Gonon v. State

SHIELDS, Judge.

Richard Gonon appeals the determination he violated Ordinance No. 41-05 of the City of Carmel, Indiana.

We reverse.

ISSUE

Whether a municipal ordinance can be judicially noticed.

FACTS

On July 14, 1990 Richard Gonon was cited for violating Ordinance No. 41-05 of the City of Carmel, Indiana. At trial, the City failed to offer proof of Ordinance No. 41-05, whereupon Gonon moved for judgment on the evidence at the close of the City's case. The Carmel City Court denied Gonon's motion and, when Gonon rested without introducing any evidence, found Gonon had violated the Ordinance as…