1976

LAWS OF MARYLAND

Ch. 715

OCCASIONS CONSTITUTES A MISDEMEANOR.

18.   ENFORCEMENT

(A)    CIVIL REMEDIES.

(1)    THE CIRCUIT COURTS OF THIS STATE HAVE
JURISDICTION OVER ANY CIVIL ACTION BROUGHT TO ENFORCE THE
PROVISIONS OF THIS SUBTITLE.

(2)    ANY PERSON DENIED THE RIGHTS CONFERRED
BY THIS SUBTITLE MAY COMMENCE A CIVIL ACTION BY
PETITIONING FOR MANDAMUS, INJUNCTION, OR OTHER
APPROPRIATE REMEDY IN ANY COURT OF COMPETENT
JURISDICTION. THE COURT SHALL HEAR THE PETITION WITHIN
SEVEN DAYS FROM THE TIME IT IS MADE [[AND SHALL ORDER
PAYMENT OF REASONABLE ATTORNEY FEES AND COURT COSTS TO A
SUCCESSFUL PLAINTIFF IN A SUIT BROUGHT UNDER ACTION]].

(3)    IT IS NOT NECESSARY FOR THE PLAINTIFF TO
ALLEGE OR PROVE AN IRREPARABLE INJURY OR INJURY
DIFFERENT FROM THE PUBLIC AT LARGE. VIOLATION OF THIS
SUBTITLE IS AN INJURY TO THE PUBLIC AT LARGE.

(4)    THE COURT SHALL RENDER A DECREE GRANTING
OR DENYING ALL OR PART OF THE RELIEF PRAYED FOR,
DETERMINING THE RIGHTS OF THE PARTIES AS TO ATTORNEY'S
FEES AND COSTS, AND DETERMINING THE EFFECT OF ANY ACTION
ALLEGED TO BE IN VIOLATION OF THIS SUBTITLE.

(5)    THE PROVISIONS OF THIS SUBTITLE APPLY TO
CONDUCT AND ACTIONS OCCURRING AFTER JULY 1, 1976; AND A
PARTY SHALL COMMENCE AN ACTION WITHIN ONE YEAR OF THE
ALLEGED VIOLATION.

(B)    ANY PERSON WHO WILFULLY VIOLATES THIS SUBTITLE
IS GUILTY OF A MISDEMEANOR AND PUNISHABLE BY A FINE NOT
TO EXCEED $1,000 OR IMPRISONMENT NOT TO EXCEED ONE YEAR,
OR BOTH. WHERE A CIVIL DECREE FINDING THE [[DEFENDENT]]
DEFENDANT IN VIOLATION OF THE PROVISIONS OF THIS
SUBTITLE IS NOT ENTERED ON AT LEAST [[TWO OCCASIONS]] ONE
OCCASION PRIOR TO THE OCCURRENCE OF THE ALLEGED
MISDEMEANOR, A VIOLATION OF THIS SUBTITLE IS PRESUMED NOT
TO BE WILFUL.

19.       NONCOMPLIANCE

ACTION TAKEN AT A MEETING NOT IN CONFORMITY WITH
THIS SUBTITLE [[IS NULL AND VOID]] MAY BE DECLARED NULL
AND VOID, AT THE DISCRETION OF THE COURT.

20.       CONFLICT OF LAW

IF THE PROVISIONS OF THIS SUBTITLE CONFLICT WITH ANY
OTHER STATUTE, ORDINANCE, REGULATION OR RULE, THE
PROVISIONS OF THIS SUBTITLE SHALL CONTROL, UNLESS THE
PROVISIONS OF EXISTING LAW ARE MORE STRINGENT.