The Council shall have the power to pass all such rules, resolutions
and ordinances not contrary to the public general laws of Maryland
and the Constitution of Maryland and this Charter as it may deem necessary
for the good government of the city; for the protection and preservation
of the city's property rights and privileges; for the preservation
of peace and good order and for securing persons and property from
violence, danger or destruction; for the protection of the health,
comfort and convenience of the residents of Fruitland and visitors
and sojourners therein; for the promotion of and orderly development
and growth of the city and all of the areas included therein; for
the facilitation of the transportation of persons and property within
the city; and for the protection and development of the cultural aspects
of the city's life.
[Amended 8-8-1978 by Res. No. 2-1978]
A. The Council shall have the power to provide that violations of ordinances
and resolutions authorized by this Charter shall be punishable as
misdemeanors, unless specified in said ordinances as infractions,
and may affix thereto penalties of a fine not exceeding five hundred
dollars ($500.) or imprisonment for not exceeding ninety (90) days,
or both such fine and imprisonment. Any person subject to any fine,
forfeiture or penalty has the right of appeal within ten (10) days
to the Circuit Court of the county in which the fine, forfeiture or
penalty was imposed. The Council may provide that, if the violation
is of a continuing nature and is persisted in, a conviction for one
(1) violation shall not be a bar to a conviction for a continuation
of the offense subsequent to the first or any succeeding conviction.
B. Infractions.
(1) The Council may provide that violations of any municipal ordinance
shall be a municipal infraction unless that violation is declared
to be a felony or misdemeanor by the laws of the state or other ordinance.
For the purposes of this Article a municipal infraction is a civil
offense.
(2) A fine not to exceed one hundred dollars ($100.) may be imposed for
each conviction of a municipal infraction. The fine is payable by
the offender to the municipality within twenty (20) calendar days
of receipt of a citation. Repeat offenders may be assessed a fine
not to exceed two hundred dollars ($200.) for each repeat offense,
and each day a violation continues shall constitute a separate offense.
(3) Any person receiving a citation for an infraction may elect to stand
trial for the offense by notifying the city in writing of this intention
at least five (5) days prior to the date set for payment of the fine.
Failure to pay the fine or to give notice of intent to stand trial
may result in an additional fine or adjudication by the court.
(4) Adjudication of a municipal infraction is not a criminal conviction
for any purpose, nor does it impose any of the civil disabilities
ordinarily imposed by a criminal conviction.
All the powers of the city shall be exercised in the manner
prescribed by this Charter or, if the manner is not prescribed, then
in such manner as may be prescribed by ordinance.