As used in this chapter, the following terms
shall have the meanings indicated:
INFRACTION
Any violation of this Code, including a violation of Chapter
112, relating to zoning and land use, unless such violation is specifically declared to be a felony or a misdemeanor by law or ordinance. For purpose of this Code, an "infraction" is a civil offense, is not a criminal conviction for any purpose nor does it impose any of the civil disabilities ordinarily imposed by criminal conviction.
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.
A violation of any law of the City of Crisfield
specifically declared to be such. Unless otherwise specified, a "misdemeanor"
shall be punishable as provided in § C12-4A of the Charter.
A fine not to exceed $1,000 may be imposed for
each violation of a municipal infraction. The fine is payable by the
recipient of the citation to the municipality within 20 calendar days
of receipt of the citation.
If any person shall be found by the District
Court to have committed a municipal infraction:
A. Fines.
(1) The District Court shall order the person to pay the
fine, including any doubling of the fine, not to exceed the limits
set forth, above;
(2) The fines imposed shall constitute a judgment in favor
of the city; and
(3) If the fine remains unpaid for 30 days following the date of its entry, the judgment shall be enforceable in the same manner and to the same extent as other civil judgments for money unless the court has suspended or deferred the payment of the fine as provided under Subsection
B of this section.
B. The District Court may suspend or defer the payment
of any fine under conditions the court sets.
C. The person shall be liable for the cost of the proceedings
in the District Court.
D. The court may order the person to abate the infraction
or enter an order permitting the city to abate any such infraction
at the person's expense.
All fines, penalties or forfeitures collected
by the District Court for a municipal infraction shall be remitted
to the City General Fund.
If a defendant fails to pay any fine or cost
imposed by the District Court without good cause, the District Court
may punish the failure as contempt of court.
Adjudication of a municipal infraction, as defined in §
10-1 of this chapter, 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:
A. It shall be the burden of the city to prove that the
defendant has committed the infraction by clear and convincing evidence,
and in any such proceeding the District Court shall apply the evidentiary
standards as prescribed by law or rule for the trial of civil causes.
B. The District Court shall ensure that the defendant
has received a copy of the charges against the defendant and that
the defendant understands those charges.
C. The defendant shall be entitled to cross-examine all
witnesses who appear against the defendant, to produce evidence or
witnesses in the defendant's own behalf or to testify in the defendant's
own behalf, if the defendant elects to do so.
D. The defendant shall be entitled to be represented
by counsel of the defendant's own selection and at the defendant's
own expense.
E. The defendant may enter a plea of guilty or not guilty
of the infraction as charged, and the verdict of the District Court
shall be guilty of a municipal infraction or not guilty of a municipal
infraction, or the District Court may, before entering judgment, place
the defendant on probation.
F. The court costs in a municipal infraction proceeding
in which costs are imposed are $5; a defendant may not be liable for
payment to the Criminal Injuries Compensation Fund.
G. The State's Attorney for Somerset County is authorized
to prosecute a municipal infraction and is authorized to enter a nolle
prosequi in such cases or to place such cases in the stet docket.
H. Notwithstanding the foregoing, the city may designate
an attorney to prosecute any municipal infraction in the same manner
as the State's Attorney for Somerset County.