[HISTORY: Adopted by the Board of County Commissioners of
Calvert County 6-14-2011 by Ord. No. 18-11. Amendments noted where
applicable.]
The regulations promulgated by the Maryland Department of the
Environment in Title 26, Subtitle 02, Chapter 03, of the Code of Maryland
Regulations, as amended from time to time, are hereby adopted as the
Noise Control Ordinance for Calvert County, with the insertions, additions,
deletions, and changes indicated below.
The Office of the County Attorney is designated to represent
the interests of the County and to prosecute civil violations under
this chapter.
Modifications to COMAR 26.02.03:
A.
Regulation 26.02.03.01B(9): Amend to read as follows:
(9)
"Department" means the Office of the Sheriff of
Calvert.
B.
Regulation 26.02.03.03B(4): Delete in its entirety.
C.
Regulation 26.02.03.03C(5): Delete "Secretary" and insert "Sheriff."
D.
Regulation 26.02.03.05: Amend to read as follows:
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.05
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Enforcement and Penalties.
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A.
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The chapter shall be enforced by sworn officers of the Office
of the Sheriff of Calvert County, Maryland, and/or by the Calvert
County Department of Planning and Zoning.
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B.
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A violation of this chapter is a civil infraction and shall
be subject to a fine of up to $1,000 for the first violation and up
to $10,000 for each subsequent violation.
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C.
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Whenever the enforcement officer determines that a of this chapter
has occurred, the enforcement officer may deliver a citation to a
person whom the official determines has violated the provisions of
this chapter. A copy of the citation shall be retained by the enforcement
officer and shall bear the official's certification attesting
to the truth of the matter set forth in the citation.
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D.
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The citation shall also contain:
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(1)
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Name and address of the defendant;
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(2)
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The nature of the infraction, including the section of this
chapter alleged to have been violated;
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(3)
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The location and time that the infraction occurred;
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(4)
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The amount of the infraction fine assessed;
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(5)
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The manner, location, and time in which the fine may be paid
to the county; and
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(6)
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The defendant's right to elect to stand trial for the infraction.
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E.
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The defendant may pay the fine to the Calvert County Treasurer
within 20 calendar days of receipt of the citation.
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F.
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For each repeat offense, the officer may assess against the
defendant a fine not to exceed $10,000.
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G.
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A defendant may elect to stand trial for the offense by notifying
the county of the defendant's intention to stand trial.
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(1)
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The defendant shall give the notice at least five days prior
to the date payment is due.
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(2)
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Upon receipt of the notice of the intention to stand trial,
the county shall forward to the District Court having venue a copy
of the citation.
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(3)
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Upon receipt of the citation, the District Court shall schedule
the case for trial and notify the defendant of the trial date.
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H.
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If a defendant fails to file a notice of intention to stand
trial for the offense within the time required by Subsection G(1)
of this section, and fails to pay the fine for the infraction by the
date of payment in the citation, the county shall send a formal notice
of the infraction to the defendant's last known address.
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I.
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If the citation has not been satisfied within 15 days from the
date of the notice, the county shall assess an additional fine not
to exceed twice the original fine.
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J.
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If after 35 days the citation has not been satisfied, the county
may request adjudication of the case through the District Court.
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K.
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Upon receipt of a request from the county, the District Court
shall promptly schedule the case for trial and summons the defendant
to appear.
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L.
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In addition to the foregoing penalty, the county may seek any
other remedies available at law or in equity.
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