[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:
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.
A.
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.
B.
Contents.
The City shall retain a copy of the citation which shall contain:
(1)
The City's certification attesting to the truth of the matter
set forth in the citation.
(2)
The name and address of the person charged.
(3)
The nature of the infraction.
(4)
The location and time that the infraction occurred.
(5)
The amount of the infraction fine assessed.
(6)
The manner, location and time in which the fine may be paid to the
municipality.
(7)
The person's right to elect to stand trial for the infraction.
(8)
The effect of failing to pay the assessed fine or demand a trial
within the prescribed time.
A.
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.
B.
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]
A.
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.
B.
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.
D.
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.
E.
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.
