[HISTORY: Adopted by the Commissioners (now
Town Council) of the Town of Denton 5-5-1986 by Ord. No. 219. Amendments
noted where applicable.]
GENERAL REFERENCES
Misdemeanors and infractions — See Charter, § C4-3.
As used in this chapter, the following terms
shall have the meanings indicated:
Any violation of any ordinance of the Town of Denton, which
violation has been specifically declared to be an "infraction." For
purposes of this chapter, an "infraction" is a civil offense.
A criminal offense, not amounting to a felony,
arising from a violation of a law of the state, which violation is
defined as a "misdemeanor"; or
Unless otherwise specified, a violation of any
ordinance of the Town of Denton. All violations of these ordinances
shall be treated as "misdemeanors" unless specifically declared to
be infractions.
[Amended 2-3-1992 by Ord. No. 291; 2-5-1996 by Ord. No.
346; 5-1-2006 by Ord. No. 509]
A.
Unless otherwise specifically provided by this Code
or Town ordinance, whenever this Code or any ordinance of the Town
shall declare that any act or failure to act is a misdemeanor or is
declared unlawful, and is not specifically declared to be an infraction,
the violation of any such provision shall be punishable by a fine
not exceeding $100 or by imprisonment in the County jail for not more
than 30 days, or by both such fine and imprisonment in the discretion
of the court. Where this Code or any ordinance sets forth a specific
fine for a particular misdemeanor, that fine shall apply. Each day
any violation of this Code or of any ordinance shall continue shall
constitute a separate offense.
B.
The Council of Denton shall by official act declare
the violation of which ordinance or ordinances shall be an infraction
or infractions, and for each such violation a fine shall be set. This
fine shall never exceed the maximum allowable fine for each municipal
infraction as prescribed in Article 23A, § 3, of the Maryland
Annotated Code. Unless this Code or any ordinance of the Town sets
forth a different fine amount for the particular infraction, the penalty
for the first infraction shall be $100, and up to $200 for the second
violation. Where this Code or any ordinance sets forth a specific
fine for a particular municipal infraction, that fine amount shall
apply. Each day that such violation continues shall be considered
a separate offense.
[Amended 2-3-1992 by Ord. No. 291]
Those Code enforcement officials authorized
by the Town Council of Denton to enforce these ordinances may deliver
a citation to any person alleged to be committing an infraction. A
copy of the citation shall be retained by the Town and shall bear
the certification of the enforcing official attesting to the truth
of the matter set forth in the citation. The citation shall contain,
at a minimum, the following information:
A.
The name and address of the person charged.
B.
The nature of the infraction.
C.
The location and time that the infraction occurred
or was observed.
D.
The amount of the infraction fine assessed.
E.
The manner, location and time in which the fine may
be paid to the Town.
F.
The right of the accused to stand trial for the infraction.
G.
The effect of failing to pay the assessed fine or
demand a trail within the prescribed time.
The fine for the infraction shall be as specified
in the ordinance violated. The fine is payable by the recipient of
the citation to the Town within 20 calendar days of receipt of the
citation.
The Town shall not conduct any formal hearing
for those persons in receipt of a citation of infraction. Any offender
so cited may pay the fine as indicated in the citation or elect to
stand trial for the offense. This provision shall not prevent any
offender from requesting, either personally or through an attorney,
additional information concerning the infraction.
A person receiving the citation for an infraction
may elect to stand trial for the offense by notifying the Town in
writing of his intention of standing trial. The notice shall be given
at least five days prior to the date of payment as set forth in the
citation. Upon receipt of the notice of the intention to stand trial,
the Town shall forward to the District Court having venue a copy of
the notice from the person who received the citation indicating his
intention to stand trial. Upon receipt of the citation, the District
Court shall schedule the case for trial and notify the defendant of
the trial date. All fines, penalties or forfeitures collected by the
District Court for violations of infractions shall be remitted to
the general fund of the Town.
[Amended 2-3-1992 by Ord. No. 291]
If a person receiving a citation for an infraction
fails to pay the fine for the infraction by the date of payment set
forth on the citation and fails to file a notice of his intention
to stand trial for the offense, the person is liable for the assessed
fine. The Town may double the fine to an amount not to exceed $400
and request adjudication of the case through the District Court, including
the filing of a demand for judgment on affidavit. The District Court
shall promptly schedule the case for trial and summons the defendant
to appear. The defendant's failure to respond to such summons shall
result in the entry or judgment against the defendant in favor of
the Town in the amount then due if a proper demand for judgment on
affidavit has been filed.
Conviction of a municipal infraction, whether
by the District Court or by payment of the fine to the Town, is not
a criminal conviction for any purpose, nor does it impose any of the
civil disabilities ordinarily imposed by a criminal conviction.
In any proceeding for a municipal infraction,
the accused shall have the same rights for the trial of criminal cases.
He shall have the right to cross-examine witnesses against him, to
testify or introduce evidence in his own behalf and to be represented
by an attorney of his own selection and at his own expense.
The Town Council of Denton only have the privilege
to waive any fine contained herein not imposed by any court.
The Town Council of Denton may by resolution
designate those persons who may have the authority in their official
capacities to issue citations for municipal infractions of all ordinances
which have been specified as those, violations of which are deemed
to be municipal infractions.
[Added 2-3-1992 by Ord. No. 291]
In addition to the fines available hereunder
for municipal infractions, the Town may request that the District
Court order the defendant to abate the violation, or enter an order
permitting the Town to abate the violation which shall be at the defendant's
expense.
[Added 10-6-2008 by Ord. No. 566]
The Town of Denton, or its designated code official,
may apply to a judge of the District Court or Circuit Court for Caroline
County for an administrative search warrant to enter any premises
to conduct any inspection required or authorized by this Code or applicable
law.
A.
The application for an administrative search warrant
shall be in writing and sworn to by the applicant and shall particularly
describe the place, structure, premises, etc., to be inspected and
the nature, scope and purpose of the inspection to be performed by
the applicant.
B.
A judge of a court referred to in this section may issue the warrant based upon in information set forth in Subsection A upon a finding that:
(1)
The applicant has sought access to the property for
the purpose of making an inspection;
(2)
After requesting, at a reasonable time, that the owner,
tenant or other individual in charge of the property allow the applicant
access, the applicant has been denied access to the property, or after
making a reasonable effort the applicant has been unable to locate
any of these individuals;
(3)
The Town, or its designated code official(s), is authorized
by law to make an inspection of the property for which the warrant
is sought; and
(4)
Probable cause for the issuance of the warrant has
been demonstrated by the applicant by specific evidence of a public
nuisance that affects the health, safety and welfare of the Town's
citizens, or that the property to be inspected falls within the Town's
inspection process pursuant to the Property Maintenance Code.
C.
An administrative search warrant issued under this
section shall specify the place, structure or premises to be inspected.
The inspection conducted may not exceed the limits specified in the
warrant.
D.
An administrative search warrant issued under this
section authorizes the applicant and other designated officials or
employees of the Town to enter specified property to perform the inspection,
sampling and other functions authorized by law to determine compliance
with the provisions of the code or other law.
F.
Information obtained in accordance with an administrative
search warrant under this section is confidential and may not be disclosed
except:
