Article V School Zones

The registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six months or more.

Does not include:

A motor vehicle rental or leasing company; or

A holder of a special registration plate issued under Title 13, Subtitle 9, Part III, of the Maryland Transportation Article.[1]

POLICE DEPARTMENT

The Police Department of the Town of Delmar.

RECORDED IMAGE

An image recorded by a speed monitoring system:

On:

A photograph;

A microphotograph;

An electronic image;

A videotape; or

Any other medium; and

Showing:

The rear of a motor vehicle;

SPEED MONITORING SYSTEM OPERATOR

At least two time-stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and

(c)

On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.

SPEED MONITORING SYSTEM

A device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above the posted speed limit.

A representative of an agency or contractor that operates a speed monitoring system.

[1]

Editor's Note: See § 13-940 et seq., of the Transportation Article of the Annotated Code of Maryland.

Violations. It shall be a violation of this section for a vehicle to violate the posted speed limit in the school zone.

Defenses.

The following may be considered defenses by the District Court for a violation of this section:

That the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;

Evidence that the person named in the citation was not operating the vehicle at the time of the violation; and

(c)

Any other issues and evidence that the District Court deems pertinent.

To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.

Notice of violation.

When the speed monitoring system violation records a motor vehicle exceeding a posted speed in violation of Subsection B, the Police Department shall issue a written notice of violation to the registered owner or lessee of the vehicle in accordance with Subsection (d)(1) of § 21-809of the Transportation Article of the Annotated Code of Maryland, and § 7-302 of the Courts and Judicial Proceeding Article, which shall be delivered by U.S. Mail no later than two weeks after the alleged violation if the vehicle is registered in Maryland, and 30 days after the alleged violation if the vehicle is registered in another state other than Maryland.

A notice of violation associated with a speed monitoring system violation shall require a review of the associated recorded image by the Police Department, who shall inspect the image and determine whether the motor vehicle was being operated in violation of Subsection B or whether one of the defenses enumerated in Subsection C is visibly applicable upon inspection. Upon determination that the recorded image captures a violation and that no defense applies, the notice of violation shall be served upon the registered vehicle owner in the manner provided for above. The Police Department shall retain a copy of all violation notices, recorded images and other correspondence mailed to the owner of the vehicle. Each notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of the above-noted statutory and local provisions and shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in this section.

(3)

The notice of violation shall include the following information:

The name and address of the registered owner of the vehicle;

The registration number of the motor vehicle involved in the violation;

(c)

The violation charged;

(d)

The location where the violation occurred;

(e)

The date and time of the violation;

(f)

A copy of the recorded image;

(g)

The amount of the civil penalty imposed and the date by which the civil penalty should be paid;

(h)

A signed statement by a duly authorized officer of the Police Department that, based on inspection of recorded images, the motor vehicle was being operated in violation of this section;

(i)

A statement the recorded images are evidence of a violation of this section;

(j)

Information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested in the District Court; and

(k)

Information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner:

[1]

Is an admission of liability;

[2]

May result in the refusal by the State of Maryland Motor Vehicle Administration (the "Administration") to register the motor vehicle; and

[3]

May result in the suspension of the motor vehicle registration.

Hearing.

A citation issued pursuant to this section shall provide that the person receiving the citation may elect to stand trial by notifying the Police Department of the person's intention to stand trial at least five days prior to the date of payment as set forth in the citation. On receipt of the notice to stand trial, the Police Department shall forward to the District Court having venue a copy of the citation and a copy of the notice from the person who received the citation indicating the person's intention to stand trial. On receipt thereof, the District Court shall schedule the case for trial and notify the defendant of the trial date under procedures adopted by this section and Chief Judge of the District Court.

Where a citation issues as the result of a speed monitoring system violation in an uncontested case, the penalty shall be paid directly to the Mayor and Commissioners of Delmar, Maryland. A citation issued as a result of a speed monitoring system violation in a case contested in District Court shall provide that the penalty shall be paid directly to the District Court.

(3)

Civil penalties resulting from citations issued using speed monitoring systems that are collected by the District Court shall be collected in accordance with Subsection (a) of § 7-302 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland and distributed in accordance with § 12-118 of the Transportation Article of said Annotated Code.

(4)

The owner of a vehicle being operated in violation of Subsection B may request a hearing by the respond-by date on the notice of violation to challenge the evidence or set forth an applicable defense. The notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of Subsection B. The notice of violation shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in Subsection C.

(5)

The Mayor and Commissioners of Delmar and Chief Judge of the District Court shall adopt the procedures for the issuance of citations, the trial of civil violations and the collection of civil penalties which shall not exceed $40 per citation. The District Court can impose court costs not to exceed $22.50 per citation. Such costs shall also be applicable to those cases in which the defendant elects to waive his right to trial and pay the fine or penalty determined by the Chief Judge of the District Court by administration regulation. In an uncontested case in which the $40 fine is paid directly to the Mayor and Commissioners of Delmar, costs shall not exceed $2.

Revenue cap on funds collected by the Mayor and Commissioners.

From the fines collected by the Mayor and Commissioners of Delmar as a result of violations enforced by speed monitoring systems, the Mayor and Commissioners:

May recover the costs of implementing and administering the speed monitoring system; and

Subject to the cap limitation below, spend any remaining balance solely for public safety purposes, including pedestrian safety programs.