The ordinances embraced in this and the following chapters shall constitute and be designated as the Code of the Town of University Park. Those provisions appearing in this Code so far as they are the same as those of preceding Codes and ordinances shall be continuations of those Codes and ordinances and not as new enactments.
All ordinances not contained in this Code are hereby repealed from and after the effective date of this Code. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor shall it affect any suit, prosecution, or proceeding pending at the time of repeal for an offense committed under the ordinances repealed.
In the construction of the Code, the following words and definitions shall apply:
- The Common Council of the Town of University Park, Maryland.
- Prince George's County, Maryland.
- (Applied to a building or land) Any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.
- A corporation, company, firm, partnership, association, governmental agency, or society as well as a natural person.
- PUBLIC WAYS
- Any street, alley, curb, gutter, sidewalk, or bridge in the Town.
- Any portion of a street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.
- The State of Maryland.
- The entire width between abutting property lines including the sidewalk or footpath unless otherwise specified, such as public avenues boulevards, highways, roads, alleys, lanes, viaducts, and bridges, and the approaches to them.
- Any person who occupies the whole or part of a building or land.
- The Town of University Park, Maryland.
Every word in this Code importing the masculine gender shall extend to and be applied to females as well as males. Every word importing the singular number only shall extend and be applied to several persons or things as well as to one person or thing. Every word importing the plural number only shall extend and be applied to one person or thing as well as to several persons or things.
Every act or omission which, by ordinance, is made a misdemeanor under this Code, unless otherwise provided, shall be punishable upon conviction before any judge of the district court or circuit court for the County within which the offense was committed. The fine shall not exceed $100 or imprisonment for 90 days in the County jail, or both, in the discretion of the court or trial magistrate.
The Mayor and Common Council may authorize the Town Attorney or any other person to take necessary and appropriate legal action to prevent or abate violations of the Code of ordinances of the Town of University Park or nuisances, as defined by common law, Section 81-15 of the Town of University Park. Such action shall be in addition to any penalty imposed by the provisions of the Code of Ordinances of the Town of University Park for such violations or nuisances.
A violation of any provisions of this Code shall be considered a municipal infraction unless declared to be a felony or misdemeanor by law or ordinance. A municipal infraction is a civil offense.
A police officer employed by the Town of University Park, deputy sheriff of the Prince George's County Sheriff's Department, or other officials authorized to act as enforcement officers, may serve a citation on any person whom they believe is committing, or has committed a municipal infraction or on the basis of an affidavit submitted to an appropriate official of the Town, citing the facts of the alleged infraction. A copy of the citation shall be retained by the enforcement office. The citation shall contain:
Name and address of the person charged;
The nature of the infraction;
The location and time that the infraction occurred;
The amount of the infraction fine assessed;
The manner, location and time in which the fine may be paid to the municipality;
The person's right to elect to stand trial for the infraction; and
The effect of failing to pay the assessed fine or demand a trial within the prescribed time; and
The citation shall be served on the defendant;
In accordance with Rule 3-121 of the Maryland Rules; or
For real property-related violations, if proof is made by affidavit that good faith efforts to serve the defendant under Rule 3-121(a) of the Maryland Rules have not succeeded by:
Regular mail to the defendant's last known address;
Posting of the citation at the property where the infraction has occurred or is occurring, and, if located within the municipality in which the infraction has occurred or is occurring, at the residence or place of business of the defendant.
A fine not to exceed $1,000 may be imposed for each municipal infraction. The fine is payable by the person charged in the citation to the Town within 20 calendar days of service the citation. Unless otherwise provided in this Code for specific violations or by the Mayor and Common Council by resolution, the fine for an initial infraction shall be $25. The fine for each repeated violation of any Code provision shall be double the fine for the initial infraction, not to exceed $1,000.
If a citation is served without a summons, a person charged in the citation for a municipal infraction may elect to stand trail for the infraction by notifying the Town in writing of the person's intent to stand trial. The written notice shall be given at least five days prior to the date of payment as set forth in the citation. Upon receipt of the written notice of the intent to stand trail, the Town shall forward to the District Court having venue a copy of the citation and the written notice. Upon receipt of the citation and the written notice, the District Court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties, or forfeitures collected by the District Court for violations of municipal infractions shall be remitted to the Town.
If a person charged in a citation fails to pay the fine by date of payment set forth on the citation and fails to deliver to the Town the written notice of intent to stand trial, the person is liable for the assessed fine. The Town may double the fine to an amount not to exceed $1,000 and request adjudication of the case through the District Court, including the filing of a demand for judgment on affidavit. The District Court shall promptly schedule the case for trial and summons the defendant to appear. If the defendant fails to respond to such summons the Town may request entry of judgment against the defendant in favor of the Town in the amount then due if proper demand for judgment on affidavit is made.
An enforcement officer may also serve a summons with a citation that requires the person to appear in District Court on a specified date and time. The summons shall specify that the person is not required to appear in District Court if the fine is paid as provided in the citation. The enforcement officer shall coordinate the selection of court dates with the appropriate District Court official. If the defendant fails to pay the fine as provided in the summons, the Town may double the fine to an amount not to exceed $1,000 and request the Court to enter judgment against the defendant in the amount then due if the proper demand for judgment on affidavit has been made.
If any person shall be found by the District Court to have committed a municipal infraction:
The Town may request the District Court to order the person to pay the fine, including any doubling of the fine, not to exceed the limits under Subsection D of this subsection;
The person shall be liable for the costs of the proceedings in the District Court; and
The Town may request the court to order the person to abate the infraction or enter an order permitting the Town to abate any such infraction at the person's expense; and
The fines imposed shall constitute a judgement in favor of the Town; and
If the fine remains unpaid for 30 days following the date of its entry, the Town may enforce the judgement in the same manner and to the same extent as other civil judgments for money unless the court has suspended or deferred the payment of the fine.
If the Town abates an infraction pursuant to an order of the District Court, the Town shall present the defendant with a bill for the cost of abatement by:
Regular mail to the defendant's last known address; or
Any other means that are reasonably calculated to bring the bill to the defendant's attention.
If the defendant does not pay the bill within 30 days after presentment, the Town may move the District Court to enter a judgment against the defendant for the cost of the abatement.
Each day that any violation of any provision of this Code continues shall be a separate offense subject to additional infraction citations.
The Town may designate the attorney to prosecute any municipal infraction in the same manner as the State's Attorney of any county.
[Amended effective 2-12-1995]
It is a misdemeanor for an individual to refuse to identify himself or herself when requested by a police officer seeking to issue a citation. Where a person refuses to provide identification as set forth in this section, a violation of any section of this Code which the police officer is seeking to enforce will be treated as a misdemeanor rather than an infraction.
If any section or part of a section of this Code is held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of the Code, nor the context of its parts, except to the extent that the section or part held invalid may be inseparably connected in meaning and effect with the section or part of section to which such holdings apply.