For the purposes of this Subtitle, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A violation of county law, ordinance or resolution which
has been designated a civil infraction by the County Commissioners
of Worcester County.
A person receiving a citation for a civil infraction.
(a)
Generally. Civil infractions shall be subject
to the provisions of Article 25B, § 13C, of the Annotated
Code of Maryland, and all procedures set forth therein shall govern,
except in the case of a civil infraction which is a violation of any
provision of the Zoning and Subdivision Control Article of this Code,
in which case it shall be governed by the provisions of Article 66B,
§§ 7.01 and 7.02, of the Annotated Code of Maryland,
as from time to time amended.
(b)
Nonexclusive remedy. Where a particular Code
section provides for a remedy in addition to a civil infraction, then
the conviction or admission of a civil infraction shall be in addition
to any other remedies therein, except conviction of a misdemeanor,
it being the intent hereof that the conviction or admission of a civil
infraction replace the conviction or an admission of a misdemeanor.
Where a license or permit may be revoked for a violation, it may be
revoked for conviction or admission of a civil infraction. The paying
or forfeiture of a fine shall be deemed in admission.
(c)
Continuing infractions. Where a violation
is deemed to be a civil infraction and is of a continuing nature,
then each day that it continues shall constitute a separate infraction.
(d)
Citations. Citations for civil infractions
may be issued by those county departments charged with enforcement
of the section which creates the civil infraction. Citations for civil
infractions may also be issued by any legally constituted law enforcement
officer, the Worcester County Sheriff or his deputies or by the County
Commissioners or the Administrative Director of the county when acting
on behalf of the County Commissioners. Any person to whom a citation
for a civil infraction may be issued shall, upon the request of any
person authorized to issue a citation for a civil infraction, truthfully
provide such information as may be necessary to complete the civil
infraction citation form. Failure to truthfully provide such information
in such cases shall constitute a misdemeanor, which shall be subject
to a fine not to exceed one thousand dollars and/or imprisonment for
up to six months.
(e)
Fines. A fine for a civil infraction may not
exceed five hundred dollars, except in the case of a repeat offense,
in which case it may not exceed one thousand dollars. Continuing infractions,
without limitation, may be repeat offenses.
The violation by a person of any provision of this Code or a
resolution adopted pursuant thereto shall constitute a civil infraction
where so provided in the Code.
[Added 10-24-2006 by Bill No. 06-12]
Municipalities may enact regulations in accordance with their
normal executive or legislative procedures to provide for prohibitions
or limitations on the use of municipally owned properties located
outside of municipal corporate boundaries. Such regulations if approved
by resolution by the County Commissioners, if conspicuously posted
on the property shall become County regulations and enforceable as
such and a violation thereof shall constitute a civil infraction;
provided, however, that any such regulation may be preempted by County
law, resolution, regulation or other action.
