[HISTORY: Adopted by the Mayor and Council of the Town of Manchester 4-2-1979 by Ord. No. 1 (Ch. 8 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fines for misdemeanors — See Charter, § C12-3.
[Amended 8-12-2008 by Ord. No. 187]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
INFRACTION
Any violation of this Code, which violation has been specifically declared to be a municipal infraction; a civil offense.
MISDEMEANOR
A criminal offense, not amounting to a felony, arising from a violation of a provision of the Town Code or a law of this state, which violation is defined as a misdemeanor.
B. 
Unless otherwise specified, all violations of this Code shall be treated as infractions unless specifically declared to be misdemeanors.
[Amended 8-12-2008 by Ord. No. 187]
The Council shall by official act declare the violation of an ordinance to be an infraction or a misdemeanor, and for each such violation a specific fine shall be set. This fine shall not exceed $1,000. Each day a violation continues shall be a separate offense. The Town Administrator and the Town Zoning Administrator shall have the authority to declare infractions and set fines.
[Amended 8-12-2008 by Ord. No. 187]
Those Code Enforcement Officials authorized by the Council to enforce this Code may deliver a citation to any person alleged to be committing a violation. A copy of the citation shall be retained by the Town. The citation shall bear the certification of the enforcing official attesting to the truth of the matter set forth in the citation and shall contain, at a minimum, the following information:
A. 
Name and address of the person charged;
B. 
The nature of the infraction;
C. 
The location and time that the infraction occurred or was observed;
D. 
The amount of the infraction fine assessed;
E. 
The manner, location, and time in which the fine may be paid to the Town;
F. 
The right of the accused to stand trial for the infraction; and
G. 
The effect of failing to pay the assessed fine or demand a trial within the prescribed time.
The fine for an infraction shall be as specified in the law 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 of 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 infraction.
A person receiving the citation for an infraction may elect to stand trial for the offense by notifying the Town, in writing, of his/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/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 infractions shall be remitted to the general fund of the Town.
If a person receiving a 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/her intention to stand trial for the offense, a formal notice of the infraction shall be sent to the offender's last known address. If the citation has not been satisfied within 20 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. The accused shall have the right to cross-examine witnesses against him/her, to testify or introduce evidence in his/her own behalf and to be represented by an attorney of his/her own selection and at his/her own expense.