[HISTORY: Adopted by the Board of County Commissioners of
Calvert County as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-28-2015 by Ord. No. 30-15]
As used in this article, the following terms shall have the
meanings indicated:
The school zone:
An accredited public, parochial or private learning institution
for one or more grades kindergarten through 12.
A device with one or more motor vehicle sensors producing
recorded images of motor vehicles traveling at speeds at least 12
miles per hour above the posted speed limit.
A school zone is hereby designated upon that portion of each
County road being 500 feet or less from the boundary of a school,
measured upon the center line of the street. To the extent the State
Highway Administration or a municipality located within Calvert County
has previously designated a school zone, or designates a School Zone
in the future, which is different from that set forth above, such
State Highway Administration or municipality designations shall control.
In accordance with § 21-809 of the Transportation
Article of the Maryland Annotated Code, the County may use and enforce
citations issued from speed monitoring systems within school zones
with a posted speed limit of at least 20 miles per hour within the
County.
The Sheriff shall designate one or more deputies to review citations
and operate the speed monitoring system, but may enter into an agreement
to supply and maintain speed monitoring systems.
Appropriate training of the operators and calibration of the
speed monitoring systems shall be provided as required by § 21-809
of the Transportation Article of the Maryland Annotated Code, as amended
from time to time.
Reasonable notice of the use of speed monitoring systems shall
be provided through advertisement in a newspaper of general circulation
in Calvert County and the County's website at least 15 days prior
to the activation of a speed monitoring system in a school zone for
the first time or upon relocating a speed monitoring system to a school
zone where one was not present immediately prior to the relocation.
Additionally, signs indicating the use of speed monitoring systems
shall be provided as required by § 21-809 of the Transportation
Article of the Maryland Annotated Code, as amended from time to time.
A civil penalty in the amount of $40 per violation is hereby
established, subject to an additional late fee of $20 if not paid
within 30 days after the issuance of the citation. The penalty shall
be paid to the Treasurer of Calvert County; except that, in a contested
case before the District Court of Maryland, the penalty shall be collected
by the District Court in accordance with § 7-302(a) of the
Courts and Judicial Proceedings Article of the Maryland Annotated
Code and § 21-809 of the Transportation Article of the Maryland
Annotated Code and distributed in accordance with § 12-118
of the Transportation Article of the Maryland Annotated Code, as any
of the foregoing may be amended from time to time.
Revenue received by the County from this safety for students
program shall first be used to recover the costs of implementing and
administering the safety for students program. Any remaining balance
shall be used for public safety purposes as set forth in the annual
budget adopted by the County Commissioners of Calvert County.
A.
The official or employee designated to investigate and respond to
questions or concerns about the speed monitoring system or a violation
shall be the Administrative Assistant of the Administrative and Judicial
Services Bureau, or such other person as may be appointed by the Sheriff
(hereinafter referred to as the "local designee"), but who may not
be employed by a speed monitoring system contractor or have been involved
in any review of a speed monitoring system citation, other than review
of a citation under this section.
B.
The local designee shall review a citation generated by a speed monitoring
system if the person who received the citation requests review before
the deadline for contesting liability under the speed monitoring systems
statute.
C.
If the local designee determines that the citation is an erroneous
violation, the local designee shall void the citation.
D.
If the local designee determines that a person did not receive notice
of a citation issued under this section due to an administrative error,
the local designee may resend the citation in accordance with § 21-809
of the Transportation Article of the Maryland Annotated Code, as amended
from time to time, or void the citation.
E.
The local designee that takes any action described under Subsection D of this section shall notify the Administration of the action for the purpose of rescinding any administrative penalties imposed.
F.
The local designee may not determine that a citation is an erroneous
violation based solely on the dismissal of the citation by a court.
The program administrator, as required by Maryland Annotated
Code, Transportation Article, § 21-809(b)(5), shall be the
Sheriff's Commander of the Administrative and Judicial Services
Bureau, or such other person as designated by resolution of the Board
of County Commissioners from time to time, but who may not be an employee
or representative of a speed monitoring system contractor.
The Sheriff, in consultation with other offices and departments
of the County government, may develop further procedures, policies
and regulations to implement this safety for students program in accordance
with § 21-809 of the Transportation Article of the Maryland
Annotated Code, as amended from time to time, and this article.
