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Ch. 271
1993 LAWS OF MARYLAND
Section 12-401
Annotated Code of Maryland
(1989 Replacement Volume and 1992 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL. ASSEMBLY OF
MARYLAND, That the Laws of Maryland 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 $1,000 and imprisonment for 6
months. Imprisonment in default of fine and costs shall be regulated by the provisions of
Article 38, § 4 of the Code.
(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 STATE law or ordinance]. 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. For purposes of this article a municipal infraction is a civil
offense.
(2) A FINE NOT TO EXCEED $1,000 MAY BE IMPOSED FOR EACH
MUNICIPAL INFRACTION. THE FINE IS PAYABLE TO THE MUNICIPALITY BY THE
PERSON CHARGED IN THE CITATION WITHIN 20 CALENDAR DAYS OF SERVICE OF
THE CITATION.
[(2)] (3) (i) Those officials authorized by the legislative body of the
municipality TO ACT AS ENFORCEMENT OFFICERS may [deliver] SERVE a citation
[to] ON any person [whom]:
1. WHOM they [adjudge to be] BELIEVE IS committing OR
HAS COMMITTED a municipal infraction [or on]; OR
2. ON the basis of an affidavit submitted to an appropriate
official of the municipality, to be named by the municipality, citing the facts of the alleged
[incident] INFRACTION.
(II) THE CITATION SHALL BE SERVED ON THE DEFENDANT BY:
1. PERSONAL DELIVERY TO THE DEFENDANT;
2. CERTIFIED MAIL, DELIVERY RESTRICTED TO THE
DEFENDANT; OR
3. IF, AFTER REASONABLE EFFORT, SERVICE CANNOT BE
MADE UNDER ITEM 1 OR 2 OF THIS SUBPARAGRAPH;
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