[Revised 10-2009]
[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]
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.
[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]
A.
All ordinances not contained in this Code are hereby repealed from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repealed.
B.
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.
C.
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.
D.
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.
E.
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.
In the construction of the Code, the following words and definitions
shall apply:
The Common Council of the Town of University Park.
[Amended 1-18-2022 by Ord. No. 21-O-09]
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.[1]
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]
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.
Any street, road, lane, alley, viaduct or bridge and the
approaches to them.
[Amended 1-18-2022 by Ord. No. 21-O-09]
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]
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.
[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.
[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.
[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.
A.
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]
B.
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
C.
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.
D.
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]
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
Each day that any violation of any provision of this Code continues
shall be a separate offense subject to additional infraction citations.
K.
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]
[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.
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.
[Added 9-14-2020 by Ord.
No. 20-O-07]
A.
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.
B.
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.
C.
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.
D.
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.
F.
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.
G.
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.