[Adopted 12-18-1997 by Ord. No. O-97-9 (Ch. 1, Art. IV, of
the 1997 Town Code)]
When the provisions of this Code provide for a fine, prison
term, or other penalty, or when by its terms a section makes the doing
of an act or the failure to do an act a violation of the provisions
of that section, or when the provisions of a section indicate that
violation of its terms is a misdemeanor or a municipal infraction,
then the violation of those provisions is a violation of the municipal
laws of Chesapeake Beach, Maryland, and the penalty and enforcement
provisions of this article, as well as the penalty and enforcement
provisions of individual sections of this Code, shall be in effect.
[Amended 9-17-2009 by Ord. No. O-09-4]
A.
When the violation of the provisions of this Code are to result in
the offending party being subject to prosecution for a municipal infraction
or misdemeanor, that section, article or chapter of the Code shall
specify whether such violation is to be a misdemeanor or a municipal
infraction, and shall provide the penalty for such violations.
B.
Notwithstanding the provisions of Subsection A of this section, whenever in this Code or in any ordinance of the Town an act is prohibited or is made or declared to be a misdemeanor, where no specific penalty is provided therefor, the violator of any such provision of this Code or any ordinance shall be punished by a fine not to exceed $500 or imprisonment for 30 days, or both. Each day any violation of any provision of this Code or of any ordinance continues shall constitute a separate offense.
C.
Whenever in this Code or in any ordinance of the Town an act has
been declared a municipal infraction and no specific penalty is provided
therefor, the violator of any such provision of this Code or any ordinance
shall be punished by a fine of $100 for the first offense and $200
for every subsequent offense. Each day any violation of any provision
of this Code or of any ordinance shall continue shall constitute a
separate offense.
[Amended 8-19-2010 by Ord. No. O-10-12]
The Mayor shall appoint persons under his authority to issue
citations for misdemeanors and municipal infractions. The appointed
person(s) shall, under the supervision of the Mayor, be responsible
for issuing a citation in the form provided for by the Chief Clerk
of the District Court of Maryland. The issuance of such citations
shall include the appropriate fine or potential penalty which may
be imposed, as set forth in the section, article or chapter of the
Code which the offending party violated. The fine is payable by the
recipient of the citation, at Town Hall, within 15 calendar days of
receipt of the citation. If the person charged in the citation fails
to pay the fine within 15 days and fails to deliver to the Town written
notice of intent to stand trial, the person is liable for the assessed
fine. The fine shall then be doubled, up to an amount not to exceed
$1,000, and the Town shall request adjudication of the case through
the District Court.
The Treasurer shall be responsible for receiving all funds remitted
to the Town for the payment of fines. The funds shall be assigned
to the general fund for that year's budget.
In addition to the fines and penalties described in the various
sections of this Code, the Mayor and the Town Council of Chesapeake
Beach may avail themselves of any and all legal and equitable remedies
for the purpose of preventing, suppressing, punishing, or halting
the violation of any provision of this Code, including offenses of
a continuous nature, as may be allowed by the laws of the State of
Maryland or the Town Charter.
