[HISTORY: Adopted by the Council of the Town
of Mount Airy 1-5-1981 by Ord. No. 116; amended in its entirety 11-3-1986
by Ord. No. 153. Subsequent amendments noted where applicable.]
A.
Violation of any ordinance of the Town of Mount Airy,
including violation of any zoning or land use ordinance or regulation,
shall be a municipal infraction and shall be punishable in accordance
with § 3 of Article 23A of the Annotated Code of Maryland,
unless the same shall be specifically designated as a misdemeanor
or felony by another section of this Code.
B.
Citations may be issued to the individual committing
the infraction as well as the property owner or business entity for
which the individual works, if the infraction is committed at said
property or within the individual’s scope of employment for
the business. Such citations may be individually prosecuted.
[Added 11-5-2007 by Ord. No. 2007-38]
Those portions of any ordinances of the Town
of Mount Airy enacted before January 5, 1981, which provide that a
violation of the same shall constitute a misdemeanor are hereby repealed.
[Amended 12-2-2002 by Ord. No. 2002-29]
A.
Citations for municipal infractions may be issued
by any police officer, the Mayor and any member of the Council.
B.
Police officers retained, contracted for or hired
by the Town shall enforce all applicable laws, including the Town
of Mount Airy Code, ordinances and resolutions, except as otherwise
provided by any other provision of the Code or Charter, by issuing
citations for municipal infractions, citations for parking violations,
or by taking other action as may be appropriate to enforce the Town
of Mount Airy Code and laws.
C.
The Mayor or appropriate Council member may, with
the consent of the Council, designate specific Town staff who shall
be authorized to issue citations for municipal infractions, citations
for parking violations, or to take other action to enforce the Town
of Mount Airy Code and laws as may be appropriate, subject to review
by the Mayor or appropriate Council member.
[Amended 11-5-2007 by Ord. No. 2007-39]
A.
Except as provided for by any other provision of this
Code, the amount of the infraction fine assessed for violation of
any zoning ordinance or subdivision regulation shall be $100 for the
first offense, and $200 for the second and subsequent offenses occurring
within six months of the first offense. For violation of all other
ordinances, except as otherwise provided, the fine shall be $50 for
the first offense, and $100 for the second and subsequent offenses
occurring within six months of the first offense.
B.
Each day of an ongoing violation, or separate incident
where applicable, shall be considered a separate violation.
C.
Fines which are not paid or otherwise resolved within
30 days of issuance of the citation shall be doubled.
D.
The Town may, in addition to a fine, issue an order
by the Mayor, seek a court order to enforce the ordinance, or seek
an abatement order or other order as appropriate from the court.
