Town of University Park, MD General Provisions

The ordinances embraced in this and the following chapters shall, as revised, codified and consolidated into chapters and sections by General Code, as set forth in the Derivation Table included at the end of the Code, and as renumbered to consist of Chapters 1 through 16, are hereby approved, adopted, ordained and enacted as the "Code of the Town of University Park" hereafter referred to as the "Code." 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 new enactments.

§ 1-102 Ordinances repealed and their effect.

[Amended 11-2-2020 by Ord. No. 20-O-11; 4-5-2021 by Ord. No. 21-O-01; 1-18-2022 by Ord. No. 21-O-09]

All ordinances not contained in this Code are hereby repealed from and after the effective date of this Code.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affect any suit, prosecution, or proceeding pending at the time of repeal for an offense committed under the ordinances repealed.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 compiling and preparing the ordinances and Code for publication as the 2020 Code of the Town of University Park, no changes in the meaning or intent of such legislation have been made. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. Chapters, articles and sections have been renumbered, including all internal references and cross-references. It is the intention of the Mayor and Common Council of the Town of University Park that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such. The ordinances and resolutions specified in this subsection are recognized as continuing in full force and effect to the same extent as if set out at length herein.

The provisions of this Code, insofar as they are substantively the same as those of ordinances and the Code in force immediately prior to the enactment of this Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Mayor and Common Council of the Town of University Park, and it is the intention of said Mayor and Common Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:

(1)

Any ordinance or resolution promising or guaranteeing the payment of money for the Town or authorizing issuance of any bond of the Town or any evidence of the Town's indebtedness;

(2)

Any appropriation ordinance or resolution providing for the levy of taxes or an annual budget;

(3)

Any ordinance or resolution approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument; and

(4)

Any ordinance relating to the salaries of Town officers or employees.

For purposes of transition from the Code in force immediately prior to this Code, any reference to a chapter or section number from the prior Code on or in any form, license, permit, ticket or other Town of University Park document shall be deemed to refer to the corresponding chapter or section in this Code until such form, license, permit, ticket or other Town document is revised or reprinted to refer to the numbering in this Code.

§ 1-103 Definitions.

In the construction of the Code, the following words and definitions shall apply:

COUNCIL

The Common Council of the Town of University Park.

[Amended 1-18-2022 by Ord. No. 21-O-09]

COUNTY

Prince George's County, Maryland.

OWNER

(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.

PERSON

A corporation, company, firm, partnership, association, governmental agency, or society as well as a natural person.[1]

RIGHT-OF-WAY

The entire width between abutting property lines, including the curb, gutter, sidewalk, and bridges, and the approaches to them.

[Added 1-18-2022 by Ord. No. 21-O-09]

SIDEWALK

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.

STATE

The State of Maryland.

STREET

Any street, road, lane, alley, viaduct or bridge and the approaches to them.

[Amended 1-18-2022 by Ord. No. 21-O-09]

TENANT

Any person who occupies the whole or part of a building or land in return for rent or other thing of value.

[Amended 1-18-2022 by Ord. No. 21-O-09]

TOWN

The Town of University Park, Maryland.

[1]

Editor's Note: The former definition of "public ways," which immediately followed, was repealed 1-18-2022 by Ord. No. 21-O-09.

§ 1-104 Construction: gender, singular, and plural.

[Amended 1-18-2022 by Ord. No. 21-O-09]

Reference to one gender shall extend to and be applied to all genders. Reference to a singular number only shall extend and be applied to several persons or things as well as to one person or thing. Reference to the plural number only shall extend and be applied to one person or thing as well as to several persons or things.

§ 1-105 General penalty.

[Amended 1-18-2022 by Ord. No. 21-O-09]

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 $1,000 or imprisonment for 60 days , or both, in the discretion of the court or trial magistrate.

The aggrieved party shall have the right of appeal as is provided under the general laws of the State.

Each day that any violation of an ordinance continues constitutes a separate offense.

§ 1-105.1 Enforcement.

[Amended 1-18-2022 by Ord. No. 21-O-09]

The Mayor and Common Council may authorize the Town Attorney or any other qualified 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 and the Code 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.

§ 1-106 Municipal Infractions.

Unless state law classifies a violation as a criminal offense, the Town may provide that a violation of this Code is a municipal infraction. A violation of any provisions of this Code shall be considered a municipal infraction unless declared to be misdemeanor by law or ordinance. A municipal infraction is a civil offense.

[Amended 1-18-2022 by Ord. No. 21-O-09]

A police officer employed by the Town of University Park or Prince George's County, 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:

[Amended 1-18-2022 by Ord. No. 21-O-09]

(1)

Name and address of the person charged;

(2)

The nature of the infraction;

(3)

The location and time that the infraction occurred;

(4)

The amount of the infraction fine assessed;

(5)

The manner, location and time in which the fine may be paid to the municipality;

(6)

The person's right to elect to stand trial for the infraction; and

(7)

The effect of failing to pay the assessed fine or demand a trial within the prescribed time; and

(8)

The enforcement officer's certification.

(a)

Attesting to the truth of the matters set forth in the citation; or

(b)

That the citation is based on an affidavit.

The citation shall be served on the defendant;

(1)

In accordance with Rule 3-121 of the Maryland Rules; or

(2)

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:

(a)

Regular mail to the defendant's last known address;

(b)

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 $50. The fine for each repeated violation of any Code provision shall be double the fine for the initial infraction, not to exceed $1,000.

[Amended 1-18-2022 by Ord. No. 21-O-09]

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:

(1)

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;

(2)

The person shall be liable for the costs of the proceedings in the District Court; and

(3)

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

(4)

The fines imposed shall constitute a judgment in favor of the Town; and

[Amended 1-18-2022 by Ord. No. 21-O-09]

(5)

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:

(1)

Regular mail to the defendant's last known address; or

(2)

Any other means that are reasonably calculated to bring the bill to the defendant's attention.

(3)

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 Prince George's County.

[Amended effective 2-12-1995; 1-18-2022 by Ord. No. 21-O-09]

§ 1-107 Misdemeanor for failure to give identification when requested by a police officer.

[Effective 4-8-1984]

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.

§ 1-108 Severability.

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.

§ 1-109 Exemption from county legislation.

[Added 9-14-2020 by Ord. No. 20-O-07]

Except as provided in this section, the Mayor and Common Council hereby exempt the Town of University Park, a municipal corporation, from all legislation heretofore or hereafter enacted by Prince George's County, Maryland, relating to any subject upon which the Mayor and Common Council of the Town have heretofore been or are hereafter granted legislative authority either by public general law or by the Town Charter.

The foregoing exemption shall not repeal or prohibit any Town ordinance that specifically adopts or incorporates by reference any county legislation, and such county legislation adopted or incorporated by the Town Code as of _____ or adopted or incorporated by reference into the Town Code in the future shall have full force and effect to the extent provided in the Town ordinance adopting or incorporating the same.

The following chapters of the Prince George's County Code, as amended, or portions thereof, enacted by Prince George's County, as they now exist and as may hereafter be amended, are exceptions to the general exemption set forth in Subsection A above, and shall be applicable within the Town until such time as the Mayor and Common Council shall duly exempt the Town from their application:

(1)

Subtitle 1, General Provisions, shall apply within the Town only to the extent that such application is necessary to effectively implement other county laws that apply within the Town.

(2)

Subtitle 2, Administration, shall apply within the Town only to the extent that such application is necessary to effectively implement other county laws that apply within the Town.

(3)

Subtitle 3, Animal Control.

(4)

Subtitle 4, Building.

(5)

Subtitle 5, Businesses and Licenses, with the exception of Division 8, Short-Term Rentals.

(6)

Subtitle 6, Emergency Management.

(7)

Subtitle 7, Court System.

(8)

Subtitle 9, Electricity.

(9)

Subtitle 10, Finance and Taxation.

(10)

Subtitle 11, Fire Safety, with the exception of Sec. 11-293.

(11)

Subtitle 12, Health.

(12)

Subtitle 13, Housing and Property Standards, Division 6, Division 9A, Division 12, Division 12A, and Division 13 only.

(13)

Subtitle 17, Plumbing and Gas Fitting.

(14)

Subtitle 18, Police.

(15)

Subtitle 19, Pollution.

(16)

Subtitle 20, Taxicabs and Limousines.

(17)

Subtitle 20A, Transportation.

(18)

Subtitle 21, Refuse.

(19)

Subtitle 22, On-Site Sewage Disposal Systems.

(20)

Subtitle 23, Roads and Sidewalks.

(21)

Subtitle 24, Subdivisions.

(22)

Subtitle 24A, Television and Radio Equipment Repair.

(23)

Subtitle 25, Trees and Vegetation.

(24)

Subtitle 26, Vehicles and Traffic.

(25)

Subtitle 26A, Motor Vehicle Repair.

(26)

Subtitle 27, Zoning.

(27)

Subtitle 27A, Urban Centers and Corridor Nodes Development and Zoning Code.

(28)

Subtitle 29, Preservation of Historic Resources.

(29)

Subtitle 32, Water Resources Protection and Grading Code.

Notwithstanding any of the foregoing, county legislation shall apply within the Town where:

(1)

Legislation is enacted by Prince George's County Council sitting as a board of health for Prince George's County pursuant to state law.

(2)

A law or regulation as enacted by Prince George's County, Maryland, involving county revenue or taxation pursuant to the provisions of the Tax-General or Tax-Property articles of the Annotated Code of Maryland, as amended, or legislation adopting the county budget.

(3)

A law enacted by the General Assembly so provides.

Prince George's County, Maryland, is hereby requested to enforce the chapters described in Subsections C and D within the Town as county laws to the same extent and in the same manner that such county laws are enforced in unincorporated areas of the county.

Whenever county and Town legislation apply within the Town on the same subject matter, they shall be construed together in such manner as to both be effective within the Town. Notwithstanding the provisions of Subsection C of this section, whenever a conflict exists between a provision of the Town Code and a county law which applies within the Town as a county law, the Town Code provision shall supersede the conflicting county law. Nothing contained in Subsection C shall be deemed to repeal or otherwise affect any Town ordinance.

Nothing contained in this section shall limit or otherwise affect the Town's authority, whether exercised previously or in the future, to request the enforcement of Town legislation in whole or in part by Prince George's County and to enter into agreements providing for the same.