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ROBERT L. EHRLICH, JR., Governor S.B. 312
(4) EXCEPT AS PROVIDED IN SUBSECTION (G)(4) OF THIS SECTION, A
CITATION ISSUED UNDER THIS SECTION SHALL BE MAILED NO LATER THAN 2 WEEKS
AFTER THE ALLEGED VIOLATION.
(5) A PERSON WHO RECEIVES A CITATION UNDER PARAGRAPH (1) OF
THIS SUBSECTION MAY:
(I) PAY THE CIVIL PENALTY, IN ACCORDANCE WITH THE
INSTRUCTIONS ON THE CITATION, DIRECTLY TO BALTIMORE CITY OR THE DISTRICT
COURT; OR
(II) ELECT TO STAND TRIAL IN THE DISTRICT COURT FOR THE
ALLEGED VIOLATION.
(F) (1) A CERTIFICATE ALLEGING THAT A VIOLATION OF THE STATE LITTER
CONTROL LAW OR A LOCAL LAW OR ORDINANCE RELATING TO THE UNLAWFUL
DISPOSAL OF LITTER OCCURRED, SWORN TO OR AFFIRMED BY A DULY AUTHORIZED
AGENT OF THE DEPARTMENT, BASED ON INSPECTION OF SURVEILLANCE IMAGES
PRODUCED BY A SURVEILLANCE SYSTEM, SHALL BE EVIDENCE OF THE FACTS
CONTAINED IN THE CERTIFICATE AND SHALL BE ADMISSABLE IN A PROCEEDING
ALLEGING A VIOLATION UNDER THIS SECTION.
(2) ADJUDICATION OF LIABILITY SHALL BE BASED ON A
PREPONDERANCE OF THE EVIDENCE.
(G) (1) THE DISTRICT COURT MAY CONSIDER IN DEFENSE OF A VIOLATION:
(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THAT:
1. THE MOTOR VEHICLE WAS STOLEN BEFORE THE
VIOLATION OCCURRED AND WAS NOT UNDER THE CONTROL OR POSSESSION OF THE
OWNER AT THE TIME OF THE VIOLATION; OR
2. THE REGISTRATION PLATES OF THE MOTOR VEHICLE
WERE STOLEN BEFORE THE VIOLATION OCCURRED AND WERE NOT UNDER THE
CONTROL OR POSSESSION OF THE OWNER AT THE TIME OF THE VIOLATION;
(II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, EVIDENCE
THAT THE PERSON NAMED IN THE CITATION WAS NOT THE PERSON IN THE
SURVEILLANCE IMAGE COMMITTING THE VIOLATION OF THE STATE LITTER
CONTROL LAW OR A LOCAL LAW OR ORDINANCE RELATING TO THE UNLAWFUL
DISPOSAL OF LITTER; AND
(III) ANY OTHER ISSUES AND EVIDENCE THAT THE DISTRICT COURT
DEEMS PERTINENT.
(2) IN ORDER TO ASSERT A DEFENSE UNDER PARAGRAPH (1)(I) OF THIS
SUBSECTION, THE OWNER SHALL SUBMIT PROOF THAT A POLICE REPORT
REGARDING THE STOLEN MOTOR VEHICLE OR REGISTRATION PLATES WAS FILED IN
A TIMELY MANNER.
(3) IN ORDER TO SATISFY THE EVIDENTIARY BURDEN UNDER
PARAGRAPH (1)(II) OF THIS SUBSECTION, THE PERSON NAMED IN THE CITATION
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