[Adopted 10-1-2001 by Ord. No. 01-11]
The Mayor and Council shall declare the ordinance
provisions which shall be municipal infractions if violated.
A.
The procedure for the issuance of municipal infractions
shall be the procedure set forth in Article 23A, § 3(b),
of the Annotated Code of Maryland, or corresponding future provision
thereof.
B.
Those representatives authorized by the Mayor and
Council to enforce Town ordinances may deliver a citation to any person
alleged to be committing a municipal infraction. The issuing representative
shall file copies of any such citation in the office of the Mayor
and Council.
C.
Citations issued under this article shall contain
the following information:
(1)
The representative'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.
(4)
The location and time that the infraction occurred.
(5)
The amount of the infraction fine assessed and the
amount 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.
(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 Council of Federalsburg 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 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 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 Caroline County a copy of the citation indicating
the recipient's intention to stand trial.
Upon failure of an individual to pay the fine
noted on the citation when required, the Mayor and Council shall give
written notice of the infraction to the recipient and the recipient's
failure to pay the required fine on time. Failure to pay the fine
or give notice of intent to stand trial may result in an additional
fine or adjudication by the court.
Unless otherwise specifically enumerated in
this article, any person found guilty of violating any provision of
this article for which violation is a misdemeanor shall be subject
to a fine not to exceed $1,000 or six months in jail, or both, in
the discretion of the court.
[Amended 3-17-2009 by Ord. No. 2009-05; 7-6-2010 by Ord. No.
2010-07]
A.
The
Mayor and Council of Federalsburg shall by official act declare the
violation of which Code provisions or ordinances shall be an infraction
or infractions, and for each violation a fine shall be set. This fine
shall never exceed the maximum allowable fine for each municipal infraction
as set forth in Article 23A, § 3, of the Maryland Annotated
Code.
B.
Where
this Code or any ordinance sets forth a specific fine for a particular
municipal infraction, that fine amount shall apply. Unless this Code
or any ordinance of the Town sets forth a different fine amount for
the particular infraction, the penalties shall be as follows:
C.
The
increased fines for subsequent offenses apply when it is the same
municipal infraction and occurs within 12 months of the previous municipal
infraction for the same offense.
D.
Each
day that a violation continues shall be a separate offense.
