As used in this chapter, the following terms shall have the meanings
indicated:
INFRACTION
Any violation of the County Code or of a regulation adopted pursuant
to the County Code which has been designated a civil infraction and is punishable
by a civil fine.
MISDEMEANOR
Includes the following:
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 law of this county. All
violations shall be treated as "misdemeanors" unless specifically declared
to be infractions.
OFFICIAL
For the purposes of this chapter, an official is the individual in
an agency or department authorized to issue citations.
PARKING VIOLATION
Any violation of any parking law, regulation or provision made by Wicomico County or any other agency authorized to designate limited parking or no parking, including violations of Article
IV or
V of Chapter
197 of this Code.
PERSON
An individual, partnership, joint venture, corporation, association,
or organization.
The official issuing the citation shall deliver the citation to the
person charged; or mail the citation by certified mail, postage prepaid, to
the person charged. In addition, a copy of the citation may be posted in a
conspicuous place on the property where the violation exists or has occurred.
Adjudication of a civil infraction of the Wicomico County Code, whether
by the District Court or by payment of the fine, is not a criminal conviction
for any purpose, nor does it impose any of the civil disabilities ordinarily
imposed by a criminal conviction.
The office of the County Attorney is authorized to prosecute all civil
infractions of the Wicomico County Code.
All fines, penalties or forfeitures collected by the District Court
for civil infractions of the Wicomico County Code shall be remitted to the
general fund of the county.
The county shall not conduct any formal hearing in connection with civil
infractions of the Wicomico County Code. This provision shall not prevent
the person charged from requesting, either personally or through an attorney,
additional information concerning the violation.
If any provision of this chapter or the application thereof to any person
or entity or circumstances is held invalid by a court of competent jurisdiction,
the remainder of this chapter and the application of such provisions to persons
or entities or circumstances other than those as to which it is held invalid
shall not be affected thereby. The powers conferred by this chapter shall
be in addition and supplemental to the powers conferred by any other law.