[Adopted 12-16-2010 by Ord. No. O-10-18 (Ch. 45, Art. II,
of the 1997 Town Code)]
As used in this article, the following words shall have the
meanings indicated:
The registered owner of a motor vehicle or a lessee of a
motor vehicle under a lease of six months or more, except that "owner"
does not include:
An image recorded by a speed monitoring system on a photograph,
a microphotograph, an electronic image, a videotape, or any other
medium, and showing:
The Calvert County Sheriff's Office.
A device with one or more motor vehicle sensors producing
recorded images of motor vehicles traveling at speeds at least 12
miles per hour above the posted speed limit.
A representative of the Sheriff or a contractor that operates
a speed monitoring system.
The Town Council hereby designates the Calvert County Sheriff's
Office to implement the provisions of this article.
The Town Council, by resolution, following reasonable notice
to the public and a public hearing, may establish a school zone on
any road under the Town's jurisdiction and on any state highway
in the Town with the approval of the State Highway Administration
within 1/2 mile of a school and, for any school zone so established,
shall set a maximum speed limit, provided that the designation of
such school zone and the maximum speed limit set for such zone shall
not become effective until the Town installs signs designating the
school zone and indicating the maximum speed limit applicable in the
school zone. In addition to these required signs, the Town may install
or erect additional traffic control devices in a designated school
zone, including timed flashing warning lights and a speed monitoring
system.
A.
Before activating an unmanned stationary speed monitoring system,
the Town Administrator or his designee shall:
B.
A speed monitoring system in a school zone may operate only Monday
through Friday between 6:00 a.m. and 8:00 p.m.
C.
A speed monitoring system operator shall:
(1)
Complete training by a manufacturer of speed monitoring systems in
the procedures for setting up and operating the speed monitoring system.
(2)
Fill out and sign a daily set-up log for a speed monitoring system
that states that the speed monitoring system operator successfully
performed the manufacturer-specified self-test of the speed monitoring
system prior to producing a recorded image.
D.
A speed monitoring system manufacturer shall issue a signed certificate
to the speed monitoring system operator on completion of the training,
which certificate shall be admitted as evidence in any court proceeding
for a violation of this section.
E.
Annual calibration check.
(1)
A speed monitoring system shall undergo an annual calibration check
performed by an independent calibration laboratory.
(2)
The independent calibration laboratory shall issue a signed certificate
of calibration after the annual calibration check, which shall be
kept on file and shall be admitted as evidence in any court proceeding
for a violation of this section.
F.
Violations and penalties.
(1)
Unless a driver of a motor vehicle received a citation from the Sheriff or his duly sworn deputy at the time of a violation, the owner or, in accordance with Subsection I(4) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a speed monitoring system while being operated at least 12 miles per hour above the posted speed limit.
(2)
The penalty for a violation established by a speed monitoring system
under this subsection shall be $40.
G.
Citations and warning notices.
(1)
Subject to the provisions of Subsection G(2) through (4) of this subsection, the Sheriff shall mail to an owner liable under Subsection F of this section a citation, upon a form prescribed by the District Court of Maryland, that shall include the information required by Transportation Article, § 21-809, of the Annotated Code of Maryland.
(2)
The Sheriff may mail a warning notice instead of a citation to the owner liable under Subsection F of this section and, for a period of 30 days after the Town installs the first speed monitoring system, the Sheriff shall mail only a warning notice and may not issue a citation.
(3)
Except as provided in Subsection I(4) of this section, the Town may not mail a citation to a person who is not an owner.
H.
Evidence and adjudication of liability.
(1)
A certificate alleging that the violation of this section occurred
and satisfying the requirements of the Transportation Article, § 21-809(e)(1),
of the Annotated Code of Maryland shall be evidence of the facts contained
in the certificate and shall be admissible in a proceeding alleging
a violation under this section without the presence or testimony of
the speed monitoring system operator.
(2)
If a person who received a citation under Subsection F of this section desires the speed monitoring system operator to be present and testify at trial, the person shall notify the court and the state in writing no later than 20 days before trial.
(3)
Adjudication of liability shall be based on a preponderance of evidence.
I.
Defenses.
(1)
Pursuant to the Transportation Article, § 21-809, of the
Annotated Code of Maryland, the District Court may consider in defense
of a violation:
(a)
Subject to Subsection I(2) of this subsection, that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;
(b)
Subject to Subsection I(3) of this subsection, evidence that the person named in the citation was not operating the vehicle at the time of the violation; and
(c)
Any other issues and evidence that the District Court deems
pertinent.
(2)
To demonstrate that the motor vehicle or the registration plates
were stolen before the violation occurred and were not under the control
or possession of the owner at the time of the violation, the owner
shall submit proof that a police report regarding the stolen motor
vehicle or registration plates was filed in a timely manner.
(3)
To satisfy the evidentiary burden under Subsection I(1)(b) of this subsection, the person named in the citation shall provide to the District Court a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:
(4)
Identification of operator of vehicle.
(a)
If the District Court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence under Subsection I(3) of this subsection identifying the person driving the vehicle at the time of the violation, the Clerk of the Court shall provide to the Sheriff a copy of any evidence substantiating who was operating the vehicle at the time of the violation.
J.
Pursuant to Transportation Article, § 21-809, of the Annotated
Code of Maryland, if a person liable under this section does not pay
the civil penalty or contest the violation, the Maryland Motor Vehicle
Administration may:
K.
Pursuant to Transportation Article, § 21-809, of the Annotated
Code of Maryland, a violation for which a civil penalty is imposed
under this section:
(1)
Is not a moving violation for the purpose of assessing points under
Transportation Article, § 16-402;
(2)
May not be recorded by the Motor Vehicle Administration on the driving
record of the owner or driver of the vehicle;
(3)
May be treated as a parking violation for purposes of Transportation
Article, § 26-305; and
(4)
May not be considered in the provision of motor vehicle insurance
coverage.
