A. DEPARTMENT OWNER RECORDED IMAGE(1) STOP SIGN MONITORING SYSTEM VIOLATION(1)
In this section the following words have the meanings indicated:
Means the department of public services or its contractor.
Means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six months or more.
Means:
Images recorded by a stop sign monitoring system:
Means a device designed to capture a recorded image of a violation.
Means a failure to come to a complete stop at a stop sign in violation of § 21-707.1 of the Transportation Article, Annotated Code of Maryland.
"Violation" does not include any action a driver is instructed to take by a police officer.
B.
The city is authorized to operate stop sign monitoring systems through the department designated by the city in conformance with § 21-707.1 of the Transportation Article, Annotated Code of Maryland:
C.
Before beginning use of a stop sign monitoring system, the City shall publish notice that it has adopted the use of stop sign monitoring systems on the City's website and in a newspaper of general circulation in the City.
E.
Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner of the vehicle or the driver of a vehicle if the District Court finds that a person other than the owner was driving the vehicle at the time of the charged violation, in accordance with the provisions of the Transportation Article § 27-707.1(H)(3)(H)(5), is subject to the civil penalty set forth in Subsection G of this section if the motor vehicle is recorded by a stop sign monitoring system during the commission of a violation.
F.
Mailing citation.
(1)
Subject to the provisions of Subsection F(3) of this subsection, the City shall mail to the owner liable under Subsection E of this section a citation that shall include:
(a)
The name and address of the registered owner of the vehicle;
(b)
The registration number of the motor vehicle involved in the violation;
(c)
The violation charged;
(d)
To the extent possible, the location of the violation;
(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 must be paid;
(h)
A signed statement by a technician employed by the department that, based on the inspection of the recorded image, the motor vehicle was being operated during the commission of a violation.
(i)
A statement that the recorded image is evidence of a violation; and
(j)
Information advising the person alleged to be liable under this section:
[1]
Of the manner and time in which liability as alleged in the citation may be contested in the district court; and
[2]
That failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and may result in refusal or suspension of the motor vehicle registration.
(2)
The department may mail a warning notice in place of a citation to an owner liable under Subsection E of this section.
(3)
Rentals.
(a)
Before mailing a citation to a motor vehicle rental company liable under Subsection E of this section, the department shall mail a notice to the motor vehicle rental company stating that a citation will be mailed to the motor vehicle rental company unless within 45 days after receiving the notice, the motor vehicle rental company provides the department with:
[1]
A statement made under oath that states the name and last known mailing address of the individual driving or renting the motor vehicle when the violation occurred.
[2]
A statement made under oath that states that the motor vehicle rental company is unable to determine who was driving the vehicle at the time the violation occurred because the motor vehicle was stolen at the time of the violation; and
[3]
A copy of the police report associated with a motor vehicle theft where the owner of the vehicle has claimed that the vehicle has been stolen when the alleged violation occurred; or
[4]
Payment for the penalty associated with the violation.
(b)
The department may not mail a citation to a motor vehicle rental company liable under Subsection E of this section if the motor vehicle rental company complies with Subsection F(3)(a)[1] through [4] of this section.
(4)
Except as provided in Subsection F(3) of this section or when the District Court finds, in accordance with the provisions of the Transportation Article, Annotated Code of Maryland § 27-707.1 (H), that a person other than the vehicle owner was operating the vehicle at the time of the charged violation, A citation issued under this section shall be mailed not later than two weeks after the alleged violation.
G.
The penalty for failing to stop at a stop sign in the city as detected by the city's stop sign monitoring system of this section shall be $40 or the maximum amount permitted by state law, whichever is greater.