[HISTORY: Adopted by the Mayor and Commissioners of the Town of Delmar, Maryland, as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-11-2002 by Ord. No. 693]
As used in this article, the following terms shall have the meanings indicated:
MUNICIPAL INFRACTION
Any violation of an ordinance of the Town of Delmar, which violation has been declared to be an infraction. For the purposes of this article, an infraction is a civil offense.
The Mayor and Commissioners of Delmar shall, by official act, declare the violation of which ordinance or ordinances shall be infractions and, for each such violation, a specific fine shall be set. The fine shall be expressed as a discrete amount rather than being expressed in terms of a maximum or minimum amount. The authority to declare infractions and set fines shall not be delegated by the Mayor and Commissioners to any other administrative or legislative body.
[Amended at time of adoption of Code (see Ch. 15, General Provisions, Art. II)]
Those code enforcement officials authorized by the Mayor and Commissioners to enforce this Code may deliver a citation to any person alleged to be committing an infraction or on the basis of an affidavit that cites the facts of the alleged infraction and is submitted to a designated official of the Town. 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 the 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 or fine assessed.
E. 
The manner, location and time in which the fine may be paid to the Town.
F. 
The person's right to elect to stand trial.
[Amended at time of adoption of Code (see Ch. 15, General Provisions, Art. II)]
The fine is payable by the recipient of the citation to the Town within 20 calendar days of service of the citation.
The Town shall not conduct any formal hearing for those persons in receipt of a citation. Any offender so cited may pay the fine as indicated in the citation or elect to stand trial for the offense. This section shall not prevent an offender from requesting, either personally or through an attorney, additional information concerning the infraction.
A person receiving the citation may elect to stand trial for the offense by notifying the Town in writing of his intention of standing 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 shall be remitted to the general fund of the Town.
[Amended at time of adoption of Code (see Ch. 15, General Provisions, Art. II)]
If a person receiving a citation fails to pay the fine by the date of the payment set forth on the citation and fails to file a notice of his intention to stand trial for the offense, a formal notice of the infraction shall be sent to the offender's last known address. If the citation has not been satisfied within 15 days from the date of the notice, he shall be liable for an additional fine not to exceed twice the original fine or $1,000, whichever is less. If after 35 days the citation has not been satisfied, the Town may request adjudication of the case through the District Court. The District Court shall promptly schedule the case for trial and summon the defendant to appear.
Conviction, whether by the District Court or by the payment of the fine to the Town, is not a criminal conviction for any person nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.
In any proceeding for a municipal infraction the accused shall have the same rights as for the trial of criminal cases. He shall have the right to cross-examine witnesses against him, 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.
A. 
Those persons of departments authorized to administer and enforce this article have the privilege to waive any fine contained herein not imposed by any court if it can be established by uncontroverted evidence that the citation for the offense was issued erroneously and the Town Manager authorizes such waiver.
B. 
The following persons shall have the authority to issue citations for municipal infractions.
(1) 
Building Inspector.
(2) 
All Town police officers.
(3) 
Superintendent of Public Works.
(4) 
Code Enforcement Officer.
C. 
The violation of the following codes and ordinances are hereby declared to be a municipal infraction, and the penalty for such violations shall be $50 for each initial offense and $100 for each repeat offense, and each day the violation continues shall constitute a separate offense.
(1) 
Chapter 10, Planning and Zoning Regulations.
(2) 
Chapter 97, Construction Codes, Article I, Property Maintenance Code, as amended.
(3) 
Chapter 97, Construction Codes, Article II, Residential Code, as amended.
(4) 
Chapter 97, Construction Codes, Article III, Building Code, as amended.
D. 
The penalty provisions of any of the codes, ordinances or laws referred to in this article inconsistent with the penalty provisions of this article are hereby repealed.