[HISTORY: Adopted by The Commissioners of St. Michaels 9-9-1980 by Ord. No. 125. Amendments noted where applicable.]
GENERAL REFERENCES
Enforcement of ordinances — See § C-21B of the Charter.
As used in this chapter, the following terms shall have the meanings indicated:
MISDEMEANOR
A. 
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
B. 
Unless otherwise specified, a violation of any ordinance or law of this Town. All violations of the ordinances and the laws shall be treated as misdemeanors unless specifically declared to be infractions.
MUNICIPAL INFRACTION
Any violation of any ordinance now in effect, or any violation of any ordinance or code of ordinances hereafter enacted by The Commissioners of St. Michaels, which violation has been specifically declared to be a municipal infraction. For purposes of this chapter, and all ordinances and codes hereafter enacted by The Commissioners of St. Michaels, a municipal infraction is a civil offense.
The Commissioners shall by official act declare the violation of which ordinance or ordinances shall be a municipal infraction, or municipal infractions, and for each such violation, a specific fine shall be set. This fine shall never exceed the maximum fine provided by Article 23A, §3(b), of the Annotated Code of Maryland. The fine for violation of each ordinance or code section which is declared to be a municipal infraction shall be expressed as a definite amount rather than being expressed in terms of a maximum or minimum amount. The authority to declare municipal infractions and set fines shall not be delegated by The Commissioners to any other administrative or legislative body.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Those enforcement officials authorized by The Commissioners to enforce Town ordinances may deliver a citation to any person alleged to be committing a municipal 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:[1]
(1) 
Name and address of the person charged;
(2) 
The nature of the municipal infraction;
(3) 
The location and time that the municipal infraction occurred or was observed;
(4) 
The amount of the municipal infraction fine assessed;
(5) 
The manner, location, and time in which the fine may be paid to the Town;
(6) 
The right of the accused to stand trial for the municipal infraction;
(7) 
The enforcement officer's certification attesting to the truth of the matter set forth in the citation or that the citation is based on an affidavit; and
(8) 
The effect of failing to pay the assessed fine or demand a trial within the prescribed time.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Duly sworn officers of the St. Michaels Police Department shall be the enforcement officials authorized to enforce all Town ordinances now in effect and all ordinances and codes hereafter enacted unless otherwise specifically indicated on an ordinance by ordinance or code section basis.
The fine for a municipal infraction shall be as specified in each ordinance or code section 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 for a municipal 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 municipal infraction.
A person receiving the citation for a municipal infraction may elect to stand trial for the offense by notifying the Town Clerk in writing of his or 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 or 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 municipal infractions shall be remitted to the general fund of the Town.
If a person receiving a citation for a municipal infraction fails to pay the fine for the municipal infraction by the date of payment set forth on the citation and fails to file a notice of his or her intention to stand trial for the offense, a formal notice of the municipal infraction shall be sent to the offender's last known address. If the citation has not been satisfied within 15 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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. He or she shall have the right to cross-examine witnesses against him or her, to testify or introduce evidence in his or her own behalf and to be represented by an attorney of his or her own selection and at his or her own expense.
[Added 8-14-1984 by Ord. No. 143[1]]
It shall be unlawful for any person to fail and/or refuse to provide his or her proper name and/or address to an enforcement official attempting to issue a municipal infraction citation. Any person who violates any provision of this § 33-10 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalties as provided in Article III, § C-21A, of the Charter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).