2152
LAWS OF MARYLAND
Ch. 735
(90)] 90 days. Imprisonment in default of fine and costs
shall be regulated by the provisions of § 4 of Article 38 of
the Annotated Code [and any amendments thereof] AS AMENDED.
(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 OF A MISDEMEANOR BY LAW OR ORDINANCE. FOR
PURPOSES OF THIS ARTICLE A MUNICIPAL INFRACTION IS A CIVIL
OFFENSE.
(2) 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. A COPY OF THE CITATION SHALL BE RETAINED BY THE
ISSUING AUTHORITY AND SHALL BEAR HIS CERTIFICATION ATTESTING
TO THE TRUTH OF THE MATTER THEREIN SET FORTH. THE CITATION
SHALL ALSO CONTAIN:
(I) NAME AND ADDRESS OF THE PERSON
CHARGED;
(II) THE NATURE OF THE INFRACTION;
(III) THE LOCATION AND TIME THAT THE
INFRACTION OCCURRED;
(IV) THE AMOUNT OF THE INFRACTION FINE
ASSESSED;
(V) THE MANNER, LOCATION, AND TIME IN
WHICH THE FINE MAY BE PAID TO THE MUNICIPALITY; AND
(VI) THE PERSON'S RIGHT TO ELECT TO STAND
TRIAL FOR THE INFRACTION.
(3) A FINE NOT TO EXCEED $100 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. REPEAT
OFFENDERS MAY BE ASSESSED A FINE NOT TO EXCEED $200 FOR EACH
REPEAT OFFENSE.
(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 MUNICIPAL INFRACTIONS SHALL
BE REMITTED TO THE MUNICIPAL GOVERNMENT.
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