[Adopted 2-7-1984 by Ord. No. 1984-4; amended 7-28-1998 by Ord. No. 1998-37; 2-22-2000 by Ord. No. 2000-17; 10-28-2025 by Ord. No. O-25-15]
As used in this article, the following terms shall have the meanings indicated:
MUNICIPAL INFRACTION
A. 
Any violation of any provision of the Code of the City of Hagerstown, hereinafter referred to as "this Code," which violation has been specifically declared by the Mayor and Council of Hagerstown to be a "municipal infraction."
B. 
For purposes of this Code, a "municipal infraction" is a civil offense, and a finding of guilt thereof is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.
A. 
The Mayor and Council may, by ordinance, declare which violations shall constitute municipal infractions and may set specific fines which may be imposed for said infractions.
B. 
The fines set by the Mayor and Council for municipal infractions shall be in specific amounts not to exceed $5,000 for each initial violation. The specific fine amount may be doubled pursuant to Local Government, § 6-106 of the Annotated Code of Maryland to an amount not to exceed $1,000. Unless otherwise provided, each day a violation continues shall constitute a separate and distinct violation.
A. 
Authorized code enforcement officials may deliver a citation to any person alleged to be committing or to have committed a municipal infraction. A copy of the citation shall be retained by the City and may bear the certification of the issuing official attesting to the truth of the matter set forth in the citation.
B. 
The citation shall contain the following information:
(1) 
The name and address of the person charged.
(2) 
The nature of the municipal infraction.
(3) 
The code or ordinance provision being violated.
(4) 
The location and time that the municipal infraction occurred or was observed.
(5) 
The amount of the fine assessed for the municipal infraction.
(6) 
The manner, location and time in which the fine may be paid to the City.
(7) 
The right of the recipient of the citation to elect to stand trial for the municipal infraction.
Payment of the fine imposed by a citation for a municipal infraction shall be made to the City Treasurer, City Hall, Hagerstown, Maryland, within 20 calendar days from receipt of the citation, unless there is an election to stand trial no later than 15 days from the receipt of the citation.
A. 
A person receiving a citation for a municipal infraction may elect to stand trial for the offense by notifying the City of said person's intention to stand trial for the municipal infraction. The notice shall be given in writing at least five days prior to the date of payment as set forth in the citation.
B. 
Upon receipt of a timely notice of intention to stand trial, the City shall forward to the District Court having venue a copy of the notice from the person who received the citation indicating the 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.
A. 
If a person receiving a citation for a municipal infraction fails to pay the fine imposed for the infraction by the date of payment set forth on the citation and fails to timely file a notice of intention to stand trial for the offense, a formal notice shall be sent to the offender's last known address demanding payment. In the event that the citation has not been satisfied, the offender shall be obligated to pay a sum equivalent to twice the amount of the original penalty amount.
B. 
If, after 35 days from its issuance, the citation has not been satisfied, the City may request adjudication of the case through the District Court. The District Court shall thereupon promptly schedule the case for trial and summon the defendant (the offender) to appear. The defendant's failure to respond to the summons shall be contempt of court.
A. 
Court proceedings for a municipal infraction shall be governed by the provisions of Local Government, Title 6, of the Annotated Code of Maryland, as amended, relating to municipal infractions, said provisions being hereby incorporated by reference as if fully set forth herein.
B. 
Any person found by the District Court to have committed a municipal infraction shall be required to pay the fine imposed by the citation, including any additional fine imposed by § 1-23 hereof. Such person shall also be liable for the cost of the court proceedings.
C. 
Whenever any defendant has been found guilty of a municipal infraction and willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court.
D. 
All fines, penalties or forfeitures collected by the District Court for municipal infractions shall be remitted to the City.
In any case where a provision of this article conflicts with a mandatory provision of Local Government, Title 6, of the Annotated Code of Maryland, as amended, the provisions of Local Government shall prevail and shall be incorporated herein as if expressly set forth.