[Adopted as Ch. XVII of the 1978 Code; amended in its entirety 3-4-1991 by Ord. No. 2-1-91 (Ch. 1, Art. IV, of the 1991 Code)]
A. 
Unless otherwise provided for in § 1-6 or in any other section of this Code, any person, corporation, firm, partnership or association violating any chapter or article or section or part thereof of the ordinances of the Town of Indian Head shall be guilty of a misdemeanor and shall be subject to a fine not exceeding $1,000 or imprisonment in the county jail for not more than six months, or both such fine and imprisonment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
Each day's violation of any chapter, article, section or part thereof shall constitute a separate offense, and penalties may be exacted for each day's violation.
A. 
Designation of municipal infractions.
(1) 
A "municipal infraction" is any violation of any provision of the Code of the Town of Indian Head, hereinafter referred to as "this Code," which violation has been specifically declared by the Town Council of Indian Head to be a municipal infraction.
(2) 
For purposes of this Code, a municipal infraction is a civil offense, and a finding of guilt thereof is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.
B. 
Fines.
[Amended 2-2-2004 by Ord. No. 2-1-04]
(1) 
The Town Council may, by ordinance, declare which violations shall constitute municipal infractions and may set specific fines which may be imposed for such infractions.
(2) 
The fines set by the Town Council for municipal infractions shall be specific amounts not to exceed $1,000 for each initial violation and $1,000 for each day thereafter that the violation continues.
(3) 
If the Town Council does not establish a specific fine for a particular infraction, the fine for that infraction shall be $200 for each initial violation and $200 for each day thereafter that the violation continues.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(4) 
Unless otherwise provided, each day a violation continues shall constitute a separate and distinct violation.
C. 
Issuance of citation.
(1) 
Authorized code enforcement officials may deliver a citation to any person alleged to be committing or to have committed a municipal infraction. A copy of the citation shall be retained by the Town and shall bear the certification of the issuing official attesting to the truth of the matter set forth in the citation.
(2) 
The citation shall contain the following information:
(a) 
The name and address of the person charged.
(b) 
The nature of the municipal infraction.
(c) 
The code or ordinance provision being violated.
(d) 
The location and time that the municipal infraction occurred or was observed.
(e) 
The amount of the fine assessed for the municipal infraction.
(f) 
The manner, location and time in which the fine may be paid to the Town.
(g) 
The right of the recipient of the citation to elect to stand trial for the municipal infraction.
(h) 
The effect of failing to pay the assessed fine or to demand a trial within the prescribed time.
D. 
Payment of fine. Payment of the fine imposed by a citation for a municipal infraction shall be paid to the Town Finance Officer, Town Hall, Indian Head, Maryland, within 20 calendar days of receipt of the citation, unless there is an election to stand trial no later than 15 days from the receipt of the citation.
E. 
Election to stand trial.
(1) 
A person receiving a citation for a municipal infraction may elect to stand trial for the offense by notifying the Town of said person's intention to stand trial for the municipal infraction. The notice shall be given, in writing, at least five days prior to the date of payment, as set forth in the citation.
(2) 
Upon receipt of a timely notice of 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 the 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.
F. 
Failure to pay fine or elect to stand trial.
(1) 
If a person receiving a citation for a municipal infraction fails to pay the fine imposed for the infraction by the date of payment set forth on the citation and fails to timely file a notice of intention to stand trial for the offense, a formal notice shall be sent to the offender's last known address, demanding payment. In the event that the citation has not been satisfied within 15 days of the date of this notice, the offender shall be obligated to pay a sum equivalent to twice the amount of the original penalty amount. In no case shall the amount exceed the maximum established in Subsection B(2).
(2) 
If, after 35 days from the issuance of the notice, the citation has not been satisfied, the Town may request adjudication of the case through the District Court. The District Court shall thereupon promptly schedule the case for trial and summon the defendant (the offender) to appear.
G. 
Court proceedings.
(1) 
Court proceedings for a municipal infraction shall be governed by the provisions of § 6-104 of the Local Government Article of the Annotated Code of Maryland, as amended, relating to municipal infractions, said provisions being hereby incorporated by reference as if fully set forth herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2) 
Any person found by the District Court to have committed a municipal infraction shall be required to pay the fine imposed by the citation, including any additional fine imposed by Subsection F hereof. Such person shall also be liable for the cost of the court proceedings.
(3) 
All fines, penalties or forfeitures collected by the District Court for municipal infractions shall be remitted to the Town.
H. 
Enforcement officer. Unless expressly stated to the contrary in an ordinance carrying a municipal infraction penalty, the Indian Head Town Manager and the Charles County Sheriff's Department shall be responsible for the enforcement of municipal infractions.
I. 
Conflict with the Local Government Article of the Annotated Code of Maryland. In any case where a provision of this article conflicts with a mandatory provision of § 6-104 of the Local Government Article of the Annotated Code of Maryland, as amended, the provisions of the Local Government Article shall prevail and shall be incorporated herein as if expressly set forth.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
J. 
Enumeration of Code provisions to which this section is applicable.
(1) 
Chapter 170, Building Construction, Article I, Building Code.
[Added 11-6-2006 by Ord. No. 10-3-06]
(2) 
Chapter 170, Building Construction, Article III, One- and Two-Family Dwelling Code.
[Added 11-6-2006 by Ord. No. 10-4-06]
(3) 
Chapter 170, Building Construction, Article IV, Electrical Code.
[Added 11-6-2006 by Ord. No. 10-1-06]
(4) 
Chapter 170, Building Construction, Article V, Plumbing Code.
[Added 11-6-2006 by Ord. No. 10-6-06]
(5) 
Chapter 170, Building Construction, Article VI, Mechanical Code.
[Added 11-6-2006 by Ord. No. 10-2-06]
(6) 
Chapter 170, Building Construction, Article VII, Existing Building Code.
[Added 11-6-2006 by Ord. No. 10-9-06]
(7) 
Chapter 170, Building Construction, Article VIII, Energy Conservation Code.
[Added 11-6-2006 by Ord. No. 10-8-06]
(8) 
Chapter 170, Building Construction, Article IX, Fuel Gas Code.
[Added 11-6-2006 by Ord. No. 10-7-06]
(9) 
Chapter 170, Building Construction, Article X, Fire Code.
[Added 11-6-2006 by Ord. No. 10-10-06]
(10) 
Chapter 245, Health and Sanitation.
(11) 
Chapter 330, Property Maintenance and Housing Standards.
[Amended 11-6-2006 by Ord. No. 10-5-06]
(12) 
Chapter 410, Vehicles, Abandoned.
(13) 
Chapter 394, Taxation, Article V, Hotel Tax.
[Added 5-6-2024 by Ord. No. 04-01-24]