[HISTORY: Adopted by The Commissioners of St. Michaels 9-9-1980
by Ord. No. 125. Amendments noted where applicable.]
GENERAL REFERENCES
Enforcement of ordinances — See § C-21B of the Charter.
As used in this chapter, the following terms shall have the meanings
indicated:
A criminal offense, not amounting to a felony, arising from a violation
of a law of the state, which violation is defined as a misdemeanor; or
Unless otherwise specified, a violation of any ordinance or law of this
Town. All violations of the ordinances and the laws shall be treated as misdemeanors
unless specifically declared to be infractions.
Any violation of any ordinance now in effect, or any violation of
any ordinance or code of ordinances hereafter enacted by The Commissioners
of St. Michaels, which violation has been specifically declared to be a municipal
infraction. For purposes of this chapter, and all ordinances and codes hereafter
enacted by The Commissioners of St. Michaels, a municipal infraction is a
civil offense.
The Commissioners shall by official act declare the violation of which
ordinance or ordinances shall be a municipal infraction, or municipal infractions,
and for each such violation, a specific fine shall be set. This fine shall
never exceed the maximum fine provided by Article 23A, §3(b), of the
Annotated Code of Maryland. The fine for violation of each ordinance or code
section which is declared to be a municipal infraction shall be expressed
as a definite amount rather than being expressed in terms of a maximum or
minimum amount. The authority to declare municipal infractions and set fines
shall not be delegated by The Commissioners to any other administrative or
legislative body.
A.
Those enforcement officials authorized by The Commissioners
to enforce Town ordinances may deliver a citation to any person alleged to
be committing a municipal infraction. A copy of the citation shall be retained
by the Town and shall bear the certification of the enforcing official attesting
to the truth of the matter set forth in the citation. The citation shall contain
at a minimum the following information:[1]
(1)
Name and address of the person charged;
(2)
The nature of the municipal infraction;
(3)
The location and time that the municipal infraction occurred
or was observed;
(4)
The amount of the municipal infraction fine assessed;
(5)
The manner, location, and time in which the fine may
be paid to the Town;
(6)
The right of the accused to stand trial for the municipal
infraction;
(7)
The enforcement officer's certification attesting to the truth
of the matter set forth in the citation or that the citation is based on an
affidavit; and
(8)
The effect of failing to pay the assessed fine or demand a trial
within the prescribed time.
B.
Duly sworn officers of the St. Michaels Police Department
shall be the enforcement officials authorized to enforce all Town ordinances
now in effect and all ordinances and codes hereafter enacted unless otherwise
specifically indicated on an ordinance by ordinance or code section basis.
The fine for a municipal infraction shall be as specified in each ordinance
or code section violated. The fine is payable by the recipient of the citation
to 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 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 receiving the citation for a municipal infraction may elect
to stand trial for the offense by notifying the Town Clerk in writing of his
or her intention of standing 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 the 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 or her 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. All fines, penalties, or forfeitures
collected by the District Court for violations of municipal infractions shall
be remitted to the general fund of the Town.
If a person receiving a citation for a municipal infraction fails to
pay the fine for the municipal infraction by the date of payment set forth
on the citation and fails to file a notice of his or her intention to stand
trial for the offense, a formal notice of the municipal infraction shall be
sent to the offender's last known
address. If the citation has not been satisfied within 15 days from the date
of the notice, the Town may double the fine to an amount not to exceed the
maximum fine provided by Article 23A, §3(b), of the Annotated Code of
Maryland. If after 35 days the citation has not been satisfied, the Town may
request adjudication of the case through the District Court. The District
Court shall promptly schedule the case for trial and summon the defendant
to appear.
Conviction of a municipal infraction, whether by the District Court
or by payment of the fine to the Town, is not a criminal conviction for any
purpose, nor does it impose any of the civil disabilities ordinarily imposed
by a criminal conviction.
In any proceeding for a municipal infraction, the accused shall have
the same rights as for the trial of criminal cases. He or she shall have the
right to cross-examine witnesses against him or her, to testify or introduce
evidence in his or her own behalf and to be represented by an attorney of
his or her own selection and at his or her own expense.
[Added 8-14-1984 by Ord. No. 143[1]]
It shall be unlawful for any person to fail and/or refuse to provide his or her proper name and/or address to an enforcement official attempting to issue a municipal infraction citation. Any person who violates any provision of this § 33-10 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalties as provided in Article III, § C-21A, of the Charter.
