[HISTORY: Adopted by the Commissioners of the Town of Ridgely 4-3-2017 by Ord. No. 376. Amendments noted where applicable.]
This chapter shall provide that violations of the Town's
ordinances and resolutions shall be, in certain cases, deemed to be
misdemeanors or municipal infractions and punishable as set forth
herein.
As used in this chapter, the following terms shall have the
meanings indicated:
A person against whom a citation for a municipal infraction
has been issued.
A violation of any chapter of the Town Code which has been
designated as a "misdemeanor" by the Commissioners and which is classified
as a criminal offense under state law. A misdemeanor shall be deemed
a criminal offense.
A violation of any chapter of the Town Code which has been
designated as a "municipal infraction" by the Commissioners or which
has been designated as a "misdemeanor" by the Commissioners but is
not classified as a criminal offense under state law. A municipal
infraction shall be deemed a civil offense.
Any individual, group of individuals, organization, firm,
partnership, corporation, government unit, or any entity of any kind.
A recurring violation of the same chapter of the Town Code
by the same person.
A.
Citations for municipal infractions shall be served by any official
authorized by the Commissioners to act as an enforcement officer on
a person who the official believes is or has committed a municipal
infraction; or on the basis of an affidavit that cites the facts of
the alleged municipal infraction and is submitted to a designated
official of the Town.
B.
Citations for municipal infractions shall be served in accordance
with § 6-103(b) of the Local Government Article of the Annotated
Code of Maryland and contain the information required by § 6-103(c)
of the same Article, both as amended from time to time.
Unless expressly authorized in the chapter under which a municipal
infraction is alleged to have occurred, the issuance of a citation
for a municipal infraction is not appealable to any Town board or
commission. The only redress available upon the issuance of a citation
shall be as set forth in § 6-101, et seq., of the Local
Government Article of the Annotated Code of Maryland, as amended from
time to time. This provision shall not prevent a defendant from requesting,
either personally or through an attorney, additional information concerning
the municipal infraction.
The pre-trial and trial process and procedures set forth in
§ 6-101 et seq., of the Local Government Article of the
Annotated Code of Maryland shall apply to all citations for municipal
infractions for which the fine is not paid by the date set forth in
the citation.
A.
Unless otherwise specifically enumerated in the relevant chapter
of the Town Code, any person who commits a municipal infraction shall
be deemed to have committed a municipal infraction and shall be subject
to a fine not to exceed $1,000.
B.
The fine is payable by the recipient of the citation to the Town
within 30 calendar days of receipt of the citation.
C.
Unless otherwise provided, each twenty-four-hour period in which
a violation(s) exists shall constitute a separate violation and shall
be subject to the issuance of a separate citation and a separate fine.
D.
The following schedule of fines shall be set for each municipal infraction,
depending upon the class specified:
|
Initial Violation
|
Repeated Violation
| |
|---|---|---|
|
Class A
|
$500
|
$1,000
|
|
Class B
|
$400
|
$800
|
|
Class C
|
$300
|
$600
|
|
Class D
|
$200
|
$400
|
|
Class E
|
$100
|
$200
|
The proceedings for municipal infractions shall be subject to
the requirements of § 6-101 et seq., of the Local Government
Article of the Annotated Code of Maryland. Should any section of this
Chapter conflict with any section of § 6-101 et seq., of
the Local Government Article of the Annotated Code of Maryland, the
applicable section of state law shall be deemed to control.
A violation of any chapter of the Town Code which has been designated
a misdemeanor by the Commissioners shall be subject to prosecution
in accordance with the criminal laws of the state.
Notwithstanding the provisions of this chapter or any other
section of the Charter or Town Code, alternative remedies such as
injunction, mandamus, or other appropriate forms of relief to enforce
provisions of local law shall be effective as may be provided by law.
