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Session Laws, 1997
Volume 795, Page 2807   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 478

(b) A violation of any ordinance or regulation made under this section is a
misdemeanor, and the County Commissioners may provide for punishment by fine or
imprisonment or both.

[(c) The County Commissioners for St. Mary's County may provide a civil penalty
for sedimentation control violations which shall be enforced as provided in this section.

(d) A county employee with the duty of enforcing the sedimentation control
ordinance may deliver a citation to a person believed to be committing a violation thereof.
A copy of the citation shall be retained by the county employee and shall include a
certification attesting to the truth of the matters set forth. The citation shall contain:

(1) The name and address of the person charged;

(2) The nature of the violation;

(3) The place and time of the violation;

(4) The amount of the fine assessed;

(5) The manner, location, and time in which the fine may be paid; and
. (6) The person's right to elect to stand trial for the violation.

(e) A preset fine, not to exceed $500, may be imposed for each violation. The
County Commissioners may establish a schedule of fines for each violation and may adopt
procedures for collection of these fines.

(f) (1) A person who receives a citation may elect to stand trial for the offense
by filing with the county employee with the duty of enforcing the sedimentation control
ordinance a notice of intention to stand trial.

(2) The notice shall be given at least 5 days before the date of payment as
set forth in the citation.

(3) On receipt of the notice of intention to stand trial, the county employee
shall forward to the District Court having venue, a copy of the citation, and the notice of
intention to stand trial.

(4) On receipt of the citation, the District Court shall schedule the case for
trial and notify the defendant of the trial date.

(5) All fines, penalties, or forfeitures collected by the District Court for
sedimentation control violations shall be remitted to St. Mary's County.]

(C) THE COUNTY COMMISSIONERS MAY PROVIDE FOR A CIVIL PENALTY FOR
VIOLATION OF ANY ORDINANCE, RULE, OR REGULATION ENACTED UNDER THIS
SECTION. IN A PROCEEDING BEFORE THE DISTRICT COURT, THE VIOLATION SHALL
BE ENFORCED IN THE SAME MANNER AND TO THE SAME EXTENT AS SET FORTH FOR
MUNICIPAL INFRACTIONS IN ARTICLE 23A § 3(B) OF THE CODE

[(g)] (D) In addition to all other remedies provided by this section, St. Mary's
County has the right of ex parte injunctive relief against a violator requiring correction or
elimination of any violation.

- 2807 -

 

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Session Laws, 1997
Volume 795, Page 2807   View pdf image
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