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Session Laws, 1996
Volume 794, Page 2797   View pdf image
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PARRIS N. GLENDENING, Governor                             Ch. 458

(II) THE COUNTY MAY DOUBLE THE FINE TO AN AMOUNT NOT
EXCEEDING $1,000.

(III) THE DESIGNATED COUNTY OFFICIAL MAY REQUEST
ADJUDICATION OF THE CASE THROUGH THE DISTRICT COURT AND MAY FILE WITH

THE DISTRICT COURT A DEMAND FOR JUDGMENT ON AFFIDAVIT.

(IV) THE DISTRICT COURT SHALL SCHEDULE THE CASE FOR TRIAL
AND
SUMMON THE DEFENDANT TO APPEAR.

(V) THE DEFENDANTS FAILURE TO RESPOND TO THE SUMMONS
SHALL RESULT IN THE ENTRY OF A JUDGMENT IN FAVOR OF THE COUNTY.

(7) (I) IN A PROCEEDING BEFORE THE DISTRICT COURT, THE
VIOLATION SHALL BE PROSECUTED IN THE SAME MANNER AND TO THE SAME
EXTENT AS SET FORTH FOR MUNICIPAL INFRACTIONS UNDER ARTICLE 23A, § 3(B)
(12) THROUGH (1
4) OF THE ANNOTATED CODE OF MARYLAND.

(II) NOTWITHSTANDING ARTICLE 23A, §3(B)(14) OF THE
ANNOTATED CODE OF MARYLAND, THE COUNTY COMMISSIONERS MAY DESIGNATE
A COUNTY ATTORNEY TO PROSECUTE THE VIOLATION.

(8)     IF A PERSON IS FOUND BY THE DISTRICT COURT TO HAVE
COMMITTED A VIOLATION, THE PERSON
SHALL BE LIABLE FOR THE COSTS OF THE
PROCEEDINGS IN THE DISTRICT COURT.

(9)     ADJUDICATION OF A VIOLATION UNDER THIS SUBSECTION IS NOT A
CRIMINAL PROCEEDING, NOR DOES IT IMPOSE ANY CIVIL DISABILITIES ORDINARILY
IMPOSED BY A CRIMINAL CONVICTION.

2-409.

(A) NOTWITHSTANDING THE PROVISIONS OF $ 2-408 OF THIS SUBTITLE THE
COUNTY COMMISSIONERS MAY PROVIDE FOR THE ENFORCEMENT AND PROSECUTION OF
COUNTY ORDINANCES AS PROVIDED IN THIS SECTION.

(B) (1) THE COUNTY COMMISSIONERS MAY PROVIDE THAT VIOLATIONS OF ANY
ORDINANCE SHALL BE AN "INFRACTION" UNLESS THE VIOLATION IS DECLARED TO BE A
FELONY OR A MISDEMEANOR BY STATE LAW. IN ADDITION THE COUNTY
COMMISSIONERS MAY CLASSIFY AS AN "INFRACTION":

(I) A VIOLATION OF ANY ZONING OR LAND USE ORDINANCE OR
REGULATION AUTHORIZED TO BE ADOPTED OR ENACTED BY THE COUNTY
COMMISSIONERS; AND

(II) LITTERING WITHIN THE COUNTY AS PROHIBITED UNDER ARTICLE
27. § 468 OF THE CODE FOR PURPOSES OF THIS ARTICLE AN INFRACTION IS A CIVIL
OFFENSE.

(2) A FINE NOT TO EXCEED $1,000 MAY BE IMPOSED FOR EACH INFRACTION.
THE FINE IS PAYABLE TO THE COUNTY BY THE PERSON CHARGED IN THE CITATION
WITHIN 20 CALENDAR DAYS OF SERVICE OF THE CITATION.

- 2797 -

 

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Session Laws, 1996
Volume 794, Page 2797   View pdf image
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