[Adopted 1-12-2004 by Ord. No. 240]
The Mayor and Town Council shall specify those
Town ordinance provisions which shall constitute municipal infractions
if violated.
A.
The procedure for the issuance and service of citations
for municipal infractions shall be the procedure set forth in Article
23A, § 3(b) of the Annotated Code of Maryland, or corresponding
future provision of the Annotated Code of Maryland.
B.
Those representatives authorized by the Mayor and
Town Council to enforce Town ordinances ("Enforcement Officers") may
issue a citation to any person alleged to be committing a municipal
infraction. The Enforcement Officer shall file copies of any such
citation in the office of the Mayor and Council.
C.
A citation issued under this section shall contain
the following information:
(1)
The Enforcement Officer's certification attesting
to the truth of the matter set forth in the citation;
(2)
Name and address of the person charged;
(3)
The nature of the infraction, including the ordinance
which has been violated.
(4)
The location and time that the infraction occurred;
(5)
The amount of the infraction fine assessed and any
additional amounts which shall be due upon failure to make timely
payment;
(6)
The manner, location and time in which the fine may
be paid to the municipality;
(7)
The right of the accused to elect to stand trial for
the municipal infraction; and
(8)
The effect of failing to pay the assessed fine or
demand a trial within the prescribed time.
The fine is payable by the recipient of the
citation to the Mayor and Town Council of Sykesville or an authorized
agent of the Town within 20 calendar days of receipt of the citation.
The Town shall not conduct any formal hearing
for those persons in receipt of a citation for a municipal infraction.
Any offender so cited may pay the fine as indicated in the citation
or elect to stand trial in the District Court of Maryland for Carroll
County for the offense. This provision shall not prevent an offender
from requesting, either personally or through an attorney, additional
information concerning the municipal infraction.
A person who receives a citation for a municipal
infraction may elect to stand trial for the offense by giving notice
to the Mayor and Town Council at least five days prior to the date
by which payment shall be required under the citation. Upon receipt
of such notice, the Mayor and Council shall forward to the District
Court of Maryland for Carroll County a copy of the citation indicating
the recipient's intention to stand trial.
If a person charged in a citation fails to pay
the fine within 20 calendar days of receipt of the citation, and fails
to timely deliver to the Town the written notice of intent to stand
trial, the person is liable for the assessed fine. Failure to timely
pay the assessed fine may result in an increase of the fine to an
amount not to exceed the lesser of double the original fine or $1,000,
and adjudication of the case through the District Court of Maryland
for Carroll County, including the filing of a demand for judgment
on affidavit.
The Town Manager, the Town Police Chief and
any sworn police officer of the Town shall be considered Enforcement
Officers within the meaning of this article.
Parking violations are considered municipal
infractions that are subject to a separate fee schedule adopted by
the Town Council.
A.
General municipal infraction penalties. Unless otherwise specifically enumerated in the ordinance which has been violated, a municipal infraction of Class A as defined in § 1-10 below shall be levied upon a violation of any ordinance.
B.
Continuing violations. Unless otherwise provided,
a person may be cited for a separate and/or repeat offense for each
day a violation of any Town ordinance continues.
When a certain act or omission thereof is deemed
to constitute a municipal infraction, the following schedule of fines
shall be applicable to said violation(s):
|
Type of Offense
|
Class
|
Fine
|
|---|---|---|
|
Municipal Infraction
|
A
|
$50.00
|
|
Municipal Infraction
|
B
|
$100.00
|
|
Municipal Infraction
|
C
|
$250.00
|
|
Municipal Infraction
|
D
|
$500.00
|
|
Municipal Infraction
|
E
|
$1,000.00
|
The Mayor and Council may amend the Schedule
of Fines for Municipal Infractions, including the maximum fine for
a municipal infraction, by resolution.
