[Amended 8-12-2008 by Ord. No. 187]
A. As used in this chapter, the following terms shall
have the meanings indicated:
INFRACTION
Any violation of this Code, which violation has been specifically
declared to be a municipal infraction; a civil offense.
MISDEMEANOR
A criminal offense, not amounting to a felony, arising from
a violation of a provision of the Town Code or a law of this state,
which violation is defined as a misdemeanor.
B. Unless otherwise specified, all violations of this
Code shall be treated as infractions unless specifically declared
to be misdemeanors.
[Amended 8-12-2008 by Ord. No. 187]
The Council shall by official act declare the
violation of an ordinance to be an infraction or a misdemeanor, and
for each such violation a specific fine shall be set. This fine shall
not exceed $1,000. Each day a violation continues shall be a separate
offense. The Town Administrator and the Town Zoning Administrator
shall have the authority to declare infractions and set fines.
[Amended 8-12-2008 by Ord. No. 187]
Those Code Enforcement Officials authorized
by the Council to enforce this Code may deliver a citation to any
person alleged to be committing a violation. A copy of the citation
shall be retained by the Town. The citation shall bear the certification
of the enforcing official attesting to the truth of the matter set
forth in the citation and shall contain, at a minimum, the following
information:
A. 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;
and
G. The effect of failing to pay the assessed fine or
demand a trial within the prescribed time.
The fine for an infraction shall be as specified
in the law 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 an 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/her 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/her 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.
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/her intention
to stand trial for the offense, a formal notice of the infraction
shall be sent to the offender's last known address. If the citation
has not been satisfied within 20 days from the date of the notice,
the Town may double the fine to an amount not to exceed the maximum
fine provided by Article 23A, § 3(b), of the Annotated Code
of Maryland. If after 35 days the citation has not been satisfied,
the Town may request adjudication of the case through the District
Court. The District Court shall promptly schedule the case for trial
and summon the defendant to appear.
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 as for the trial of criminal
cases. The accused shall have the right to cross-examine witnesses
against him/her, to testify or introduce evidence in his/her own behalf
and to be represented by an attorney of his/her own selection and
at his/her own expense.