highway or extension of a highway in the state highway
3 system. A city or town may establish speed limits on state highways
4 upon which a school is located. However, a speed limit established
5 under this subsection is valid only if the following conditions exist:
6 (1) The limit is not less than twenty (20) miles per hour.
7 (2) The limit is imposed only in the immediate vicinity of the
8 school.
9 (3) Children are present.
10 (4) The speed zone is properly signed. There must be:
11 (A) a sign located:
12 (i) where the reduced speed zone begins; or
13 (ii) as near as practical to the point where the reduced speed
14 zone begins;
15 indicating the reduced speed limit; and
16 (B) a sign located at the end of the reduced speed zone
17 indicating:
18 (i) the speed limit for the section of highway that follows; or
19 (ii) the end of the reduced speed zone.
20 (5) The Indiana department of transportation has been notified of
21 the limit imposed by certified mail.
22 (e) A local authority may decrease a limit on a street to not less than
23 fifteen (15) miles per hour if the following conditions exist:
24 (1) The street is located within a park or playground established
25 under IC 36-10.
26 (2) The:
27 (A) board established under IC 36-10-3;
28 (B) board established under IC 36-10-4; or
29 (C) park authority established under IC 36-10-5;
30 requests the local authority to decrease the limit.
31 (3) The speed zone is properly signed.
32 (f) A city, town, or county may establish speed limits on a street or
33 highway upon which a school is located if the street or highway is
34 under the jurisdiction of the city, town, or county, respectively.
35 However, a speed limit established under this subsection is valid only
36 if the following conditions exist:
37 (1) The limit is not less than twenty (20) miles per hour.
38 (2) The limit is imposed only in the immediate vicinity of the
39 school.
40 (3) Children are present.
41 (4) The speed zone is properly signed. There must be:
42 (A) a sign located where the reduced speed zone begins or as
2024 IN 244—LS 6809/DI 151 6
1 near as practical to the point where the reduced speed zone
2 begins indicating the reduced speed limit and a sign located at
3 the end of the reduced speed zone indicating the end of the
4 reduced speed zone; and
5 (B) if the school operates on a twelve (12) month schedule, a
6 sign indicating that the school is an all year school.
7 Notwithstanding IC 36-1-3-8(a), a city, town, or county may
8 establish speed limits on a street or highway upon which a school
9 is located if the street or highway is under the jurisdiction of the
10 city, town, or county, respectively, under IC 9-21-23.
11 (g) Except as provided in subsection (h), a person who exceeds a
12 speed limit established by a local authority under this section commits
13 a Class C infraction.
14 (h) A person who exceeds a speed limit that is established under
15 subsection (d) or (f) commits a Class B infraction.
16 SECTION 7. IC 9-21-23 IS ADDED TO THE INDIANA CODE AS
17 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
18 1, 2024]:
19 Chapter 23. School Zone Speed Control Program
20 Sec. 1. As used in this chapter, "agent" means a person that:
21 (1) provides services to a county or municipality;
22 (2) operates, maintains, leases, or licenses school zone speed
23 control systems as authorized by a county or municipality; or
24 (3) is authorized to review and assemble a recorded image
25 captured by a school zone speed control system for review by
26 a police officer employed by a county or municipality.
27 Sec. 2. As used in this chapter, "motor vehicle" has the meaning
28 set forth in IC 9-13-2-105(a).
29 Sec. 3. As used in this chapter, "motor vehicle rental company"
30 means a person that routinely engages in the business of renting
31 motor vehicles for periods of not more than thirty (30) days.
32 Sec. 4. As used in this chapter, "municipality" means a city or
33 town.
34 Sec. 5. As used in this chapter, "owner" means a person in
35 whose name a motor vehicle is registered under any of the
36 following:
37 (1) IC 9-18.1.
38 (2) The law of another state.
39 (3) The law of a foreign country.
40 (4) The International Registration Plan.
41 Sec. 6. As used in this chapter, "school zone speed control
42 system" means a photographic device, radar device, laser device,
2024 IN 244—LS 6809/DI 151 7
1 or other electrical or mechanical device or devices designed to:
2 (1) record the speed of a motor vehicle;
3 (2) obtain a clear photograph or other recorded image of the
4 rear of the motor vehicle and the license plate affixed to the
5 motor vehicle at the time the recorded speed of the motor
6 vehicle exceeds a school zone speed limit;
7 (3) indicate on at least one (1) recorded image the date, time,
8 and location of the violation; and
9 (4) undergo an annual calibration check, the results of which
10 are kept on file with the county or municipality that uses the
11 school zone speed control system.
12 Sec. 7. As used in this chapter, "school zone speed limit" means
13 a speed limit established under IC 9-21-5-6.
14 Sec. 8. (a) Notwithstanding IC 36-1-3-8(a)(8), a county or
15 municipality may adopt an ordinance to use a school zone speed
16 control system to enforce a violation of a school zone speed limit.
17 (b) An ordinance adopted under subsection (a) must be adopted
18 as follows:
19 (1) In a municipality, by the legislative body of the
20 municipality.
21 (2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the
22 legislative body of the county.
23 (3) In any other county, by the executive of the county.
24 (c) An ordinance adopted under subsection (a) is subject to an
25 interlocal agreement under IC 36-1-7.
26 Sec. 9.(a) A municipality, county, or school corporation that
27 uses a school zone speed control system may enter into a contract
28 with an agent for the installation, operation, notice processing,
29 administration, and maintenance of the school zone speed control
30 system.
31 (b) An agent is not required to be licensed under IC 25-30-1.
32 (c) The records, documents, and books kept by an agent are not
33 considered public records (as defined in IC 5-14-3-2(r)).
34 Sec. 10. A county or municipality may adopt an ordinance to
35 establish a speed limit under IC 9-21-5-6 that is enforced by a
36 school zone speed control system.
37 Sec. 11. (a) If a county or municipality adopts an ordinance
38 under section 8 of this chapter, the ordinance must include the
39 following regarding the school zone speed control system:
40 (1) That the school zone speed control system is maintained in
41 accordance with specified self-test performance standards.
42 (2) That an ordinance adopted under this chapter may be
2024 IN 244—LS 6809/DI 151 8
1 challenged pursuant to the requirements of IC 34-13-6.
2 (b) If a county or municipality adopts an ordinance under
3 section 8 of this chapter, the ordinance must include the following
4 regarding a violation:
5 (1) That a police officer employed by the county or
6 municipality:
7 (A) must review and approve an image recorded by the
8 school zone speed control system before notice of an
9 ordinance violation may be forwarded to the owner of the
10 motor vehicle; and
11 (B) may not forward notice of an ordinance violation to an
12 owner under clause (A) if, in the opinion of the police
13 officer, it was not possible for the operator of the motor
14 vehicle to safely avoid committing the ordinance violation
15 due to inclement weather conditions.
16 (2) Except as otherwise provided under this chapter, that the
17 owner of a motor vehicle identified through a school zone
18 speed control system is liable for the civil penalty for a
19 violation under this chapter.
20 (3) The defenses to a violation under section 17 of this
21 chapter.
22 (4) The civil penalty to be assessed for a violation under
23 section 18 of this chapter.
24 (5) That an owner may pay a civil penalty for a violation by
25 electronic means.
26 (6) That a county or municipality may bring an action under
27 IC 36-1-6 to enforce an ordinance or action taken under this
28 chapter.
29 (c) A county or municipality that adopts an ordinance under
30 section 8 of this chapter shall publish notice of the location of each
31 school zone speed control system on the website of the county or
32 municipality.
33 Sec. 12. (a) A school corporation that uses a school zone speed
34 control system to enforce an ordinance adopted under this chapter
35 must forward a recorded image produced by the school zone speed
36 control system to the law enforcement agency of the county or
37 municipality in which the school corporation is located for review
38 and approval by a police officer employed by the law enforcement
39 agency before notice of the ordinance violation may be sent to the
40 owner of the motor vehicle.
41 (b) A police officer described in subsection (a) may not send
42 notice of the ordinance violation to the owner of the motor vehicle
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1 if, in the opinion of the police officer, the operator of the motor
2 vehicle could not have safely avoided committing the ordinance
3 violation due to inclement weather conditions.
4 Sec. 13. Before installing a school zone speed control system, a
5 county or municipality shall:
6 (1) conduct a public information campaign to inform drivers
7 about the use of a school zone speed control system to detect
8 speeds in excess of a school zone speed limit; and
9 (2) post signs indicating that school zone speed limits are
10 monitored by a school zone speed control system before the
11 entrance to a school zone in which a school zone speed control
12 system is in use.
13 Sec. 14. (a) A school zone speed control system must undergo an
14 annual calibration check performed by an independent calibration
15 laboratory.
16 (b) The independent calibration laboratory performing the
17 annual calibration check required under subsection (a) shall issue
18 a certificate of calibration to the department for the school zone
19 speed control system as proof that:
20 (1) the annual calibration check was performed; and
21 (2) the school zone speed control system is accurately
22 calibrated.
23 Sec. 15. (a) A school zone speed control system may not be used
24 to take a photograph or recorded image of the front of a motor
25 vehicle.
26 (b) A photograph or recorded image of the front of a motor
27 vehicle obtained through the use of a school zone speed control
28 system may not be used as evidence of a violation under this
29 chapter.
30 (c) The information and recorded images collected under this
31 chapter are confidential under IC 5-14-3.
32 (d) Except as otherwise provided in this section, information
33 and photographs or recorded images collected under this chapter
34 are not discoverable by court order as evidence in a proceeding
35 except to assess a penalty under section 18 of this chapter.
36 (e) Information and a photograph or recorded image collected
37 under this chapter must be destroyed not later than two (2) years
38 after the date the information and photograph or recorded image
39 is collected.
40 Sec. 16. (a) Except as otherwise provided by this chapter, use of
41 a photograph or recorded image obtained through the use of a
42 school zone speed control system for the purpose of enforcing a
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1 traffic offense (as defined in IC 9-13-2-183) is prohibited.
2 (b) A photograph or recorded image obtained through the use
3 of a school zone speed control system may not be used as evidence
4 in any action other than the action to collect a school zone speed
5 limit civil penalty for which the photograph or recorded image was
6 obtained.
7 (c) Unless authorized by court order, a photograph or recorded
8 image obtained through the use of a school zone speed control
9 system may not be disclosed to anyone other than:
10 (1) the owner of the motor vehicle at the time the recorded
11 speed of the motor vehicle exceeded a school zone speed limit;
12 (2) an individual alleged to have been operating the motor
13 vehicle at the time the school zone speed limit was exceeded as
14 described in subdivision (1);
15 (3) an attorney representing an individual described in
16 subdivision (1) or (2);
17 (4) a law enforcement officer;
18 (5) the department;
19 (6) a person administering the school zone speed control
20 system; and
21 (7) the court in a proceeding for judicial review under
22 IC 4-21.5.
23 Sec. 17. (a) Except as provided in subsection (d), the owner of a
24 motor vehicle identified through a school zone speed control system
25 is liable for the civil penalty described in section 18 of this chapter
26 for exceeding a school zone speed limit.
27 (b) There is a rebuttable presumption that the owner of a motor
28 vehicle that is the subject of a photograph or recorded image was
29 operating the motor vehicle when the photograph or recorded
30 image was obtained through a school zone speed control system.
31 (c) The presumption under subsection (b) does not apply to an
32 owner of a motor vehicle that is a motor vehicle rental company.
33 (d) The owner of a motor vehicle may submit information to
34 rebut the presumption created by subsection (b).
35 (e) It is a defense under this section if any of the following apply:
36 (1) The person receiving a notice of violation issued under this
37 chapter:
38 (A) was not the owner of the motor vehicle; or
39 (B) was not operating the motor vehicle;
40 at the time that the school zone speed limit was exceeded.
41 (2) The vehicle was reported stolen prior to the time that the
42 school zone speed limit was exceeded and was not recovered
2024 IN 244—LS 6809/DI 151 11
1 prior to that time.
2 (3) The school zone speed control system was not properly
3 tested for accuracy, certification, or calibration.
4 Sec. 18. (a) Notwithstanding IC 36-1-3-8(a)(10)(B), a person who
5 exceeds a school zone speed limit that is detected under this
6 chapter is subject to the following civil penalties:
7 (1) A written warning for the first violation.
8 (2) A civil penalty of seventy-five dollars ($75) for the second
9 violation.
10 (3) A civil penalty of one hundred fifty dollars ($150) for the
11 third and each subsequent violation.
12 (b) A county or municipality may impose a fee associated with
13 the electronic processing of the civil penalty imposed under
14 subsection (a).
15 (c) A county or municipality must apply at least fifty percent
16 (50%) of the amount of the civil penalty imposed under subsection
17 (a) to defray the cost to install, operate, and maintain a school zone
18 speed control system.
19 (d) The remaining money from the civil penalty imposed under
20 subsection (a) must be transferred to the general fund of the county
21 or municipality to be used for public safety and infrastructure.
22 Sec. 19. (a) Not later than November 1 of each year, a county or
23 municipality shall submit a report to the interim study committee
24 on roads and transportation established by IC 2-5-1.3-4 that
25 includes the following:
26 (1) The number of violations issued in a school zone where a
27 school zone speed control system was operated.
28 (2) The amount of fines imposed for violations occurring in a
29 school zone where a school zone speed control system was
30 operated.
31 (b) A report under this section must be submitted in an
32 electronic format under IC 5-14-6.
33 SECTION 8. IC 9-30-3-14, AS AMENDED BY P.L.111-2021,
34 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 14. This section does not apply to a violation of
36 an ordinance adopted under IC 9-21-23. If a court convicts a person
37 for a moving traffic offense and the person is known or believed by the
38 court not to be the owner of the motor vehicle, the court shall, within
39 seven (7) days after entering the conviction, deposit with the United
40 States Postal Service, first class postage prepaid, notice addressed to
41 the owner of the motor vehicle giving the owner the following
42 information:
2024 IN 244—LS 6809/DI 151 12
1 (1) The name and address of the person convicted.
2 (2) The name and address of the owner of the motor vehicle.
3 (3) The offense upon which the conviction was made.
4 (4) The date of arrest of the person convicted and the location of
5 the place of the offense.
6 (5) The license plate number of the motor vehicle.
7 (6) The driver's or chauffeur's license number of the person
8 convicted.
9 (7) The date of the conviction and the name of the court making
10 the conviction.
11 SECTION 9. IC 34-6-2-85 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 85. "Moving traffic
13 violation", for purposes of IC 34-28-5, means a violation of:
14 (1) a statute defining an infraction; or
15 (2) an ordinance, other than a violation under IC 9-21-23;
16 that applies when a motor vehicle is in motion.
17 SECTION 10. IC 36-1-6-3 IS AMENDED TO READ AS
18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Certain
19 ordinances may be enforced by a municipal corporation without
20 proceeding in court through:
21 (1) an admission of violation before the violations clerk under
22 IC 33-36; or
23 (2) administrative enforcement under section 9 of this chapter.
24 (b) Except as provided in subsection (a), a proceeding to enforce an
25 ordinance must be brought in accordance with IC 34-28-5, section 4 of
26 this chapter, or both.
27 (c) An ordinance defining a moving traffic violation may not be
28 enforced under IC 33-36 and must be enforced in accordance with
29 IC 34-28-5.
30 (d) An ordinance adopted under IC 9-21-23 may be enforced
31 under IC 33-36 or IC 34-28-5.
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