HARRY HUGHES, Governor
2233
Article 23A - Corporations - Municipal
Section 3(a) and (b)(1)
Annotated Code of Maryland
(1973 Replacement Volume and 1980 Supplement)
BY repealing and reenacting, with amendments,
Article 66B - Zoning and Planning
Section 7.01(a)
Annotated Code of Maryland
(1978 Replacement Volume and 1980 Supplement)
BY repealing and reenacting, with amendments,
Article 66D - Maryland National Capital Park and
Planning Commission
Section 8-112.1(a)
Annotated Code of Maryland
(1978 Replacement Volume and 1980 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:
Article 23A - Corporations - Municipal
(a) 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 $500
and imprisonment for 90 days. Imprisonment in default of
fine and costs shall be regulated by the provisions of [§ 4
of] Article 38, § 4 of the [Annotated] Code [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 or a misdemeanor by law or ordinance. However,
the legislative body of a municipality may classify A
VIOLATION OF ANY ZONING ORDINANCE OR ADOPTED IN
THE MUNICIPALITY PURSUANT TO ARTICLE 66B OF THE CODE OR
ARTICLE 66D, § 8-112.1 OF THE CODE, OR littering within the
municipality, as prohibited under Article 27, Section 468 of
the Code, as a "municipal infraction" under this section.
[However] 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[,
as a "municipal infraction" under this section]. For
purposes of this article a municipal infraction is a civil
offense.
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