[Adopted as Ch. X of the 1990 Code of Ordinances]
As used in this article, the following terms shall have the meanings indicated:
- The violation of any ordinance, code or state statute provision which has been deemed to be a criminal offense not amounting to a felony and which has not been specifically declared to be a municipal infraction.
- MUNICIPAL INFRACTION
- A civil offense which results in the violation of any ordinance or code provision specifically declared to be punishable as a municipal infraction and not otherwise deemed to be a criminal offense under state or county law.
The violation of any Town of North Brentwood Code provision not specifically declared to be punishable as a municipal infraction may be evidenced by the issuance of a notice of violation as an alternative to arrest or the obtaining of a warrant for such violation. An authorized agent of the Town witnessing a violation shall be authorized to issue such notice of violation to any person when that alternative would best meet the needs of justice and expediency under the circumstances; provided that the person consents voluntarily in writing to accept such notice and to appear in court as provided herein.
The notice of violation shall contain and specify:
The violation with which such person is charged;
The hour, date, location of the court for the county in which such person will be summoned to appear; and
A place in which the person may endorse the notice by signing his name and address, indicating his receipt thereof and willingness to appear.
If a person does not willingly consent to the issuance of the notice of violation, the Town or its agent may proceed to request an arrest warrant in the manner provided by law.
The person serving the notice of violation shall make proof of his service to the court promptly and, in any event, within the time during which the person served must respond to the notice. Failure to make proof of service to the court, however, shall not affect the validity of the notice.
If any person shall fail to abate any illegal condition after receipt of the Town's notice to abate and within a reasonable time as may be specified in such notice, the condition may be abated by the Town at the expense of the person named in such notice. Abatement by the Town shall not bar the prosecution of the person responsible for the condition abated.
Declaration of municipal infractions. The Mayor and Council shall declare the code or ordinance provisions which shall be municipal infractions if violated.
Issuance of citation for municipal infractions.
Those representatives authorized by the Mayor and Council to enforce Town ordinances may deliver a citation to any person alleged to be committing a municipal infraction. The issuing representative shall file copies of any such citation in the office of the Town Clerk.
Citations issued under this section shall contain the following information:
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 and the amount which shall be due upon failure to make timely payment.
The manner, location and time in which the fine may be paid to the municipality.
The right of the accused to elect to stand trial for the municipal infraction.
Payment of fine. The fine is payable by the recipient of the citation to the register within 20 calendar days of receipt of the citation.
No formal hearing. The Town shall not conduct any formal hearing for those persons in receipt of a citation for a municipal infraction. Any offender so cited may pay the fine as indicated in the citation or elect to stand trail for the offense. This provision shall not prevent an offender from requesting, either personally or through an attorney, additional information concerning the municipal infraction.
Election to stand trial. A person who receives a citation for an infraction may elect to stand trail for the offense by giving notice to the Town Clerk at least five days prior to the date by which payment shall be required under the citation. Upon receipt of such notice, the Town Clerk shall forward to the District Court of Maryland for Prince George's County a copy of the citation indicating the recipient's intention to stand trial.
Failure to pay fine. Upon failure of an individual to pay the fine noted on the citation when required, the Town Clerk shall give written notice of the infraction and the recipient's failure to pay the required fine on time. If the fine on the citation has not been satisfied within 15 days from the date of the notice from the Town Clerk, the recipient shall be liable for an additional fine not to exceed twice the original fine. If the recipient of the citation has not made payment of the fine noted thereon within 35 days from the date of the notice from the Town Clerk, the Town may request adjudication of the case in the District Court of Maryland for Prince George's County, which shall thereupon schedule the case for trial and summon the recipient of the citation to appear. The recipient's failure to respond to such summons shall be contempt of court.
Rights of accused. In any proceeding for municipal infraction, the accused shall have the right to cross-examine witnesses, to testify or introduce evidence, and to be represented by an attorney of his own selection and at his own expense.
Unless otherwise specifically enumerated in this Code, any person found guilty of violating any provision of this for which violation is a "misdemeanor," as defined in § 1-8, shall be subject to a fine not to exceed $100 and/or 30 days in jail. Section 3 of Article 23A of the Annotated Code of Maryland allows a municipality to establish misdemeanor penalties up to $1,000 and/or six months in jail.
Editor's Note: Said provision was repealed by Acts 1984, c. 369, § 2, effective 10-1-1984. See now § 6-101 of the Local Government Article of the Annotated Code of Maryland.
[Amended 9-17-2012 by Ord. No. 2012-07]
The general penalty for commission of a municipal infraction shall be $100, unless another fine has been enumerated. In no event shall the fine actually imposed for a general, unenumerated, municipal infraction exceed $100 for the first offense or $200 for each repeat offense.
Unless otherwise provided, a separate or repeat offense may be charge or cited for each day a violation of this Code or any Town ordinance continues.
Any violation of the Code provisions listed in this section shall constitute and be punishable as misdemeanor and shall be subject to the maximum fines and/or jail penalties enumerated herein. If a maximum fine and/or jail term is not enumerated herein, the general misdemeanor penalties at § 1-12 shall apply.
The maximum fine for enumerated municipal infractions shall be: