ord-13-2024-penalties.pdf

TOWN COUNCIL OF CENTREVILLE

ORDINANCE NO. 13-2024

AN ORDINANCE OF THE TOWN COUNCIL OF CENTREVILLE TO AMEND THE CODE OF

THE TOWN OF CENTREVILLE TO UPDATE THE PENALTY SECTIONS THROUGHOUT

THE CODE

WHEREAS, Section 6-102 of the Local Government Article of the Annotated Code of Maryland and Section 304 of the Charter of the Town of Centreville authorize the Town Council to provide that violations of Town Ordinances are a municipal infraction subject to a fine not to exceed $1,000;

WHEREAS, Section 6-101 of the Local Government Article of the Annotated Code of Maryland authorizes the Town Council to provide that violations of Town Ordinances are punishable as a misdemeanor subject to a fine not to exceed $1,000 or imprisonment not to exceed six (6) months or both;

and WHEREAS, the Town Council wishes to clarify the penalties throughout the Town Code.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Centreville:

1. That the Town Code is hereby amended to include the text of which is attached hereto as

Exhibit “A” with new material shown in bold underlined and deleted language shown with bold strikeout.

2. This Ordinance shall become effective on the twenty-first day after its enactment.

ATTEST: THE TOWN COUNCIL OF CENTREVILLE

____________________________________

R. Gaye Adams Ashley Heffernan Kaiser, Esq., President Town Clerk _____________________________________

First Reading: Jeffrey D. Kiel, Vice President Second Reading:

Enacted:

Effective: _____________________________________

Daniel B. Worth, Member _____________________________________

Jim A. Beauchamp, Member ______________________________________

Sandra Lee Huffer, Member Page 1 of 7

EXHIBIT A TO ORDINANCE ___-2024

Amend § 1-14.B(5) Penalties (General Provisions)

5. Penalties

a. The following penalty sections wherein the penalty is a municipal infraction are revised to provide that violation of the provisions of the chapter (or article) shall constitute a municipal infraction, and said person or persons violating the chapter (or article) or any section thereof shall be subject to a fine for a Class A Municipal Infraction as adopted by the Town Council by Resolution, provided that a citation is served upon said person or

persons in the manner prescribed by § 6-103 of the Local Government Article of the Annotated Code of Maryland. The fine is payable by the offender to the municipality within 20 calendar days of receipt of a citation. Each day such violation, as defined above, continues shall be considered a separate offense:

Chapter 7 Alcoholic Beverages

Chapter 11 Amusements

Arcades and Pool Halls

Chapter 31 Buildings, Dangerous

Chapter 42 Cemetery

Chapter 59 Firearms

Chapter 88 Noise

Chapter 95 Peddling And Soliciting

Chapter 123 Smoking

Chapter 134

Streets and Sidewalks (Snow and Ice Removal)

Chapter 145 Trees

Chapter 148

Urination in Public Places

Chapter 151 Vehicles, Abandoned

Chapter 154 Vehicles And Traffic

Chapter 24 Brush,

Grass and Weeds

Chapter 102 Plastic Carryout Bags

Chapter 129 Solid Waste

Chapter 158 Vehicles, Non-Self-Propelled

b. The following penalty sections are revised to provide that violation of the chapter (or article) shall be a misdemeanor punishable by a fine not to exceed $1,000, or imprisonment for a term not to exceed six months, or both:

Chapter 50 Elections

Chapter 62 Firesafety

Chapter 66 Floodplain

Chapter 99 Petitions, Fraudulent

Chapter 115 Sewer Use

Chapter 170

Zoning (in part) The following penalty sections wherein the penalty is a municipal infraction are revised to provide that violation of the provisions of the chapter (or article) shall constitute a Page 2 of 7 municipal infraction, and said person or persons violating the chapter (or article) or any section thereof shall be subject to a fine for a Class B Municipal as adopted by the Town Council by Resolution, provided that a citation is served upon said person or persons in

the manner prescribed by § 6-103 of the Local Government Article of the Annotated Code of Maryland. The fine is payable by the offender to the municipality within 20 calendar days of receipt of a citation. Each day such violation, as defined above, continues shall be considered a separate offense:

Chapter 7 Alcoholic Beverages

Chapter 11 Amusements

Arcades and Pool Halls

Chapter 31 Buildings, Dangerous

Chapter 88 Noise

Chapter 95 Peddling And Soliciting

Chapter 123 Smoking

Chapter 134

Streets and Sidewalks (Snow and Ice Removal)

Chapter 145 Trees

Chapter 148

Urination in Public Places

Chapter 151 Vehicles, Abandoned

Chapter 154 Vehicles And Traffic

c. The following penalty sections wherein the penalty is a municipal infraction are revised to provide that violation of the provisions of the chapter (or article) shall constitute a municipal infraction, and said person or persons violating the chapter (or article) or any section thereof shall be subject to a fine for a Class B C Municipal as adopted by the Town Council by Resolution, provided that a citation is served upon said person or persons in the

manner prescribed by § 6-103 of the Local Government Article of the Annotated Code of Maryland. The fine is payable by the offender to the municipality within 20 calendar days of receipt of a citation. Each day such violation, as defined above, continues shall be considered a separate offense:

Chapter 28 Building Construction

Chapter 42 Cemetery

Chapter 59 Firearms

Chapter 69 Forest Conservation

Chapter 118 Sewers And Water

Chapter 134 Streets And Sidewalks

(Permits for Placement of Facilities And Utilities

Chapter 138 Subdivision Regulations

Chapter 170

Zoning (in part) d. The following penalty sections wherein the penalty is a municipal infraction are revised to provide that violation of the provisions of the chapter (or article) shall constitute a municipal infraction, and said person or persons violating the chapter (or article) or any section thereof shall be subject to a fine for a Class C Municipal Infraction as adopted by the Town Council by Resolution, provided that a citation is served upon said person or

persons in the manner prescribed by § 6-103 of the Local Government Article of the Annotated Code of Maryland. The fine is payable by the offender to the municipality within Page 3 of 7 20 calendar days of receipt of a citation. Each day such violation, as defined above, continues shall be considered a separate offense:

Chapter 24 Brush,

Grass and Weeds

Chapter 129 Solid Waste

Chapter 158 Vehicles, Non-Self-Propelled

The following penalty sections are revised to provide that violation of the chapter (or article) shall be a misdemeanor punishable by a fine not to exceed $1,000, or imprisonment for a term not to exceed six months, or both:

Chapter 50 Elections

Chapter 62 Firesafety

Chapter 66 Floodplain

Chapter 99 Petitions, Fraudulent

Chapter 115 Sewer Use

Chapter 170

Zoning (in part) Amend §

7-4 Violations

and Penalties (Alcoholic Beverages) A violation of the provisions of this article shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a b of the Town Code.

Amend §

11-6 Violations

and Penalties (Amusements Arcades and Pool Halls) A violation of the provisions of this article shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a b of the Town Code.

Amend §

24-2 Violations

and Penalties (Brush, Grass and Weeds) Violation of the provisions of this chapter shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.d a of the Town Code. In addition to the penalties provided in § 1-14.B.5.d a of the Town Code, the Town may take such other lawful action as is necessary to prevent or remedy the violation, including cutting or removing the brush, grass, or weeds, and assessing the costs for the removal as a lien against the property

collectible in the same manner as real estate taxes.

Amend §

31-9 Violations

and Penalties (Buildings, Dangerous) Any owner, occupant, mortgagee, trustee, lessee or any other persons having an interest in any dangerous building as shown by the Land Records of Queen Anne’s County who shall fail to comply with any notice or order to repair, vacate, or demolish said building issued by any person authorized by this chapter to give such notice shall be in violation of this chapter and said violation shall constitute a municipal infraction, subject to the penalties provided

in § 1-14.B.5.a b of the Town Code.

Amend §

42-11 Violations

and Penalties (Cemetery) Page 4 of 7 The violation of the provisions of this article shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a c of the Town Code.

Amend § 50-14 (Elections) Any person that violates any of the sections of this chapter shall be guilty of a misdemeanor subject to the penalties provided in § 1-14.B.5.b d of the Town Code.

Amend § 59-5 (Firearms) Violation of the provisions of this chapter shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a c of the Town Code. Each day such violation, as defined above, continues shall be considered a separate offense.

Amend §

62-10 Violations

and Penalties (Firesafety) The owner or owners, occupier or occupiers who shall obstruct or refuse to permit the free entrance to and the inspection of any premises, buildings, or structure or neglect or refuse to comply with the terms and conditions of the order herein authorized to be issued by the Town Council of Centreville, unless the same shall be revoked, or who shall violate any other provision of this article shall be guilty of a misdemeanor, subject to the penalties

provided in § 1-14.B.5.b d of the Town Code.

Amend §

66-50 Violations

and Penalties (Floodplain) Violations of these regulations or failure to comply with the requirements of these regulations or any conditions attached to a permit or variance shall constitute a misdemeanor, subject to the penalties provided in § 1-14.B.5.b d of the Town Code. Any person responsible for a violation shall comply with the notice or stop work order. Each day a violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town

of Centreville from taking such other lawful action as is necessary to prevent or remedy any violation.

Amend §

88-7 Violations

and Penalties (Noise) Any violation of this article shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a b of the Town Code.

Amend §

95-11 Violations

and Penalties (Peddling And Soliciting) Violation of the provisions of this chapter shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a b of the Town Code.

Amend §

99-7 Violations And Penalties (Fraudulent Petitions)

Any violation of provisions of §§ 99-1 through 99-6 of this chapter shall be deemed a misdemeanor, subject to the penalties provided in § 1-14.B.5.b d of the Town Code.

Amend §

115-42 Violations And Penalties (Sewer Use)

Page 5 of 7 A. Any person who shall continue any violation beyond the time limit provided for in Article VIII, § 115-41, shall be guilty of a misdemeanor, and on conviction thereof shall be subject to the penalties provided in § § 1-14.B.5.b d of the Town Code. Each day in which any such violation shall continue shall be deemed a separate offense.

B. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document required to be maintained pursuant to this chapter or industrial waste permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, shall be guilty of a misdemeanor subject to the

penalties provided in § 1-14.B.5.b d of the Town Code.

C. Violation of this chapter shall be a matter of public record and open to public review and reproduction upon request. In addition, the Town may, in its discretion, publish information pertaining to any violations of this chapter in any newspaper of general circulation within the Town and/or on the Town’s website.

Amend §

123-2 Violations And Penalties (Smoking)

A violation of this chapter shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a b of the Town Code.

Amend §

129-16 Violations And Penalties (Solid Waste - Littering)

Violation of the provisions of this article shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.d a of the Town Code.

Amend §

129-38 Violations And Penalties (Solid Waste - Waste Collection)

Violation of the provisions of this article shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.d a of the Town Code.

Amend §

129-43 Enforcement (Solid Waste - Pet Waste)

Violation of the provisions of this article shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.d a of the Town Code.

Amend §

134-9 Violations And Penalties

(Streets and Sidewalks – Snow and Ice Removal) Violation of the provisions of this article shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a b of the Town Code.

Amend §

145-25 Enforcement (Trees)

Violations of this chapter or failure to comply with any of its requirements shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a b of the Town Code.

Amend §

148-2 Violations And Penalties

(Urination in Public Places) Page 6 of 7 Violation of the provisions of this chapter shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a b of the Town Code.

Amend §

151-13 Violations And Penalties (Vehicles, Abandoned)

Violation of the provisions of this chapter shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a b of the Town Code.

Amend §

154-14 Violations And Penalties (Vehicles And Traffic – Residential Parking Permits)

Violation of the provisions of this article shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.a b of the Town Code.

Amend § 158-2.A Violations And Penalties (Vehicles, Non-Self-Propelled) A. Any person, firm or corporation violating any of the provisions of this chapter shall receive a citation, either in person or by having same placed in a conspicuous place on the vehicle, which he, she or it was using at the time of the violation of said provisions, to appear before the District Court of Queen Anne’s County, to

answer a charge of violating the provisions of this chapter; provided, however, that if the person, firm or corporation may appear at the Town Office of the Town of Centreville within the times and dates designated by Article I of Chapter 154, Vehicles and Traffic, and pay the fine or fines set forth in § 1-14.B.5.d a of the Town Code; the payment of such fine, shall have the effect of dismissing the citation.

Amend §

170-68 Violations And Penalties (Zoning)

A. Any person, firm, or corporation who defaces, removes, or destroys an official warning, safety or stop work signs; or who interferes with or threatens, in any manner, any person engaged in the performance of a duty required by the terms of this chapter shall be guilty of a misdemeanor, subject to the penalties provided in § 1-14.B.5.b d of the Town Code.

B. All other violations of the provisions of this chapter or failure to comply with any of its requirements including but not limited to construction or alteration of any building not in accordance with plans approved under regulations herein shall constitute a municipal infraction subject to the penalties provided in § 1- 14.B.5.c of the Town Code.

C. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may be subject to the penalties provided in A and B above.

D. Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violation.

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