Town of Forest Heights, MD
Prince Georges County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Approved 1-16-1980, effective 1-16-1980. Amendments noted where applicable.]

Section 13.1 Public playgrounds and parks.

It shall be unlawful for any person or persons to loiter, assemble or use any public park and/or recreation area in the Town between the hours of 9:00 p.m. and 8:00 a.m. local time, or as otherwise posted. Exceptions to this section are permissible only by written permit properly dated and approved by the Town Council.

Section 13.2 Defacing or damaging plantings.

It shall be unlawful for any person or persons to purposely damage or deface by cutting, breaking, or otherwise damaging any tree, shrub or planting along the sidewalks, the public rights-of-way or other public areas within the Town.

Section 13.3 Indecent or unlawful states of attire or undress in public. [1]

[Added 11-3-2014 by Ord. No. 05-14]
A. 
Requirements. It shall be unlawful for any person to knowingly and intentionally appear in a state of nudity or in an indecent or lewd dress or garment in public, or to make any indecent or unnecessary exposure of his or her person in public view on public property, or to appear in any public place, store or business within the Town of Forest Heights wearing any of the following:
(1) 
Short or long pants, a skirt or other garments more than three inches below the top of the waistline (i.e., interpreted to mean at a level below the crest of the ilium) exposing skin or undergarments, and showing any portion of the person's pubic hair, cleft of the buttocks, anus, vulva or genitals.
(2) 
Blouse, shirt, bikini top, dress, leotard, or similar wearing apparel consisting of transparent or semi-transparent (i.e., sheer, or see-through) materials, such as nylon, fishnet, lace or other materials exposing the whole or any portion of the areola of the human female breast.
B. 
Definitions. For purposes of this section, the following terms shall have the meanings indicated:
PUBLIC PLACE
An enclosed area to which the public is invited or in which the public is permitted to conduct business, such as a gas station, convenience store, restaurant, or other retail or service establishment, whether privately or publically owned, that is not a business establishment or similar venue licensed and permitted to sell or provide adult entertainment as defined in Section 27-107.01 of the Prince George's County Code or perform bona fide theatrical performances as stated hereinabove.
PUBLIC PROPERTY
Any real property owned or leased by the Town and any public park, street, alley or sidewalk located within the Town boundaries. However, this section is not intended to apply to private property and places (e.g., restrooms or places where women are permitted to nurse infants), public property not owned or leased by the Town (except public parks, streets and sidewalks), and bona fide theatrical performances occurring in theaters or other property specifically intended and permitted to be used for such performances.
C. 
Warnings. Violation of this section shall be addressed by a Town law enforcement officer or code enforcement officer, by advising the offender of the requirements herein, requesting compliance by either altering his or her dress, or immediately and peaceably, exiting the public view on public property or a public place.
D. 
Request not required. If the offender has been previously advised of the requirements of this section by a Town law enforcement officer or code enforcement officer and has been found to be intentionally or knowingly in violation at a later time or subsequent date, the provisions of Subsection C shall not apply as a prerequisite to action being taken under Subsection E herein.
E. 
Consequences of failure to comply with request. If a request or warning as outlined in Subsection C of this section does not result in immediate, peaceful compliance, or the offender has been previously advised of the requirements of this ordinance section by a law enforcement officer or code enforcement officer such that he or she is in knowing or intentional violation of the requirements herein, a citation for violation of this section shall be issued. In addition to issuance of a citation, the offender shall be escorted or removed from the public property or public place unless the law enforcement officer has determined good cause to allow such offender to remain, conditioned upon full compliance with Subsection A herein.
F. 
Penalty. Any person violating the provisions of this section shall be guilty of a municipal infraction and shall, upon conviction, be fined not more than $25 for the first offense. Repeat offenders may be assessed a fine not to exceed $50 for each repeat offense. However, before any person is cited for violating this section, by a law or code enforcement officer, the person shall be given a verbal warning of the violation and an opportunity to come into immediate compliance with this section unless the person has been previously issued a warning for the same or a prior dress incident. If the person comes into immediate compliance, no civil citation shall be issued.
[1]
Editor's Note: Former Section 136.3, Penalty, was removed at the direction of the Town pursuant to Em. Ord. No. 08-14, adopted 8-4-2014.

Section 13.4 Obscene performances in licensed establishments.

It shall be unlawful for any of the following to occur or to take place on the premises of any restaurant, bar, tavern, club, cabaret, or any other establishment wherein alcoholic beverages and/or intoxicating liquors are offered for sale:
A. 
With respect to attire and conduct:
(1) 
Employment or use of any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
(2) 
Employment or use of the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in Subsection A above.
(3) 
Encouragement of or permitting any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.
(4) 
Permitting any employee or person to wear or use any device or covering exposed to view, which stimulates the breast, genitals, anus, pubic hair or any portion thereof.
B. 
With respect to entertainment provided:
(1) 
Permitting any person to perform acts of or acts which stimulate:
(I) 
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
(II) 
The touching, caressing or fondling of the breast, buttocks, anus or genitals.
(III) 
The displaying of the pubic hair, anus, vulva or genitals.
(2) 
Permitting any person to use artificial devices or inanimate objects to depict, perform or stimulate any activity prohibited by subparagraph (a) above.
(3) 
Exhibiting or showing any motion picture film, still picture, electronic reproduction or other visual reproduction depicting:
(I) 
Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
(II) 
Any person being touched, caressed, or fondled on the breast, buttocks, anus or genitals.
(III) 
Scenes wherein a person displays the vulva and anus or the genitals.
(IV) 
Scenes wherein artificial devices or inanimate objects are employed to depict or drawings are employed to portray, any of the prohibited activities described above.
(4) 
Permitting any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus.
(5) 
No provision of this section shall be deemed to permit any conduct or form of attire prohibited by any other provision of statute, ordinance, rule or regulation in the Town of Forest Heights.
C. 
Any person violating the provisions of this section shall be guilty of an infraction and shall, upon conviction, be fined not more than $100 for the first offense. Repeat offenders may be assessed a fine not to exceed $200 for each repeat offense.

Section 13.5 Obscene performances in the Town of Forest Heights, Maryland.

A. 
Any person who as actor, dancer, owner, manager, producer, director or agent or in any other capacity, prepares, gives, directs, presents, performs or participates in any obscene performance, exhibition, drama, play, show, dancing exhibition, tableau, or entertainment in which live persons perform or participate in an obscene manner in the presence of any other person or persons who have paid a consideration of any types whatsoever to observe the exhibition or performance; and
B. 
Every owner, lessee, or manager of any theatre, garden, building, room, place or structure, who knowingly permits the same to be used for the purpose of any such exhibition as enumerated in Subsection A hereof, or who assents to its use for any such purpose shall be guilty of an infraction and shall be fined in the amount not to exceed $100 for the first offense. Repeat offenders may be assessed a fine not to exceed $200 for each repeat offense.
C. 
For the purpose of this section, an obscene performance, exhibition, drama, play, show, dancing exhibition, tableau or entertainment shall be defined as one in which the dominant theme of the same, when taken as a whole, appeals to prurient interest in sex of the audience, affronts contemporary community standards relating to representation of sexual matters and is utterly without redeeming social value.

Section 13.6 Hazardous conduct.

It shall be unlawful and deemed hazardous conduct for any person without proper state licensing and/or a medical prescription to possess, consume, or distribute any drug or drug paraphernalia within the Town of Forest Heights. Any person arrested within the Town of Forest Heights for any drug related offense under this section deemed a misdemeanor or felony by the State of Maryland shall be guilty of a hazardous conduct municipal infraction and shall be fined $1,000. In the case of a minor, said minor child's parent(s) or guardian(s) shall be directly liable for satisfying the applicable fine.

Section 13.7 Juvenile curfew.

[Added 9-21-2011 by Ord. No. 16-11]
A. 
Except as further amended by this section, the Prince George's County Juvenile Curfew Ordinance adopted into law as County Bill 103-1995, as codified in the Prince George's County Code, Section 14-101 et seq., and amended from time to time is hereby adopted by reference herein as if it was written word for word in this section.
B. 
Unless otherwise appropriate, any references made to a county official, agency or police officer made in the county ordinance referenced in Subsection A and adopted by reference herein shall be construed to mean a Town of Forest Heights official, agency or police officer.
C. 
The penalties found in Section 14-106.01 of the County Code as adopted by reference herein shall be a municipal infraction pursuant to Article 23A, § 3 of the state code and Article 23 of the Town Code, as previously adopted by Emergency Ordinance 02-10.

Section 13.8 Unauthorized placement of signs on state highways.

[Added 11-30-2011 by Ord. No. 18-11]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATION
The State Highway Administration.
COMMERCIAL SIGN
A sign that references or directs the attention of the public to a business, commodity, service, sale or sales event, or other commercial activity. "Commercial sign" does not include election signs, temporary signs pertaining to fundraising activities for nonprofit organizations, or temporary yard sale signs. Signs may be freestanding or attached to another object.
PERSON
An individual, agent, or representative of any kind and any partnership, firm, association, public or private corporation, or other entity.
SIGN REMOVAL PROGRAM
The program and policies for the implementation of this section and shall be deemed initiated upon the effective date of this section.
STATE HIGHWAY or STATE RIGHT-OF-WAY
A highway owned and maintained by the Administration whether title is vested in fee simple, express or prescriptive easement, license or any other interest in real property.
TOWN
The Town of Forest Heights, a body corporate and a municipal corporation formed under the laws of Maryland.
WARNING PERIOD
The initial three-month period immediately following the effective date of this section.
B. 
Purpose and authority.
(1) 
According to Subsection 8-605(f) of the Transportation Article of the Annotated Code of Maryland, except for a sign placed or maintained by the Administration or with the authorization of said agency, a person may not place or maintain a sign or direct, consent to, or approve the placement or maintenance of a sign within the state highway right-of-way.
(2) 
Without resort to legal proceedings, a sign placed or maintained in violation of said Subsection 8-605(f) may be removed and destroyed by the Administration, a law enforcement officer, or properly designated official of the government of the county or municipal corporation in which the sign was located.
(3) 
Although a Town police officer, the Town Code Enforcement Officer or other duly authorized officials of the Town are authorized to remove and destroy any unauthorized commercial or noncommercial sign located within or on the state highway right-of-way, the civil penalty stated in this section shall apply only to commercial signs.
C. 
Unauthorized placement of signs; penalty for commercial signs.
(1) 
A person shall not place or maintain a sign or direct, consent to, or approve the placement or maintenance of a sign within the state highway right-of-way located within the corporate limits of the Town.
(2) 
After the initial warning period, any person who places or maintains a commercial sign within the right-of-way of a state highway in violation of this section or otherwise in violation of said Subsection 8-605(f) is subject to a civil penalty not to exceed $25 per commercial sign, which if not paid after being cited and assessed by a Town police officer or other duly designated official, may be recovered in a civil action in the District Court by the Town Attorney.
(3) 
The Town shall retain any civil penalties it collects under this section as authorized by said Subsection 8-605(f) and this section.
(4) 
A person who places or maintains an unauthorized sign in the state right-of-way shall have no right to reclaim or obtain custody of said sign, which sign shall be disposed of or recycled by the Town.
D. 
Presumption; evidence.
(1) 
For the purposes of enforcing this section, the presence of a sign within a state highway right-of-way shall be evidence that the sign was placed or maintained at the direction of, or with the consent and approval of, the person or person's agent or representative in the state whose name, business, location or product representation is displayed on the sign.
(2) 
A Town police officer, the Town Code Enforcement Officer or other duly authorized official shall take and maintain on file photograph(s) of any unauthorized signs subject to enforcement pursuant to this section for documentation prior to their removal and disposal.
E. 
Warning period; enforcement basis; procedures; reports.
(1) 
A Town police officer, the Town Code Enforcement Officer or other duly designated official may enforce this section only by the issuance of a warning letter during the first three months after initiating the sign removal program.
(2) 
A Town police officer, the Town Code Enforcement Officer or other duly designated official shall enforce this section only on a viewpoint- and content-neutral basis.
(3) 
In lieu of issuing a citation form, a Town police officer, the Town Code Enforcement Officer or other duly authorized official shall complete and place on file with the Chief of Police or his designee an unauthorized sign removal report including a photograph or photographs of said sign displaying the written or other content of the sign and the placement of the sign in relation to the boundaries of the right-of-way, and the improved portion of the right-of-way, with the following information:
(a) 
Company or person's name;
(b) 
Location of sign(s);
(c) 
Any phone numbers printed on the sign;
(d) 
Date(s) sign was found, photographed and removed;
(e) 
Number of signs of same company or person removed;
(f) 
Name and signature of officer or official who removed the sign(s); and
(g) 
Any other relevant information pertaining to the case.
(4) 
The Chief of Police or his designee shall forward said unauthorized sign removal report to the Town Treasurer, or another official designated by the Mayor, who shall generate a citation and assessment of penalty letter with an invoice to be mailed to the commercial entity's or person's address demanding payment of the penalty or penalties for one or more commercial signs and further describing any applicable late fees that may accrue.
(5) 
Said citation and assessment of penalty letter shall state the statutory and ordinance authority of the assessed penalty and shall include a copy of the unauthorized sign removal report and photograph(s) referenced herein.
(6) 
In addition to the civil penalty stated herein, the Mayor may authorize the Town Attorney to seek any other judicial relief permitted by law, including but not limited to injunctive relief.
(7) 
At least once annually from the effective date of this section, the Chief of Police, in coordination with the Treasurer, shall report to the Council the number of signs removed from the state right-of-way and any civil fines or fees collected.
F. 
Late fees. In addition to the civil penalty established by this section as authorized by state law, the Town is further authorized to charge or levy a late fee of $10 for any invoice issued for an illegal or unauthorized commercial sign and not paid by the responsible party within 30 days of the due date printed on the invoice as described in this subsection. The Council shall have the authority to change or modify any late fees levied pursuant to this section by written resolution adopted from time to time.

Section 13.9 Nuisances, generally and specified.

[Added 8-4-2014 by Em. Ord. No. 08-14]
A. 
Intent. Various nuisances, Ordinance Code violations and municipal infractions are defined and prohibited in this and other articles and sections of this Code, and it is the intent of the Town Council in enacting this section to make it supplemental to those other sections where nuisances are defined; by defining in this section certain Code violations and municipal infractions as nuisances; and by granting the Town and its officials with supplemental powers pursuant to the provisions of this section relating to the abatement of nuisances and procedures for the abatement of nuisances in those instances where other methods and procedures for abatement are provided. This section shall be administered and enforced by the Mayor, the Chief of Police, designated Code Enforcement Officers and other staff or officials designated by the Mayor and Town Council.
B. 
Nuisances generally prohibited. It shall be unlawful for any person to cause, harbor, commit or maintain or to suffer to be caused, harbored, committed or maintained any public nuisance, as defined by the statutes or the common law of this State or as defined in this section, by this Article and Code or other ordinance of the Town of Forest Heights, at any place or property within the Town.
C. 
Enumerated nuisances not exclusive; other definitions applicable.
(1) 
The nuisances described in this section shall not be construed as exclusive, and any act of commission or omission and any condition which constitutes a public nuisance by statute or common law of the State, when committed, omitted or existing within the Town of Forest Heights is hereby declared to constitute a nuisance.
(2) 
Except when stated otherwise herein, whenever any words and phrases used in this section are not defined herein but are expressly defined elsewhere in this Ordinance Code (i.e., Section 1.3, 3.17 or 15.2) or the State laws regulating the operation of vehicles, any such definition therein shall be deemed to apply to such words and phrases used in this section.
[Amended 10-5-2015 by Ord. No. 07-15]
D. 
Enumerated nuisances. The following acts or omissions when committed or conditions when existing within the Town of Forest Heights are hereby defined and declared to be or constitute public nuisances:
(1) 
An act done or committed, aided or assisted to be done or committed by any person thereby causing any substance, mechanism, instrumentality, animal, being or thing to be kept, maintained, placed or found in or upon any public or private place or property which is injurious or dangerous to the public health or safety.
(2) 
On residential property (i.e., a single lot or parcel whether leasehold, or owned jointly, in common, by entireties, by sole tenant or any other form of tenancy), or property occupied by a single-family dwelling or duplex, the parking, storing, permitting or allowing to be parked or stored or kept within full or partial view or observation from the adjacent or any nearby public right-of-way or publically owned property:
(a) 
Except as stated in Subsection D(2)(b) of this Section, more than one motor vehicle as defined in Section 15.2 of this Ordinance Code having any registration plates other than valid annual registration plates (i.e., temporary plates, dealer plates, special registration plates for interchangeable registration or any other nonannual registration plates) issued by the State of Maryland, but not including any motorcycles, trailers or recreational vehicles, provided that it is an affirmative defense to this section for the total to exceed the limit of one such motor vehicle stated herein by the number of licensed drivers who lawfully reside at the residence, whose driver's licenses indicate said drivers' residence is the same as the subject residence, and who have properly identified and made known said vehicles to the Town by providing proof of State registration or certificate of title, proof of residency at the subject property, and further recorded same and any other reasonable information requested by the Town's Chief of Police or his designee, all motor vehicles parked on the subject property including those exceeding the limitation stated herein and under the control, care, custody, supervision, ownership or license of the subject property owner, occupant or tenant.
(b) 
The following exceptions apply to this subsection:
(I) 
A vehicle owned or leased by a new resident of this State during the first 60 days of residency, provided that the vehicle displays a valid registration issued by the jurisdiction of the resident's former domicile;
(II) 
Except for members elected from this State, a vehicle owned or leased by any member of the United States Congress who resides in this State during his term of office in the Congress, and who, pursuant to State law, need not register his vehicles in this State during that time;
(III) 
As permitted by the Maryland Motor Vehicle Administration pursuant to State law, a foreign vehicle owned or leased in this State having been issued a complimentary guest card, permit, or license to a person visiting this State from any foreign country; or recognizing and permitting the use of guest cards, permits, or licenses granted by other states;
(IV) 
A vehicle owned or leased by a nonresident who is a member of the Armed Forces of the United States or of the United States Public Health Service and is serving on active duty in this State or an adjoining state or the District of Columbia, in cases where the nonresident need not register his personal passenger vehicles in this State if the vehicles are registered in the state of his residence pursuant to state law;
(V) 
A vehicle owned or leased by a nonresident student if said nonresident is a student enrolled in an accredited school, college, or university of this State or of the District of Columbia or a bordering state or is serving a medical internship in this State, and the nonresident need not register his vehicles in this State as permitted by State law; or
(VI) 
A vehicle owned or leased by a nonresident who temporarily maintains or occupies a dwelling in this State for a period in excess of 30 days but not in excess of one year, and the nonresident properly obtains a nonresident's permit from the Maryland Motor Vehicle Administration, in lieu of registration, within 10 days immediately following the thirty-day period, pursuant to State law.
(3) 
Unless otherwise exempted by the County Zoning Law or this Code, using any building, structure, or land within the Town for any activity or commercial enterprise without a properly issued use and occupancy permit allowing the particular use, enterprise or activity and certifying compliance pursuant to Section 27-253 of the County Code.
(4) 
Any garbage, waste, refuse, litter, debris, or other offensive material thrown, deposited, exposed, or caused to be disposed of in any street or other public place within the Town, unless the disposal of such items in such place is specifically authorized by law.
(5) 
All trees, vegetation and limbs or other appendages thereof or to realty kept or maintained or which are permitted by any person owning or having control or occupancy of the premises thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.
(6) 
All abandoned or discarded iceboxes, refrigerators or freezer cabinets which are uncrated and have a door or lock which cannot be released for opening from the inside thereof and which are placed outside of a building or dwelling in a place accessible to children.
(7) 
Any other act or condition which is defined elsewhere in this Ordinance Code to be a nuisance.
E. 
Enforcement; liability; inspections; right of entry; notice; recourse and other remedies.
(1) 
Liability for infraction. Persons in possession, occupants, tenants, and legal owners of real property creating or allowing any nuisance described in this section shall be held legally responsible for their creation, propagation or continuation and shall be required to comply with all orders or citations issued under this section if duly notified as required herein. If named or cited together in a municipal infraction citation, the owners and any tenants named in a lease regarding the subject property may be held jointly and severally liable for any infractions or violations that may arise under this section, provided that proper notice is given to said tenants and owners.
(2) 
Inspections. It shall be the duty of the Mayor, Chief of Police, Code Enforcement Officer, or other staff or official designated to cause inspections to be made from time to time of all portions of the Town of Forest Heights to determine whether any condition exists or activity is being practiced which constitutes a nuisance; and he or she shall cause an investigation to be made upon complaint made by any responsible person.
(3) 
Right of entry. The Mayor, Chief of Police, Code Enforcement Officer, or other staff or official designated shall have the right to enter upon private premises for the purposes specified in Subsection E(2) of this section upon compliance with all applicable provisions of law, including the issuance of any administrative warrant. Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and, in any case, it shall be unlawful for any owner or occupant to prevent such entry which is sought to be made in compliance with law.
(4) 
Notice to cease and desist; notice to abate. If at any time the Mayor, Chief of Police, Code Enforcement Officer, or other staff or official designated shall find:
(a) 
That an activity or practice which constitutes a nuisance is occurring within the Town of Forest Heights, he or she shall promptly and by the most expeditious means notify the violator, person in charge, occupant or the property owner to cease and desist forthwith; or
(b) 
Should a condition which constitutes a nuisance exist within the Town, said designated staff or official shall give notice, in writing, to the owner, occupant or person in charge of the premises upon which such condition exists, stating therein the condition which constitutes a nuisance and directing such addressee to remedy the condition within the time stated in such notice, which shall be not more than seven days; and it shall be unlawful for any such owner, occupant or person in charge to fail to comply with the terms of such notice. The notice to abate and notice to cease and desist may be combined into one consolidated notice.
(5) 
Recourse when notice is ignored. The Town may seek or prosecute any appropriate citations and abatement orders from a court of competent jurisdiction in prosecuting citations brought under this section and in any other legal action may seek any appropriate court orders to the extent permitted by law.
(6) 
Other remedies. Nothing in this Article shall be construed to prohibit any police officer from arresting any person for committing or maintaining a nuisance as governed by State law when such arrest is made pursuant to law. Nothing in this Article shall be construed to prohibit or prevent the Town from pursuing or obtaining any other form of legal relief or abatement available under the law, including but not limited to injunctive or declaratory relief in a court of competent jurisdiction in this State.
F. 
Penalties; abatement.
(1) 
Except as stated otherwise in this Article, violations of this Article shall be considered a municipal infraction subject to the procedures found in Article 23 of this Code and Title 6 of the Local Government Article of Annotated Code of Maryland. Notwithstanding any other provision of this Code to the contrary, violators of this Article shall be liable for a fine of $250 for each offense.
(2) 
In addition to any other fine, penalty, or remedy prescribed herein, a violator shall be required to remove or restore, within three days of the date of issuance of a citation, any condition, circumstances, act or ommission constituting the basis of the violation. Upon expiration of such three days, each additional day during which that person shall not have so removed, abated or restored the same, shall constitute a further and separate violation subject to such fine.
(3) 
After obtaining a judgment and an abatement order from a court of competent jurisdiction, the Town may correct or abate any such condition, or discrepancy at the violator's expense and thereafter, as applicable, certify any costs thereof to the County Finance Office to be collected in the same manner as municipal taxes.
(4) 
Whenever any violation of this Article causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the Town may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the Town or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the Town be entitled to recover any costs incurred for summary abatement, unless actual notice of same or a municipal infraction citation is duly delivered or served upon the person responsible for the violation.
(5) 
Any violation of this Article or nuisance that involves or includes in its subject matter a vehicle of any kind, and is further subject to an abatement order as described in Subsection F(3) of this section may be removed or abated by the Mayor or her designee by towing and impoundment in the same or similar manner as vehicles towed and impounded pursuant to Section 15.7 of this Ordinance Code.

Section 13.10 Violations and penalties.

[Added 8-4-2014 by Em. Ord. No. 08-14; amended 11-3-2014 by Ord. No. 05-14]
Unless otherwise stated herein, any person violating the provisions of this Article shall be guilty of an infraction and shall, upon conviction, be fined not more than $100 for the first offense. Repeat offenders may be assessed a fine not to exceed $200 for each repeat offense.