Maryland Maryland-National Capital Park and Planning Commission Section 5-113

Article - Maryland-National Capital Park and Planning Commission

§ 5-113.

      (a)      The Commission may make rules and regulations for the government and use of all land or other property acquired by it or under its jurisdiction. It shall cause these rules and regulations to be posted outside each park headquarters building, community center, recreation center, or similar building in a developed park area. Following their promulgation, they shall be published at least three times within 60 days, in one or more newspapers published in the metropolitan district, and the posting and publication shall be sufficient notice to all persons. The sworn certificate of any member of the Commission of the posting and publication shall be prima facie evidence thereof.

      (b)      (1)      Any violation of a rule or regulation is a "Commission infraction" unless the violation is declared by law to be a criminal offense. For the purpose of this article, a Commission infraction is a civil offense.

            (2)      Commission police officers may deliver a citation to any person whom they adjudge to be committing a Commission infraction. A copy of the citation shall be retained by the issuing authority and shall bear his certification attesting to the truth of the matter therein set forth. The citation shall also contain:

                  (i)      Name and address of the person charged;

                  (ii)      The nature of the infraction;

                  (iii)      The location and time that the infraction occurred;

                  (iv)      The amount of the infraction fine assessed;

                  (v)      The manner, location, and time in which the fine may be paid to the Commission; and

                  (vi)      The person's right to elect to stand trial for the infraction.

            (3)      A pre-set fine not to exceed $50 may be imposed for each conviction of a Commission infraction. The Commission is authorized to establish a schedule of pre-set fines for each conviction of a Commission infraction, which is payable by the recipient of the citation to the Commission within 20 calendar days of the receipt of the citation. Repeat offenders may be assessed a pre-set fine not to exceed $100 for each repeat offense.

            (4)      A person receiving the citation for a Commission infraction may elect to stand trial for the offense by notifying the Commission of his intention of standing trial. The notice shall be given at least 5 days prior to the date of payment as set forth in the citation. Upon receipt of the notice of the intention to stand trial, the Commission shall forward to the District Court having venue a copy of the citation and the notice from the person who received the citation indicating his 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. All fines, penalties, or forfeitures collected by the District Court for Commission infractions shall be remitted to the Commission.

            (5)      If a person receiving a citation for an infraction fails to pay the fine for the infraction by the date of payment set forth on the citation and fails to file a notice of his intention to stand trial for the offense, a formal notice of the infraction shall be sent to the owner's last known address. If the citation has not been satisfied within 15 days from the date of the notice, he shall be liable for an additional fine not to exceed twice the original fine. If after 35 days the citation has not been satisfied, the Commission 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 to appear. The defendant's failure to respond to the summons is contempt of court.

            (6)      If any person is found by the District Court to have committed a Commission infraction, he shall be required to pay a fine in an amount not to exceed $50 or in the event that the infraction is a repeat offense, $100.

            (7)      Adjudication of a Commission infraction, as defined in this article, is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.

            (8)      In any proceeding for a Commission infraction before the District Court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions in Article 23A, § 3(b)(8) through (15), inclusive.



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