[HISTORY: Adopted by the Commissioners of the Town of Aberdeen (now Mayor and Council of the City of Aberdeen) 4-9-1990 by Ord. No. 351-90 (Ch. 16 of the 1990 Code). Amendments noted where applicable.]
[Amended 8-23-2010 by Ord. No. 10-O-12]
This chapter shall provide that violations of ordinances and resolutions shall be, in certain cases, deemed to be municipal infractions and punishable by fine.
As used in this chapter, the following terms shall have the meanings indicated:
- MUNICIPAL INFRACTION
- Includes a violation of the littering, nuisance or environmental laws and certain provisions of the City Code. A municipal infraction shall be deemed a civil offense.
Grounds for issuance. City officials shall deliver, by personal service or certified mail, a citation to any person whom they adjudge to be committing a municipal infraction or on the basis of an affidavit submitted to the Director of Public Works or the City Manager citing the facts of the alleged incident.
Contents. The City shall retain a copy of the citation which shall contain:
The City's certification attesting to the truth of the matter set forth in the citation.
The name and address of the person charged.
The nature of the infraction.
The location and time that the infraction occurred.
The amount of the infraction fine assessed.
The manner, location and time in which the fine may be paid to the municipality.
The person's right to elect to stand trial for the infraction.
The effect of failing to pay the assessed fine or demand a trial within the prescribed time.
Procedure for election of trial. A person receiving the citation for a municipal infraction may elect to stand trial for the offense by notifying the City of his intent to stand 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 notice of the 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 his 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 in accordance with the Annotated Code of Maryland, Article 23A, § 3. All fines, penalties or forfeitures collected by the District Court for violations of municipal infractions shall be remitted to the City.
Penalties. If any person shall be found by the District Court to have committed a municipal infraction:
[Amended 8-23-2010 by Ord. No. 10-O-12; 3-25-2019 by Ord. No. 19-O-03]
Any person who commits a municipal infraction shall be deemed to have committed a municipal infraction and shall be subject to a fine in an amount specified by the Mayor and Council by ordinance but not to exceed $1,000.
A fine in an amount specified by the Mayor and Council by ordinance but not to exceed $1,000 may be imposed for each conviction of a municipal infraction.
The fine is payable by the recipient of the citation to the municipality within 20 calendar days of receipt of the citation. Each twenty-four-hour period in which a violation exists shall constitute a separate violation.
A municipal infraction will constitute a separate offense for each twenty-four-hour period that the violations exists.
[Amended 8-23-2010 by Ord. No. 10-O-12]
If the person receiving the citation for an infraction fails to pay the fine for the infraction by the date of payment set forth on the citation and fails to file a notice of his intention to stand trial for the offense, the person is liable for the assessed fine. The City may double the fine to an amount not to exceed $1,000 and request adjudication of the case through the District Court, including the filing of a demand for judgment on affidavit. The defendant's failure to respond to such summons shall result in the entry of judgment against the defendant in favor of the municipality in the amount then due if a proper demand for judgment on affidavit has been filed.
The proceeding for municipal infraction shall be subject to the other requirements of the Annotated Code of Maryland, Article 23A, § 3.
Notwithstanding the provisions of this chapter or any other section of the City Charter or City Code, alternative remedies, such as injunctions, etc., to enforce provisions of City legislation shall be effective as may be provided by law.