2490

LAWS OF MARYLAND

Ch. 639

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be repealed, amended, or enacted to read as follows: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

3.

(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 REGULATION 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.

Article 66B - Zoning and Planning

(a) (1) {The} A local legislative body may provide by
ordinance for the enforcement of this article and of any
ordinance or regulation made [thereunder] UNDER IT.

(2) A MUNICIPAL CORPORATION MAY DECLARE ANY
VIOLATION OF THIS ARTICLE AND OF ANY ORDINANCE OR REGULATION
MADE UNDER IT TO BE A MUNICIPAL INFRACTION.

(3) UNLESS DECLARED TO BE A MUNICIPAL

INFRACTION, ANY violation of this article or [such] ANY
ordinance or regulation MADE UNDER IT is [hereby] declared to
be] a misdemeanor, and [such] A local legislative body may
provide for the punishment [thereof] OF SUCH VIOLATIONS by
fine or imprisonment or both.