[HISTORY: Adopted by the Board of County Commissioners of Calvert County as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-28-2015 by Ord. No. 30-15]
As used in this article, the following terms shall have the meanings indicated:
- The school zone:
- An accredited public, parochial or private learning institution for one or more grades kindergarten through 12.
- SPEED MONITORING SYSTEM
- A device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above the posted speed limit.
A school zone is hereby designated upon that portion of each County road being 500 feet or less from the boundary of a school, measured upon the center line of the street. To the extent the State Highway Administration or a municipality located within Calvert County has previously designated a school zone, or designates a School Zone in the future, which is different from that set forth above, such State Highway Administration or municipality designations shall control.
In accordance with § 21-809 of the Transportation Article of the Maryland Annotated Code, the County may use and enforce citations issued from speed monitoring systems within school zones with a posted speed limit of at least 20 miles per hour within the County.
The Sheriff shall designate one or more deputies to review citations and operate the speed monitoring system, but may enter into an agreement to supply and maintain speed monitoring systems.
Appropriate training of the operators and calibration of the speed monitoring systems shall be provided as required by § 21-809 of the Transportation Article of the Maryland Annotated Code, as amended from time to time.
Reasonable notice of the use of speed monitoring systems shall be provided through advertisement in a newspaper of general circulation in Calvert County and the County's website at least 15 days prior to the activation of a speed monitoring system in a school zone for the first time or upon relocating a speed monitoring system to a school zone where one was not present immediately prior to the relocation. Additionally, signs indicating the use of speed monitoring systems shall be provided as required by § 21-809 of the Transportation Article of the Maryland Annotated Code, as amended from time to time.
A civil penalty in the amount of $40 per violation is hereby established, subject to an additional late fee of $20 if not paid within 30 days after the issuance of the citation. The penalty shall be paid to the Treasurer of Calvert County; except that, in a contested case before the District Court of Maryland, the penalty shall be collected by the District Court in accordance with § 7-302(a) of the Courts and Judicial Proceedings Article of the Maryland Annotated Code and § 21-809 of the Transportation Article of the Maryland Annotated Code and distributed in accordance with § 12-118 of the Transportation Article of the Maryland Annotated Code, as any of the foregoing may be amended from time to time.
Revenue received by the County from this safety for students program shall first be used to recover the costs of implementing and administering the safety for students program. Any remaining balance shall be used for public safety purposes as set forth in the annual budget adopted by the County Commissioners of Calvert County.
The official or employee designated to investigate and respond to questions or concerns about the speed monitoring system or a violation shall be the Administrative Assistant of the Administrative and Judicial Services Bureau, or such other person as may be appointed by the Sheriff (hereinafter referred to as the "local designee"), but who may not be employed by a speed monitoring system contractor or have been involved in any review of a speed monitoring system citation, other than review of a citation under this section.
The local designee shall review a citation generated by a speed monitoring system if the person who received the citation requests review before the deadline for contesting liability under the speed monitoring systems statute.
If the local designee determines that the citation is an erroneous violation, the local designee shall void the citation.
If the local designee determines that a person did not receive notice of a citation issued under this section due to an administrative error, the local designee may resend the citation in accordance with § 21-809 of the Transportation Article of the Maryland Annotated Code, as amended from time to time, or void the citation.
The local designee that takes any action described under Subsection D of this section shall notify the Administration of the action for the purpose of rescinding any administrative penalties imposed.
The local designee may not determine that a citation is an erroneous violation based solely on the dismissal of the citation by a court.
The program administrator, as required by Maryland Annotated Code, Transportation Article, § 21-809(b)(5), shall be the Sheriff's Commander of the Administrative and Judicial Services Bureau, or such other person as designated by resolution of the Board of County Commissioners from time to time, but who may not be an employee or representative of a speed monitoring system contractor.
The Sheriff, in consultation with other offices and departments of the County government, may develop further procedures, policies and regulations to implement this safety for students program in accordance with § 21-809 of the Transportation Article of the Maryland Annotated Code, as amended from time to time, and this article.