§ 3. Violations of ordinances and resolutions

   (a) Penalty. -- The legislative body of any municipality shall have power to provide that violations of ordinances and resolutions authorized by this article shall be punishable as misdemeanors, but no penalty shall exceed a fine of $ 1,000 and imprisonment for 6 months. Imprisonment in default of fine and costs shall be regulated by the provisions of § 7-504 and 7-505 of the Courts Article.

(b) Municipal infractions. --

   (1) The legislative body of a municipality may provide that violations of any municipal ordinance shall be a "municipal infraction" unless the violation is declared to be a felony or a misdemeanor by State law. In addition, the legislative body of a municipality may classify as a "municipal infraction": (i) a violation of any zoning or land use ordinance or regulation authorized to be adopted or enacted by that municipality; and (ii) littering within the municipality as prohibited under § 10-110 of the Criminal Law Article. For purposes of this article a municipal infraction is a civil offense.

   (2) A fine not to exceed $ 1,000 may be imposed for each municipal infraction. The fine is payable to the municipality by the person charged in the citation within 20 calendar days of service of the citation.

   (3) (i) Those officials authorized by the legislative body of the municipality to act as enforcement officers may serve a citation on any person:

         1. Whom they believe is committing or has committed a municipal infraction; or

         2. On the basis of an affidavit submitted to an appropriate official of the municipality, to be named by the municipality, citing the facts of the alleged infraction.

      (ii) The citation shall be served on the defendant:

         1. In accordance with Maryland Rule 3-121; or

         2. For real property-related violations, if proof is made by affidavit that good faith efforts to serve the defendant under Maryland Rule 3-121(a) have not succeeded, by:

            A. Regular mail to the defendant's last known address; and

            B. Posting of the citation at the property where the infraction has occurred or is occurring, and, if located within the municipality in which the infraction has occurred or is occurring, at the residence or place of business of the defendant.

      (iii) The citation shall contain:

         1. The enforcement officer's certification:

            A. Attesting to the truth of the matter set forth in the citation; or

            B. That the citation is based on an affidavit;

         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; and

         8. The effect of failing to pay the assessed fine or demand a trial within the prescribed time.

      (iv) The enforcement officer shall retain a copy of the citation.

   (4) (i) If a citation is served without a summons as provided in paragraph (6) of this subsection, the person charged in the citation may elect to stand trial for the infraction by notifying the municipality in writing of the person's intent to stand trial. The written notice shall be given at least 5 days prior to the date of payment as set forth in the citation.

      (ii) Upon receipt of the written notice of the intent to stand trial, the municipality shall forward to the District Court having venue a copy of the citation and the written notice.

      (iii) Upon receipt of the citation and the written notice, the District Court shall schedule the case for trial and notify the defendant of the trial date.

   (5) (i) If a person charged in a citation fails to pay the fine by the date of payment set forth on the citation and fails to deliver to the municipality the written notice of intent to stand trial, the person is liable for the assessed fine.

      (ii) The municipality 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.

      (iii) The District Court shall promptly schedule the case for trial and summons the defendant to appear.

      (iv) 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 made.

   (6) (i) 1. An enforcement officer may also serve a summons with a citation that requires the person to appear in District Court on a specified date and time.

         2. The summons shall specify that the person is not required to appear in District Court if the fine is paid as provided in the citation.

         3. If approved by the Chief Judge of the Maryland District Court, the citation form may contain the summons.

         4. The enforcement officer shall coordinate the selection of court dates with the appropriate District Court officials.

      (ii) If the defendant fails to pay the fine as provided in the citation and fails to appear in District Court as provided in the summons:

         1. The municipality may double the fine to an amount not to exceed $ 1,000; and

         2. The Court may enter judgment against the defendant in the amount then due if the proper demand for judgment on affidavit has been made.

   (7) If any person shall be found by the District Court to have committed a municipal infraction:

      (i) 1. The District Court shall order the person to pay the fine, including any doubling of the fine, not to exceed the limits under paragraph (2) of this subsection;

         2. The fines imposed shall constitute a judgment in favor of the municipality; and

         3. If the fine remains unpaid for 30 days following the date of its entry, the judgment shall be enforceable in the same manner and to the same extent as other civil judgments for money unless the Court has suspended or deferred the payment of the fine as provided under subparagraph (ii) of this paragraph;

      (ii) The District Court may suspend or defer the payment of any fine under conditions that the Court sets;

      (iii) The person shall be liable for the costs of the proceedings in the District Court; and

      (iv) The Court may order the person to abate the infraction or enter an order permitting a municipality to abate any such infraction at the person's expense.

   (8) (i) If a municipality abates an infraction pursuant to an order of the District Court, the municipality shall present the defendant with a bill for the cost of abatement by:

         1. Regular mail to the defendant's last known address; or

         2. Any other means that are reasonably calculated to bring the bill to the defendant's attention.

      (ii) If the defendant does not pay the bill within 30 days after presentment, upon a motion of the municipality, the District Court shall enter a judgment against the defendant for the cost of the abatement.

   (9) All fines, penalties, or forfeitures collected by the District Court for a municipal infraction shall be remitted to the municipality in which the infraction occurred.

   (10) If a defendant fails to pay any fine or cost imposed by the District Court without good cause, the District Court may punish the failure as contempt of court.

   (11) Adjudication of a municipal infraction, as defined in paragraph (1) of this subsection, is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.

   (12) In any proceeding for a municipal infraction:

      (i) It shall be the burden of the municipality to prove that the defendant has committed the infraction by clear and convincing evidence, and in any such proceeding, the District Court shall apply the evidentiary standards as prescribed by law or rule for the trial of civil causes;

      (ii) The District Court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

      (iii) The defendant shall be entitled to cross-examine all witnesses who appear against the defendant, to produce evidence or witnesses in the defendant's own behalf, or to testify in the defendant's own behalf, if the defendant elects to do so;

      (iv) The defendant shall be entitled to be represented by counsel of the defendant's own selection and at the defendant's own expense; and

      (v) The defendant may enter a plea of guilty or not guilty of the infraction as charged, and the verdict of the District Court shall be guilty of a municipal infraction or not guilty of a municipal infraction, or the District Court may, before rendering judgment, place the defendant on probation.

   (13) The court costs in a municipal infraction proceeding in which costs are imposed are $ 5. A defendant may not be liable for payment to the Criminal Injuries Compensation Fund.

   (14) The State's Attorney of any county is authorized to prosecute a municipal infraction and is authorized to enter a nolle prosequi in such cases or to place such cases on the stet docket.

   (15) Notwithstanding the provisions of paragraph (14) of this subsection, a municipality may designate an attorney to prosecute any municipal infraction in the same manner as the State's Attorney of any county.

HISTORY: An. Code, 1951, § 3; 1947, ch. 731, § 3; 1972, ch. 181, § 19; 1978, ch. 735; 1979, chs. 141, 267; 1981, chs. 544, 639; 1984, ch. 336; 1986, ch. 804; 1988, ch. 6, § 1; 1990, ch. 467; 1991, ch. 55, § 1; ch. 494; 1993, ch. 271; 1994, ch. 3, § 1; 1997, ch. 478; 1998, ch. 21, § 1; 1999, ch. 558; 2000, ch. 61, § 1; 2002, ch. 213, § 6; 2003, ch. 21, § 1; 2004, ch. 26, § 5.