[HISTORY: Adopted by the Mayor and Council
of the Town of Rock Hall 4-14-2005 by Ord. No. 2005-02. Amendments noted
where applicable.]
A.Â
This chapter shall provide that violations of ordinances
and resolutions of the Town of Rock Hall shall, in certain cases,
be deemed municipal infractions and punishable by fine.
B.Â
Any person who violates any provision of the Code
of the Town of Rock Hall subject to a civil fine or penalty shall,
upon citation issued pursuant to this chapter, be deemed to have committed
a municipal infraction and shall pay to the Town a civil fine in the
amount prescribed.
For purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
indicated:
A person against whom a citation for a municipal infraction
has been issued.
An employee or contractual agent of the Town authorized by
the Mayor and Council to issue a citation for a municipal infraction.
The Local Government Article of the Annotated Code of Maryland.
[Added 4-13-2023 by Ord. No. 2023-01]
Includes a violation of certain ordinances of the Town of
Rock Hall which have been designated a civil or municipal infraction
by the Mayor and Council of the Town of Rock Hall. A municipal infraction
shall be deemed a civil offense.
Any individual, group of individuals, organization, firm,
partnership, corporation, association, government unit, or any other
entity of any kind.
A recurring violation of the same provision of an ordinance
of the Town of Rock Hall by the same person.
A.Â
The Mayor and Council shall designate one or more
enforcement officers who are authorized to issue citations to those
persons whom the enforcement officer determines to have committed
a municipal infraction.
B.Â
Enforcement officers shall deliver, by personal service
or certified mail, a citation to any person whom they adjudge to be
committing a municipal infraction or on the basis of an affidavit
submitted to the appropriate enforcement officer citing the facts
of the alleged incident. For real property-related violations, if
proof is made by affidavit that good faith efforts to serve a defendant
by personal service or certified mail have not succeeded, a citation
may be served on the defendant by regular mail sent to the defendant's
last known address and posting of the citation at the property where
the infraction occurred or is occurring, and, if located within the
Town, at the defendant's residence or place of business.
C.Â
Contents. The Town shall retain a copy of the citation,
which shall contain:
(1)Â
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;
(2)Â
The name and address of the person charged;
(3)Â
The nature of the infraction;
(4)Â
The location and time that the infraction occurred;
(5)Â
The amount of the fine assessed;
(6)Â
The manner, location, and time in which the fine may
be paid to the Town;
(7)Â
The person's right to elect to stand trial for the
infraction; and
(8)Â
The effect of failing to pay the assessed fine or
to demand a trial within the prescribed time.
The issuance of a citation is not appealable
to any Town Board or commission. The redress available upon the issuance
of a citation shall be the election to stand trial. This provision
shall not prevent a defendant from requesting, either personally or
through an attorney, additional information concerning the municipal
infraction.
[Amended 4-13-2023 by Ord. No. 2023-01]
A.Â
Procedure for election of trial. A person receiving
a citation for a municipal infraction may elect to stand trial for
the offense by notifying the Town of his intent to stand 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 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, in accordance with § 6-105
of the Local Government Article, as amended. All fines, penalties,
or forfeitures collected by the District Court in connection with
municipal infractions shall be remitted to the Town.
B.Â
Penalties. If any person shall be found by the District
Court to have committed a municipal infraction, the person shall be
subject to the penalties set forth in § 6-110 of the Local
Government Article.
C.Â
The State's Attorney for Kent County or the Town Attorney
shall prosecute any municipal infractions. Notwithstanding the foregoing,
any Town enforcement officer that is a qualified building inspector
or enforcement officer pursuant to § 6-108 of the Local
Government Article shall be authorized to testify in a Town municipal
infraction proceeding without the assistance of a prosecuting attorney.
A.Â
Unless otherwise specifically enumerated in Subsection E below, any person who commits a municipal infraction shall be subject to a fine not to exceed $500.
[Amended 4-13-2023 by Ord. No. 2023-01]
B.Â
A fine not to exceed $500 may be imposed for each
conviction of a municipal infraction.
C.Â
The fine is payable by the recipient of the citation
to the Town within 20 calendar days of service of the citation.
D.Â
Unless otherwise provided, each twenty-four-hour period
in which a violation(s) exists shall constitute a separate violation.
E.Â
The following schedule of fines shall be set for each
municipal infraction specified below:
[Amended 4-13-2023 by Ord. No. 2023-01]
(1)Â
Class A infractions. The following violations shall be deemed a Class
A municipal infraction and subject to a fine of $500 for an initial
offense and $1,000 for a repeat offense:
(2)Â
Class B infractions. The following violations shall be deemed a Class
B municipal infraction and subject to a fine of $250 for an initial
offense and $500 for a repeat offense:
(3)Â
Class C infractions. The following violations shall be deemed a Class
C municipal infraction and subject to a fine of $100 for an initial
offense and $200 for a repeat offense:
(a)Â
Chapter 157 (Nuisances and Public Hazards), § 157-2B, Deposit or accumulation in or upon any land, sidewalk, street, highway, or alleys; D, Disposal; E, Conveying through alley, street, or highway; K, Vehicles not legally tagged or registered; M, Flow of liquid substances; and R, Obstruction on sideways, alleys, and streets;
(4)Â
Class D infractions. The following violations shall be deemed a Class
D municipal infraction and subject to a fine of $50 for an initial
offense and $100 for a repeat offense:
If the person receiving the 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 $1,000 and request adjudication of the case through the District
Court, including the filing of a demand for judgment on affidavit.
A defendant's failure to respond to a summons issued by the District
Court shall result in the entry of judgment against the defendant
and in favor of the Town in the amount then due if a proper demand
for judgment on affidavit has been filed.
[Amended 4-13-2023 by Ord. No. 2023-01]
Notwithstanding any provision herein to the
contrary, the proceedings for municipal infractions shall be subject
to the requirements of § 6-101 et seq. of the Local Government
Article, as amended.
Notwithstanding the provisions of this chapter
or any other section of the Town Charter, the Town Code or any Town
ordinance, alternative remedies such as injunction, mandamus, or other
appropriate forms of relief to enforce provisions of Town legislation
shall be effective as may be provided by law.
The Recitals to this Ordinance No. 05-02 are
incorporated herein and deemed a substantive part of this chapter,
as follows:
WHEREAS, under Article 23A, Section 3, of the
Annotated Code of Maryland, the Mayor and Council of the Town of Rock
Hall have the express power to provide that violations of any ordinance
of the Town of Rock Hall shall be a municipal infraction;
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WHEREAS, pursuant to the Charter of the Town
of Rock Hall, the Mayor and Council of the Town of Rock Hall are empowered
to ensure the observance of ordinances and may declare the violation
of certain Town ordinances to be municipal infractions; and
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WHEREAS, the Mayor and Council of the Town of
Rock Hall, to assure the observance of ordinances of the Town of Rock
Hall and for the good and welfare of the community, deem it necessary
and appropriate to adopt Ordinance No. 2005-02 for the purpose of
adding new Chapter I53 and specifying certain violations of Town ordinances
to be municipal infractions.
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