2013 Maryland Code
LAND USE
§ 17-208 - Commission infractions [Effective until October 1, 2013].

§17-208.

(a) (1) A violation of a regulation under § 17-207 of this subtitle is a Commission infraction unless the violation is declared by law to be a crime.

(2) (i) A Commission infraction is a civil offense.

(ii) The adjudication of a Commission infraction:

1. is not a criminal conviction; and

2. does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

(b) (1) A Commission park police officer may deliver a citation to any person charged with a Commission infraction.

(2) The Commission shall:

(i) retain a copy of the citation; and

(ii) include on the citation a certification attesting to the truth of the matter specified in the citation.

(3) The citation shall also contain:

(i) the 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 fine assessed for the infraction;

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

(vi) notice of the person’s right to a trial for the infraction.

(c) (1) The Commission may:

(i) establish a schedule of fines for each conviction of a Commission infraction;

(ii) impose a fine not to exceed $50 for each conviction of a Commission infraction; and

(iii) impose a fine not to exceed $100 for each repeat violation.

(2) The recipient of a citation for a Commission infraction shall pay the fine to the Commission within 20 days after the receipt of the citation.

(d) (1) If a person who receives a citation for a Commission infraction fails to pay the fine by the payment due date specified in the citation and fails to file a notice of the person’s intent to stand trial for the offense, the Commission shall send a notice of the infraction to the person’s last known address.

(2) A person who fails to pay the fine within 15 days after the date of the notice is liable for an additional fine not to exceed twice the original fine.

(3) (i) If the fine is not paid within 35 days after the date of notice, the Commission may request adjudication of the case through the District Court.

(ii) The District Court promptly shall schedule the case for trial and summon the defendant to appear.

(e) (1) A person who receives a citation for a Commission infraction may elect to stand trial by filing with the Commission a notice of the person’s intent to stand trial.

(2) The notice shall be given at least 5 days before the payment due date specified in the citation.

(3) On receipt of the notice of intent to stand trial, the Commission shall forward to the District Court having venue a copy of the citation and a copy of the notice of intent to stand trial that was filed by the person who received the citation.

(4) On receipt of the citation and the notice of intent to stand trial, the District Court shall schedule the case for trial and notify the defendant and the Commission of the trial date.

(5) The District Court shall remit to the Commission all fines, penalties, or forfeitures the District Court collects for Commission infractions.

(f) A person found by the District Court to have committed a Commission infraction shall pay a fine not to exceed:

(1) $50 for a first violation; or

(2) $100 for a repeat violation.

(g) In a proceeding for a Commission infraction before the District Court, the violation shall be prosecuted in the same manner and to the same extent as provided for municipal infractions under Article 23A, § 3(b) of the Code.

§ 17-208 - Commission infractions [Effective October 1, 2013].

(a) In general. --

(1) A violation of a regulation under § 17-207 of this subtitle is a Commission infraction unless the violation is declared by law to be a crime.

(2) (i) A Commission infraction is a civil offense.

(ii) The adjudication of a Commission infraction:

1. is not a criminal conviction; and

2. does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

(b) Citations. --

(1) A Commission park police officer may deliver a citation to any person charged with a Commission infraction.

(2) The Commission shall:

(i) retain a copy of the citation; and

(ii) include on the citation a certification attesting to the truth of the matter specified in the citation.

(3) The citation shall also contain:

(i) the 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 fine assessed for the infraction;

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

(vi) notice of the person's right to a trial for the infraction.

(c) Preset fines. --

(1) The Commission may:

(i) establish a schedule of fines for each conviction of a Commission infraction;

(ii) impose a fine not to exceed $ 50 for each conviction of a Commission infraction; and

(iii) impose a fine not to exceed $ 100 for each repeat violation.

(2) The recipient of a citation for a Commission infraction shall pay the fine to the Commission within 20 days after the receipt of the citation.

(d) Failure to pay fine. --

(1) If a person who receives a citation for a Commission infraction fails to pay the fine by the payment due date specified in the citation and fails to file a notice of the person's intent to stand trial for the offense, the Commission shall send a notice of the infraction to the person's last known address.

(2) A person who fails to pay the fine within 15 days after the date of the notice is liable for an additional fine not to exceed twice the original fine.

(3) (i) If the fine is not paid within 35 days after the date of notice, the Commission may request adjudication of the case through the District Court.

(ii) The District Court promptly shall schedule the case for trial and summon the defendant to appear.

(e) Trial. --

(1) A person who receives a citation for a Commission infraction may elect to stand trial by filing with the Commission a notice of the person's intent to stand trial.

(2) The notice shall be given at least 5 days before the payment due date specified in the citation.

(3) On receipt of the notice of intent to stand trial, the Commission shall forward to the District Court having venue a copy of the citation and a copy of the notice of intent to stand trial that was filed by the person who received the citation.

(4) On receipt of the citation and the notice of intent to stand trial, the District Court shall schedule the case for trial and notify the defendant and the Commission of the trial date.

(5) The District Court shall remit to the Commission all fines, penalties, or forfeitures the District Court collects for Commission infractions.

(f) District Court fines. -- A person found by the District Court to have committed a Commission infraction shall pay a fine not to exceed:

(1) $ 50 for a first violation; or

(2) $ 100 for a repeat violation.

(g) Procedure for infractions in District Court. -- In a proceeding for a Commission infraction before the District Court, the violation shall be prosecuted in the same manner and to the same extent as provided for municipal infractions under §§ 6-102 through 6-115 of the Local Government Article.