In enacting this Division the Council has considered the following:
Article 25A, Section 5(A), Annotated Code of Maryland, empowers this County to enforce its ordinances, resolutions, bylaws, and regulations adopted under the authority of Article 25A by civil fines and penalties.
The District Court has jurisdiction under Section 4-401, Courts and Judicial Proceedings Article, Annotated Code of Maryland, to adjudicate a violation of the County Code which is subject to civil penalty.
This Division pertains to civil violations of the Prince George's County Code which are subject to civil fines and penalties, but this Division shall not be applicable where a specific procedure for levy and adjudication of a civil fine or penalty for a violation has been enacted in other Divisions of this Subtitle, or where a criminal penalty has been established.
The purpose of this Division is to promulgate procedures for the imposition of civil fines and penalties and for the adjudication thereof by the District Court of the State of Maryland.
Terms used in this Division are defined as follows:
Civil violation: Violation of the County Code which specifically references a civil fine.
Enforcement official: An employee of this County authorized by the County Executive or his designee to issue a citation for a civil violation.
Repeated violation: A recurring violation of the same provision of the County Code by the same person.
Any person who violates any provision of the Prince George's County Code subject to civil fine or penalty shall, upon citation issued pursuant to Section 28-255, be deemed to have committed a civil violation and shall pay to the County a civil fine in the amount prescribed.
Each separate day of violation that remains uncorrected is a distinct civil violation subject to an additional citation and fine in the amount prescribed.
The penalty provided in Section 1-123 of the County Code shall not apply to a violation which carries a civil fine as a penalty.
The civil fine for each civil violation shall be the amount specified as a penalty for the violation in the pertinent Section of this Code.
Upon verification of a violation of the County Code subject to civil fine or penalty, the Enforcement official may deliver or mail a citation to the person deemed responsible for committing the violation. The citation shall serve as a notification to the person concerned that he is charged with a civil violation of the County Code and that he has been assessed a civil fine which shall be due and payable to the County, subject to the person's right to stand trial in District Court.
The citation shall be on a form adopted by the County government and shall include:
The date of issuance of the citation;
The name and address of the person charged;
The Section number of the County Code which has been violated;
The nature of the violation;
The place where and time when the violation occurred;
The amount of the civil fine assessed;
The manner, location, and time in which the fine is to be paid;
Where applicable, the notice that each day of continued violation thereafter shall be deemed a separate violation subject to additional citation;
The name, business address, and telephone number of the County official cognizant of the case;
The person's right to elect to stand trial for the violation and instructions and time for such an election.
A person who receives a citation may elect to stand trial for the offense by filing with the County office concerned a notice of intention to stand trial. The notice shall be given at least five (5) days before the date of payment as set forth in the citation. On receipt of the notice of intention to stand trial, the County shall forward to the District Court within thirty (30) days, a copy of the citation and the notice of intention to stand trial. On receipt of the citation, the District Court shall schedule the case for trial and notify the defendant of the trial date. The County shall request that the court set a date for trial within forty-five (45) days of receipt of the citation.
If a person who receives a citation for a violation fails to pay the fine by the date of payment set forth in the citation and fails to file a timely notice of intention to stand trial, a formal notice of the violation shall be sent to the person's last address, if known. If the citation is not satisfied within fifteen (15) days from the date of the notice, the person is liable for an additional fine not to exceed twice the original fine. If, after fifteen (15) days, the citation is not satisfied, the County may request adjudication of the case through the District Court. The District Court shall schedule the case for trial and summon the defendant to appear. The County shall request that the court set a date for trial within forty-five (45) days of receipt of the citation.
The County Attorney shall prosecute all civil violations before the District Court.
With the exception of violations pursuant to Sections 13-246, 13-271, 13-1105.03, or 23-150 of the Code, and the tax lien placed on the property per Section 13-246.02 or Section 13-269 of the Prince George's County Code, which shall be paid in full to Prince George's County through the Office of Finance before transfer or sale of the property, upon a finding of a violation the civil fine imposed by the Court shall be in an amount deemed appropriate by the Court but shall not be less than the total amount in the schedule contained in Section 28-111 of this Division. With the exception of violations pursuant to Sections 13-246, 13-271, 13-1105.03, or 23-150 of the Code, the Court may suspend or defer the payment of the civil fine upon such reasonable grounds as the Court determines. Upon a finding of a violation pursuant to Sections 13-246, 13-271, or 23-150 of the Code, the civil fine imposed by the Court shall be strictly in accordance with the fines prescribed in Sections 13-246, 13-271, 13-1105.03, and 23-150 of the Code.
In addition to all other remedies provided by State or County law, the County Attorney on behalf of the County may institute injunction, mandamus, or other appropriate action or proceeding to enforce the provisions of the County Code. The imposition of a civil monetary fine, or the payment thereof, shall not impede the authority granted in this Section to the County Attorney or the County.
Any person who violates any provision of the County Code concerning grading, pollution, drainage, floodplain, and erosion control shall, upon citation issued pursuant to Subdivision 1, be deemed to have committed a civil violation and shall pay to the County a civil monetary fine in the amount prescribed by Subsection (b) of this Section.
Each separate day of violation that remains uncorrected is a distinct civil violation subject to an additional citation and fine in the amount prescribed by Subsection (b) of this Section.
The penalty provided in Sections 1-123, 4-116, or 4-117 of the County Code shall not apply to enforcement of the County Code provisions concerning grading, drainage, and erosion control as set forth in this Division.
The civil monetary fine, excluding those arising from a violation of the Zoning Ordinance, for each civil violation of the County Code concerning grading, pollution, drainage, floodplain, and erosion control shall be One Thousand Dollars ($1000.00), except as provided in Subsection (c).
For a repeated civil violation, at the same location, the following fine shall apply:
| Each subsequent violation |
$1,000.00 |
Any person who violates any of the following provisions of the County Code shall, upon citation issued pursuant to Subdivision 1, be deemed to have committed a civil violation and shall pay to the County a civil monetary fine in the amount prescribed by Subsection (b) of this Section:
| Sections |
11-103; |
|
11-107 through 11-109, inclusive; |
|
11-111 through 11-113, inclusive; |
|
11-156; |
|
11-159; |
|
11-203; |
|
11-206; |
|
11-207; |
|
11-254 through 11-281, inclusive; |
|
11-284 through 11-287, inclusive; |
|
11-289 through 11-292, inclusive; and |
|
11-292.01. |
Each separate day of violation that remains uncorrected is a distinct civil violation subject to an additional citation and fine in the amount prescribed by Subsection (b) of this Section.
The civil monetary fine for each civil violation of the provisions enumerated in Subsection (a), except Section 11-292.01, shall be Two Hundred Fifty Dollars ($250.00), except as provided in Subsection (c) of this Section and as provided in Section 11-277(c). The civil monetary fine for each civil violation of Section 11-292.01 shall be Ten Thousand Dollars ($10,000.00).
For a repeated civil violation, the following fines shall apply:
| 2nd violation |
$500.00 |
| Each subsequent violation |
$1,000.00 |
Any person who violates Section 4-180(a)(9) of this Code concerning unobstructed accessible routes to buildings shall, upon citation issued pursuant to Subdivision 1, be deemed to have committed a civil violation and shall pay to the County a civil monetary fine in the amount prescribed by Subsection (b) of this Section.
Each separate day of violation that remains uncorrected is a distinct civil violation subject to an additional citation and fine in the amount prescribed by Subsection (b) of this Section.
The civil monetary fine for each civil violation of the County Code concerning unobstructed accessible routes for disabled persons to buildings shall be Two Hundred Fifty Dollars ($250.00), except as provided in Subsection (c).
For a repeated civil violation, at the same location, within a thirty-six (36) month period, the following fines shall apply:
| 2nd violation |
$500.00 |
| Each subsequent violation |
$1,000.00 |
Any person who violates any of the following provisions of the County Code shall, upon citation issued pursuant to Subdivision 1, be deemed to have committed a civil violation and shall pay to the County a civil monetary fine in the amount prescribed by Subsection (b) of this Section: Sections 2-162.01, 29-124, and 29-125.
Each publication of a statement which constitutes a violation shall be a separate and distinct civil violation subject to an additional citation and fine in the amount prescribed by Subsection (b) of this Section.
The civil monetary fine for each civil violation of the provisions enumerated in Subsection (a) shall be One Thousand Dollars ($1,000.00).
Any person who violates Sections 5-234, 5-236, 5-237, 5-238, 5-238.01, and 5-239 of this Code concerning secondhand and pawn dealers shall, upon citation issued pursuant to Subdivision 1, be deemed to have committed a civil violation and shall pay to the County a civil monetary fine in the amount prescribed by Subsections (b) through (d) of this Section.
Each separate day of violation that remains uncorrected is a distinct civil violation subject to an additional citation and fine in the amount prescribed by Subsections (b) through (d) of this Section.
The civil monetary fine for each civil violation of Sections 5-234, 5-238, and 5-238.01 of the County Code shall be Two Hundred and Fifty Dollars ($250.00) for the first violation, Five Hundred Dollars ($500.00) for the second violation, and One Thousand Dollars ($1,000) for the third and each subsequent violation in excess of three (3) violations at the same location within a twelve (12) month period.
The civil monetary fine assessed against the employee of the Secondhand or Pawn Dealer for each civil violation of Sections 5-236, 5-237, and 5-239 of the County Code shall be One Hundred Dollars ($100.00).
The civil monetary fine assessed against the Secondhand or Pawn Dealer for each civil violation of Sections 5-236, 5-237, and 5-239 of the County Code shall be Two Hundred and Fifty Dollars ($250.00) for the first violation, Five Hundred Dollars ($500.00) for the second violation, and One Thousand Dollars ($1,000) for the third and each subsequent violation in excess of three (3) violations at the same location within a twelve (12) month period.
Any person who violates any of the following provisions of the County Code shall, upon citation issued pursuant to Subdivision 1, be deemed to have committed a civil violation and shall pay to the County a civil monetary fine in the amount prescribed by Subsection (b) of this Section:
Sections 5-2803 5-2806 5-2807 11-206 11-207 12-108 12-115(a)(1), (2)(A), (B), (C) and (D).
Each publication of a statement which constitutes a violation shall be a separate and distinct civil violation subject to an additional citation and fine in the amount prescribed by Subsection (b) of this Section.
The civil monetary fine for each civil violation of the provisions enumerated in Subsection (a) shall be Five Hundred Dollars ($500.00), except as provided in Subsection (c) of this Section and as provided in Section 11-277(c).
For a repeated civil violation, the following fines shall apply:
| 2nd violation |
$500.00 |
| Each subsequent violation |
$1,000.00 |
Any person who violates the provisions of Section 12-206 of the County Code shall, upon citation issued pursuant to Subdivision 1, be deemed to have committed a civil violation and shall pay to the County a civil monetary fine in the amount prescribed by Subsection (b) of this Section.
Each publication of a statement which constitutes a violation shall be a separate and distinct civil violation subject to an additional citation and fine in the amount prescribed by Subsection (b) of this Section.
The civil monetary fine for each civil violation of the provisions enumerated in Subsection (a) shall be Two Hundred Fifty Dollars ($250.00), except as provided in Subsection (c) of this Section.
For a repeated civil violation, the following fines shall apply:
| 2nd violation |
$500.00 |
| Each subsequent violation |
$1,000.00 |
A tanning facility with more than three violations of this section in a three year period shall have their use and occupancy permit revoked.
Any person who violates any of the provisions of Subtitle 4 of the County Code shall, upon citation issued pursuant to Subdivision 1, be deemed to have committed a civil violation and shall pay to the County a civil monetary fine in the amount prescribed by Subsection (b) of this Section. Each separate day of violation that remains uncorrected is a distinct civil violation subject to an additional citation and fine in the amount prescribed by Subsection (b) of this Section.
The civil monetary fine for each civil violation of this Subtitle shall be Two Hundred Fifty Dollars ($250.00). For a repeated civil violation, the following fines shall apply:
| 2nd violation |
$500.00 |
| Each subsequent violation |
$1,000.00 |