[Adopted 2-7-1984 by Ord. No. 1984-4]
As used in this article, the following terms
shall have the meanings indicated:
A.
Any violation of any provision of the Code of the
City of Hagerstown, hereinafter referred to as "this Code," which
violation has been specifically declared by the Mayor and Council
of Hagerstown to be a "municipal infraction."
B.
For purposes of this Code, a "municipal infraction"
is a civil offense, and a finding of guilt thereof is not a criminal
conviction for any purpose, nor does it impose any of the civil disabilities
ordinarily imposed by a criminal conviction.
A.
The Mayor and Council may, by ordinance, declare which
violations shall constitute municipal infractions and may set specific
fines which may be imposed for said infractions.
B.
The fines set by the Mayor and Council for municipal
infractions shall be in specific amounts not to exceed $1,000 for
each initial violation. The specific fine amount may be doubled pursuant
to Article 23A, § 3(b)(5)(ii) or § 3(b)(6)(ii)
of the Annotated Code of Maryland to an amount not to exceed $1,000.
Unless otherwise provided, each day a violation continues shall constitute
a separate and distinct violation.
[Amended 7-28-1998 by Ord. No. 1998-37; 2-22-2000 by Ord. No. 2000-17]
A.
Authorized code enforcement officials may deliver
a citation to any person alleged to be committing or to have committed
a municipal infraction. A copy of the citation shall be retained by
the City and shall bear the certification of the issuing official
attesting to the truth of the matter set forth in the citation.
B.
The citation shall contain the following information:
(1)
The name and address of the person charged.
(2)
The nature of the municipal infraction.
(3)
The code or ordinance provision being violated.
(4)
The location and time that the municipal infraction
occurred or was observed.
(5)
The amount of the fine assessed for the municipal
infraction.
(6)
The manner, location and time in which the fine may
be paid to the City.
(7)
The right of the recipient of the citation to elect
to stand trial for the municipal infraction.
Payment of the fine imposed by a citation for
a municipal infraction shall be made to the City Treasurer, City Hall,
Hagerstown, Maryland, within 20 calendar days from receipt of the
citation, unless there is an election to stand trial no later than
15 days from the receipt of the citation.
A.
A person receiving a citation for a municipal infraction
may elect to stand trial for the offense by notifying the City of
said person's intention to stand trial for the municipal infraction.
The notice shall be given in writing at least five days prior to the
date of payment as set forth in the citation.
B.
Upon receipt of a timely notice of intention to stand
trial, the City shall forward to the District Court having venue a
copy of the notice from the person who received the citation indicating
the intention to stand trial. Upon receipt of the citation, the District
Court shall schedule the case for trial and notify the defendant of
the trial date.
A.
If a person receiving a citation for a municipal infraction
fails to pay the fine imposed for the infraction by the date of payment
set forth on the citation and fails to timely file a notice of intention
to stand trial for the offense, a formal notice shall be sent to the
offender's last known address demanding payment. In the event that
the citation has not been satisfied, the offender shall be obligated
to pay a sum equivalent to twice the amount of the original penalty
amount.
B.
If, after 35 days from its issuance, the citation
has not been satisfied, the City may request adjudication of the case
through the District Court. The District Court shall thereupon promptly
schedule the case for trial and summon the defendant (the offender)
to appear. The defendant's failure to respond to the summons shall
be contempt of court.
A.
Court proceedings for a municipal infraction shall
be governed by the provisions of Article 23A, § 3, of the
Annotated Code of Maryland, as amended, relating to municipal infractions,
said provisions being hereby incorporated by reference as if fully
set forth herein.
B.
Any person found by the District Court to have committed a municipal infraction shall be required to pay the fine imposed by the citation, including any additional fine imposed by § 1-23 hereof. Such person shall also be liable for the cost of the court proceedings.
C.
Whenever any defendant has been found guilty of a
municipal infraction and willfully fails to pay the fine imposed by
the court, that willful failure may be treated as a criminal contempt
of court.
D.
All fines, penalties or forfeitures collected by the
District Court for municipal infractions shall be remitted to the
City.
In any case where a provision of this article
conflicts with a mandatory provision of Article 23A, § 3,
of the Annotated Code of Maryland, as amended, the provisions of Article
23A shall prevail and shall be incorporated herein as if expressly
set forth.
