[HISTORY: Adopted by the Mayor and Town Council of the Town
of Edmonston 2-10-1997 by Ord.
No. 96-002 (Ch. 26 of the 1997 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A criminal offense, not amounting to a felony, arising from
a violation of a law of the state, which violation is defined as a
misdemeanor, or arising from a violation of an ordinance of the Town
which is designated as a misdemeanor. All violations of this Code
shall be treated as misdemeanors unless specifically declared to be
infractions.
Any violation of this Code, which violation has been specifically
declared to be an infraction. For purposes of this Code, an infraction
is a civil offense.
The Council shall, by official act, declare the violation of which ordinance or ordinances the violation of which shall be an infraction or infractions, and, for each such violation, a specific fine shall be set. This fine shall not exceed $1,000 for each infraction and for each repeat or continuous violation. The fine shall be expressed as a discrete amount rather than being expressed in terms of a maximum or minimum amount. The Mayor and Town Council is authorized by Article 23A Corporations-Municipal, § 3, Violations of ordinances and resolutions,[1] of the Annotated Code of Maryland to declare that violations
of municipal ordinances are infractions and to set fines for the violation
thereof. These powers shall not be delegated by the Council to any
other administrative or legislative body.
[1]
Editor's Note: See now Local Government Article, Title 6.
Those officials authorized by the Council to enforce this Code
may deliver a citation to any person whom they adjudge to be committing
an infraction or on the basis of an affidavit submitted to an appropriate
official of the Town setting forth the facts of the alleged violation.
The Code Enforcement Officer shall serve a citation in accordance
with Maryland Rule § 3-121, 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; and by posting of the citation at the property where
the infraction has occurred or is occurring, and, if located within
the Town, at the residence or place of business of the defendant.
A copy of the citation shall be retained by the Town and shall bear
the certification of the enforcing official attesting to the truth
of the matter set forth in the citation. The citation shall contain
at a minimum for following information:
A.
The name and address of the person charged.
B.
The nature of the infraction.
C.
The location and time that the infraction occurred or was observed.
D.
The amount of the infraction fine assessed.
E.
The manner, location and time in which the fine may be paid to the
Town.
F.
The right of the accused to stand trial for the infraction.
G.
The effect of failure to pay the assessed fine or to demand a trial
within the prescribed time.
H.
The issuing authority's certification attesting to the truth
of the matter set forth in the citation.
The fine for an infraction shall be as specified in the law
violated. The fine is payable by the recipient of the citation to
the Town within 20 calendar days of receipt of the citation.
The Town shall not conduct any formal hearing for those persons
in receipt of a citation of infraction. Any offender so cited may
pay the fine as indicated in the citation or elect to stand trial
for the offense. This provision shall not prevent an offender from
requesting, either personally or through an attorney, additional information
concerning the infraction.
A person receiving the citation for an infraction may elect
to stand trial for the offense by notifying the Town, in writing,
of his intention to stand trial. The notice shall be given at least
five days prior to the date of payment as set forth in the citation.
Upon receipt of the notice of the intention to stand trial, the Town
shall forward to the District Court having venue a copy of the notice
from the person who received the citation indicating his intention
to stand trial. Upon receipt of the citation, 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 infractions shall be remitted to the general
fund of the Town.
If a person receiving a citation for an infraction fails to
pay the fine for the infraction by the date of payment set forth on
the citation and fails to file a notice of his intention to stand
trial for the offense, 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 summon the defendant
to appear. The defendant's failure to respond to such summons
shall result in the entry of judgment against the defendant in favor
of the Town and the amount then due if a proper demand for judgment
on affidavit has been filed.
A.
Conviction of a municipal infraction, whether by the District Court
or by payment of the fine to the Town, is not a criminal conviction
for any purpose, nor does it impose any of the civil disabilities
ordinarily imposed by a criminal conviction.
B.
If any person shall be found by the District Court to have committed
a municipal infraction:
(1)
The person shall be required to pay the fine determined by the District Court, not to exceed the limits set forth in § 110-2 of this chapter;
(2)
The person shall be liable for the cost of the proceeding in the
District Court; and
(3)
The fine imposed shall constitute a judgment in favor of the Town
and, if it remains unpaid for 30 days following the date of entry,
shall be enforceable in the
same manner as other civil judgments.
C.
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 in accordance with Article 23A, § 3,[1] of the Annotated Code of Maryland. If the defendant does
not pay the bill within 30 days after presentment, upon a motion by
the Town, the District Court shall enter a judgment against the defendant
for the cost of the abatement.
[1]
Editor's Note: See now Local Government Article, Title 6.
In any proceeding for a municipal infraction, the accused shall
have the same rights as for the trial of criminal cases, except that
the accused shall not have the right to invoke the protections of
the double jeopardy clause of the Fifth Amendment to the United States
Constitution as a defense to subsequent prosecutions. He/she shall
have the right to cross-examine witnesses against him/her, to testify
or introduce evidence in his own behalf and to be represented by an
attorney of his own selection and at his own expense.
