[HISTORY: Adopted by the County Commissioners of Caroline County 9-15-1992
by Bill No. 92-3. Amendments noted where applicable.]
Unless otherwise clearly indicated by the context, in this chapter the
following terms have the meanings indicated:
A violation of a County ordinance, resolution or public local law
which has been designated a "civil infraction" by the County Commissioners
of Caroline County.
Caroline County, Maryland.
The County Commissioners of Caroline County, Maryland.
Any person against whom a citation for a civil infraction has been
issued.
An employee or contractual agent of the County authorized by the
County Commissioners to issue a citation for a civil infraction.
Any individual, group of individuals, organization, firm, partnership,
corporation, government unit or any entity of any kind.
A recurring violation of the same provision of the County Code by
the same person.
A.
Any person who violates any provision of the Caroline
County Code subject to civil fine or penalty shall, upon citation issued pursuant
to this chapter, be deemed to have committed a civil infraction and shall
pay to the County a civil fine in the amount prescribed.
B.
Beginning with the day the citation is issued, each separate
day of violation shall constitute a separate and distinct civil infraction,
and each such infraction shall be subject to citation and fine.
[Amended 12-17-2002 by Bill No. 2002-3]
A.
The civil fine for each civil infraction shall be the
amount specified as the penalty for the infraction in the pertinent section
of this Code. Unless otherwise specifically enumerated, any person deemed
to have committed a civil infraction shall be subject to a fine not to exceed
$500.
B.
A civil fine shall not exceed $500 for the commission
of a civil infraction; except that, for each repeated violation, the civil
fine shall not exceed $1,000.
C.
The following schedule of fines shall apply to each civil
infraction as such civil infraction may be classified in an applicable chapter
or section of the Caroline County Code:
|
Initial Violation
|
Repeated Violation
| ||
|---|---|---|---|
|
Class A
|
$500
|
$1,000
| |
|
Class B
|
$400
|
$800
| |
|
Class C
|
$300
|
$600
| |
|
Class D
|
$250
|
$500
| |
|
Class E
|
$150
|
$300
| |
|
Class F
|
$100
|
$200
| |
|
Class G
|
$50
|
$100
| |
|
Class H
|
$35
|
$70
|
A.
The County Commissioners shall designate one or more
enforcement officials who are authorized to issue citations to those persons
whom the official determines to have committed a civil infraction.
B.
Citations shall be delivered in person or mailed to the
last known address of the recipient of the citation. In addition to delivery
or mail, a copy of the citation may be posted on the property where the violation
exists or has occurred. The enforcement official who delivers, mails or posts
a citation shall make an affidavit regarding such action.
[Amended 12-17-2002 by Bill No. 2002-3]
C.
A copy of the citation shall be retained by the issuing
official and shall bear the official's certification attesting to the
truth of the matter set forth in the citation.
D.
The citation shall serve as notification that the person
is charged with a civil violation of the County Code and has been assessed
a civil fine, which shall be due and payable to the County, subject to the
person's right to stand trial in the District Court.
[Amended 12-17-2002 by Bill No. 2002-3]
A.
Unless otherwise specified in state law, the citation
shall be on a form adopted by the County Commissioners.
B.
To the extent not inconsistent with state law, the County
Commissioners shall determine the contents of the citation, which shall include,
at a minimum:
(1)
Date of issuance of citation.
(2)
Name and address of person charged.
(3)
The nature of the infraction.
(4)
The location where the infraction occurred and the time
it was observed by the enforcement official or other sworn witness.
(5)
The amount of the civil fine assessed.
(6)
The manner, location and time in which the fine may be
paid to the County.
(7)
Where applicable, the notice that each day of continued
violation thereafter shall be deemed a separate violation subject to an additional
citation and an additional fine.
(8)
The name and telephone number of the official issuing
the citation.
(9)
The defendant's right to elect to stand trial for
the infraction, and instructions and time constraints regarding such an election.
(10)
A brief statement of the effect of failing to pay the
assessed fine or demand a trial within the prescribed time.
The issuance of a citation is not appealable to any County board or
commission. The only redress available upon the issuance of a citation shall
be the election to stand trial.
A.
A defendant may elect to stand trial for the civil infraction
by notifying the County of the defendant's intent to do so. The defendant
shall give this notice in accordance with instructions on the citation and
shall provide notice at least five days prior to the time when the fine for
the civil infraction is to be paid as set forth in the citation. The day the
fine is due may be counted as one of the five days.
B.
Upon receipt of notice of the intent to stand trial,
the County shall forward to the District Court having venue a copy of the
citation and the notice of intent to stand trial.
A.
If a defendant fails to file a notice of intent to stand
trial within the time required and fails to pay the fine for the infraction
by the date indicated in the citation, the County shall send a formal notice
of the infraction to the defendant's last known address.
B.
If the County determines that the citation has not been
satisfied within 15 days from the date of the notice, the defendant will be
liable for an additional fine which shall be twice the amount of the original
fine.
C.
If the citation has not been satisfied within 35 days
the County may request adjudication of the case through the District Court,
including the filing of a demand for judgment on affidavit.
A.
Upon receipt from the County of a citation and notice
of intent to stand trial, the District Court shall promptly schedule the case
for trial, notify all parties of the trial date and summon the defendant to
appear.
B.
The defendant's failure to respond to such summons
shall result in the entry of judgment against the defendant in favor of the
County in the amount then due if a proper demand for judgment on affidavit
has been filed.
[Amended 12-17-2002 by Bill No. 2002-3]
C.
The state's attorney or the County Attorney shall
prosecute all civil infractions before the District Court.
D.
If the Court finds the defendant guilty of a civil infraction,
the defendant shall pay all court costs for the proceeding.
E.
The District Court shall remit to the County any fine,
penalty or forfeiture the Court collects.
F.
In addition to any fine, penalty or forfeiture, the court
may:
(1)
Award dollar-for-dollar reimbursement to the County for
itemized direct costs, not including personnel costs, incurred by the County
in administering the violator's election to stand trial, including but
not limited to special mail and long distance telephone costs.
(2)
Impose community service requirements.
A.
In addition to all other remedies provided by state or
county law, the County may institute any other appropriate action or proceedings
to enforce any provision of the County Code.
B.
The imposition of a civil monetary fine or the payment
thereof shall not in any way impede the authority of the County to utilize
any action or proceedings to enforce any provision of the County Code.
[Added 12-17-2002 by Bill No. 2002-3]
The proceedings for civil infractions shall be subject to the requirements
of the Annotated Code of Maryland, Article 25B, § 13C, as amended.
