Md. Code, Local Government, Title 6

in effect

Md. Code, Local Government § 6-101

(a) The legislative body of a municipality may provide that violations of ordinances and resolutions authorized by this division are punishable as misdemeanors. (b) A penalty for a violation of an ordinance or resolution that is declared to be a misdemeanor under this section may not exceed imprisonment for 6 months or a fine of $5,000 or both. (c) Sections 7–504 and 7–505 of the Courts Article shall govern imprisonment in default of fines and costs.

Md. Code, Local Government § 6-102

(a) (1) Unless State law classifies a violation as a criminal offense, the legislative body of a municipality may provide, by law, that a violation of a municipal ordinance is a municipal infraction. (2) A municipal infraction is a civil offense. (b) The legislative body of a municipality may classify as a municipal infraction: (1) a violation of an ordinance or regulation concerning zoning or land use; and (2) littering in the municipality as prohibited under § 10–110 of the Criminal Law Article. (c) (1) A fine not exceeding $5,000 may be imposed for each municipal infraction. (2) The fine is payable to the municipality by the person charged in the citation within 20 calendar days of service of the citation.

Md. Code, Local Government § 6-103

(a) Any official authorized by the legislative body of a municipality to act as an enforcement officer may serve a citation on a person: (1) who the official believes is committing or has committed a municipal infraction; or (2) on the basis of an affidavit that: (i) cites the facts of the alleged infraction; and (ii) is submitted to a designated official of the municipality. (b) (1) The citation shall be served on the defendant: (i) in accordance with Maryland Rule 3–121; or (ii) for real property–related violations, if an affidavit is made that good faith efforts to serve the defendant under Maryland Rule 3–121(a) have not succeeded, by: 1. regular mail to the defendant’s last known address; and 2. posting the citation at the property where the municipal infraction has occurred or is occurring and, if located in the municipality, at the defendant’s residence or place of business. (2) The enforcement officer shall retain a copy of the citation. (c) The citation shall contain: (1) the enforcement officer’s certification: (i) attesting to the truth of the matter set forth in the citation; or (ii) that the citation is based on an affidavit; (2) the name and address of the defendant; (3) the nature of the municipal infraction; (4) the location and time that the municipal infraction occurred; (5) the amount of the fine assessed; (6) the manner, location, and time in which the fine may be paid to the municipality; (7) notice of the defendant’s right to elect to stand trial; and (8) notice of the effect of failing to pay the fine or demand a trial within the required time.

Md. Code, Local Government § 6-104

(a) An enforcement officer may serve a summons with a citation that: (1) requires the defendant to appear in District Court at a specified date and time; and (2) specifies that the defendant is not required to appear in District Court if the fine is paid as provided in the citation. (b) If approved by the Chief Judge of the District Court of Maryland, the citation form may contain the summons. (c) The enforcement officer shall coordinate the selection of court dates with the appropriate District Court officials.

Md. Code, Local Government § 6-105

(a) If a citation is served without a summons, the defendant may elect to stand trial for the municipal infraction by providing written notice of intent to stand trial to the municipality at least 5 days before the payment date specified in the citation. (b) (1) After receiving the written notice of intention to stand trial, the municipality shall forward a copy of the citation and notice to the District Court having venue. (2) After receiving the citation and notice, the District Court shall: (i) schedule the case for trial; and (ii) notify the defendant of the trial date.

Md. Code, Local Government § 6-106

(a) If the defendant does not pay the fine by the date of payment set forth on the citation and does not send to the municipality the written notice of intent to stand trial: (1) the defendant is liable for the fine; (2) the municipality may double the fine to an amount not exceeding $1,000 and request adjudication of the case through the District Court, including the filing of a demand for judgment on affidavit; and (3) the District Court promptly shall schedule the case for trial and summon the defendant to appear. (b) If the municipality makes a proper demand for judgment on affidavit and the defendant does not respond to a summons issued under subsection (a)(3) of this section, the District Court shall enter judgment against the defendant in favor of the municipality in the amount then due.

Md. Code, Local Government § 6-107

If the defendant does not pay the fine as provided in the citation and does not appear in District Court as provided in the summons: (1) the municipality may double the fine to an amount not exceeding $1,000; and (2) the court may enter judgment against the defendant in the amount then due if the proper demand for judgment on affidavit has been made.

Md. Code, Local Government § 6-108

(a) The State’s Attorney for a county may: (1) prosecute a municipal infraction; and (2) (i) enter a nolle prosequi; or (ii) place a municipal infraction case on the stet docket. (b) Notwithstanding subsection (a) of this section, a municipality may designate an attorney to prosecute a municipal infraction in the same manner as the State’s Attorney for a county.

Md. Code, Local Government § 6-108.1

§6–108.1. (a) In this section, “qualified building inspector or enforcement officer” means a building inspector or an enforcement officer that is nationally accredited and certified by the International Code Council or the National Fire Protection Association as: (1) a building inspector; (2) a fire inspector; (3) an accessibility inspector; or (4) a property maintenance and housing inspector. (b) A municipality may designate a qualified building inspector or enforcement officer to testify in a municipal infraction proceeding without the assistance of a prosecuting attorney. (c) Nothing in this section shall limit or restrict the ability of a prosecuting attorney to call individuals to testify in a municipal infraction proceeding.

Md. Code, Local Government § 6-109

(a) In a municipal infraction proceeding: (1) the District Court shall confirm that the defendant has received a copy of and understands the charges; (2) the defendant may enter a plea of guilty or not guilty; (3) the District Court shall apply the evidentiary standards provided by law or rule for the trial of a civil case; (4) the defendant may: (i) cross–examine witnesses; (ii) produce evidence or witnesses on the defendant’s own behalf; (iii) testify; and (iv) be represented by counsel of the defendant’s choice and at the defendant’s expense; and (5) the municipality has the burden to prove by clear and convincing evidence that the defendant has committed the infraction. (b) The District Court may: (1) enter a verdict of guilty or not guilty; or (2) before entering a verdict, place the defendant on probation.

Md. Code, Local Government § 6-110

If the District Court finds that the defendant has committed a municipal infraction: (1) (i) the court shall order the defendant to pay the fine, including any doubling of the fine, not exceeding the limit under § 6–102(c) of this subtitle; (ii) the fine imposed is a judgment in favor of the municipality; and (iii) if the fine remains unpaid for 30 days after the judgment is entered, the judgment is enforceable in the same manner and to the same extent as other civil judgments for money unless the court has suspended or deferred the payment of the fine as provided under item (2) of this section; (2) the court may suspend or defer the payment of the fine under conditions that the court sets; (3) the defendant is liable for the costs of the court proceedings; and (4) the court may order the defendant to abate the infraction or enter an order authorizing the municipality to abate the infraction at the defendant’s expense.

Md. Code, Local Government § 6-111

(a) If a municipality abates an infraction under a District Court order, the municipality shall present the defendant with a bill for the cost of abatement by: (1) regular mail to the defendant’s last known address; or (2) any other means that are reasonably calculated to give notice of the bill to the defendant. (b) If the defendant does not pay the bill within 30 days after it is presented under subsection (a) of this section, on a motion of the municipality, the District Court shall enter a judgment against the defendant for the cost of the abatement.