For purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
indicated:
DEFENDANT
A person against whom a citation for a municipal infraction
has been issued.
ENFORCEMENT OFFICER
An employee or contractual agent of the Town authorized by
the Mayor and Council to issue a citation for a municipal infraction.
LOCAL GOVERNMENT ARTICLE
The Local Government Article of the Annotated Code of Maryland.
[Added 4-13-2023 by Ord. No. 2023-01]
MUNICIPAL INFRACTION
Includes a violation of certain ordinances of the Town of
Rock Hall which have been designated a civil or municipal infraction
by the Mayor and Council of the Town of Rock Hall. A municipal infraction
shall be deemed a civil offense.
PERSON
Any individual, group of individuals, organization, firm,
partnership, corporation, association, government unit, or any other
entity of any kind.
REPEATED VIOLATION
A recurring violation of the same provision of an ordinance
of the Town of Rock Hall by the same person.
The issuance of a citation is not appealable
to any Town Board or commission. The redress available upon the issuance
of a citation shall be the election to stand trial. This provision
shall not prevent a defendant from requesting, either personally or
through an attorney, additional information concerning the municipal
infraction.
[Amended 4-13-2023 by Ord. No. 2023-01]
A. Procedure for election of trial. A person receiving
a citation for a municipal infraction may elect to stand trial for
the offense by notifying the Town of his intent 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 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, in accordance with § 6-105
of the Local Government Article, as amended. All fines, penalties,
or forfeitures collected by the District Court in connection with
municipal infractions shall be remitted to the Town.
B. Penalties. If any person shall be found by the District
Court to have committed a municipal infraction, the person shall be
subject to the penalties set forth in § 6-110 of the Local
Government Article.
C. The State's Attorney for Kent County or the Town Attorney
shall prosecute any municipal infractions. Notwithstanding the foregoing,
any Town enforcement officer that is a qualified building inspector
or enforcement officer pursuant to § 6-108 of the Local
Government Article shall be authorized to testify in a Town municipal
infraction proceeding without the assistance of a prosecuting attorney.
If the person receiving the 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.
A defendant's failure to respond to a summons issued by the District
Court shall result in the entry of judgment against the defendant
and in favor of the Town in the amount then due if a proper demand
for judgment on affidavit has been filed.
[Amended 4-13-2023 by Ord. No. 2023-01]
Notwithstanding any provision herein to the
contrary, the proceedings for municipal infractions shall be subject
to the requirements of § 6-101 et seq. of the Local Government
Article, as amended.
Notwithstanding the provisions of this chapter
or any other section of the Town Charter, the Town Code or any Town
ordinance, alternative remedies such as injunction, mandamus, or other
appropriate forms of relief to enforce provisions of Town legislation
shall be effective as may be provided by law.
The Recitals to this Ordinance No. 05-02 are
incorporated herein and deemed a substantive part of this chapter,
as follows:
WHEREAS, under Article 23A, Section 3, of the
Annotated Code of Maryland, the Mayor and Council of the Town of Rock
Hall have the express power to provide that violations of any ordinance
of the Town of Rock Hall shall be a municipal infraction;
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WHEREAS, pursuant to the Charter of the Town
of Rock Hall, the Mayor and Council of the Town of Rock Hall are empowered
to ensure the observance of ordinances and may declare the violation
of certain Town ordinances to be municipal infractions; and
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WHEREAS, the Mayor and Council of the Town of
Rock Hall, to assure the observance of ordinances of the Town of Rock
Hall and for the good and welfare of the community, deem it necessary
and appropriate to adopt Ordinance No. 2005-02 for the purpose of
adding new Chapter I53 and specifying certain violations of Town ordinances
to be municipal infractions.
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