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Session Laws, 1990 Session
Volume 436, Page 1904   View pdf image (33K)
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Ch, 467 LAWS OF MARYLAND
3.

(b) (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 law or ordinance. 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
Article 27, Section 468, of the Code. For purposes of this article a municipal infraction
is a civil offense.

(2) (i) Those officials authorized by the legislative body of the
municipality may deliver a citation to any person whom they adjudge to be committing
a municipal infraction or 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
incident.

(ii) The issuing authority shall retain a copy of the citation which
shall contain:

1. The issuing authority'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;
and

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

(3) A fine not to exceed $400 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.

(4) A person receiving the citation for a municipal infraction may elect to
stand trial for the offense by notifying the municipality of his intention of standing trial.
The notice shall be given at least 5 days prior to the date of payment as set forth in the
citation. Upon receipt of the notice of the intention to stand trial, the municipality 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. All fines, penalties, or forfeitures collected by the District Court for violations of

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Session Laws, 1990 Session
Volume 436, Page 1904   View pdf image (33K)
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