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H.B. 111
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VETOES
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1. IS AN ADMISSION OF LIABILITY;
2. MAY RESULT IN THE REFUSAL BY THE MOTOR VEHICLE
ADMINISTRATION TO REGISTER THE MOTOR VEHICLE; AND
3. MAY RESULT IN THE SUSPENSION OF THE MOTOR
VEHICLE REGISTRATION.
(2) THE DEPARTMENT MAY MAIL A WARNING NOTICE INSTEAD OF A
CITATION TO THE OWNER LIABLE UNDER SUBSECTION (D) OF THIS SECTION.
(3) EXCEPT AS PROVIDED IN SUBSECTION (G)(4) OF THIS SECTION, THE
DEPARTMENT MAY NOT MAIL A CITATION TO A PERSON WHO IS NOT AN OWNER.
(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 ADMISSIBLE 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
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![clear space](../../../images/clear.gif) |