PARRIS N. GLENDENING, Governor

Ch. 478

(1996 Replacement Volume)

BY repealing and reenacting, with amendments,
Article 66B - Zoning and Planning
Section 5.05 and 7.01
Annotated Code of Maryland
(1995 Replacement Volume and 1996 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. 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, § 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.

(3) (i) Those officials authorized by the legislative body of the
municipality to act as enforcement officers may serve a citation on any person:

1. Whom they believe is committing or has committed a
municipal infraction; 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
infraction.

(ii) The citation shall be served on the defendant:

1. In accordance with Rule 3-121 of the Maryland Rules; or

2. For real property-related violations, if proof is made by
affidavit that good faith efforts to serve the defendant under Rule 3-121(a) of the
Maryland Rules have not succeeded, by:

A. Regular mail to the defendant's last known address; and

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