Unless a law, a resolution, or an ordinance classifies a violation as a criminal offense, the county commissioners may provide, by law, that a violation of an ordinance, a resolution, or a public local law is a civil infraction. A civil infraction is a civil offense.

Any official authorized by the county commissioners to serve a citation may serve a citation on a person who the official believes is committing a civil infraction. The issuing authority shall retain a copy of the citation. The citation shall contain: a certification by the official who issued the citation attesting to the truth of the matter set forth in the citation; the name and address of the defendant; the nature of the civil infraction; the location and time that the civil infraction occurred; the amount of the fine assessed; the manner, location, and time in which the fine may be paid to the county; and notice of the defendant’s right to elect to stand trial.

A county may impose: for the first commission of a civil infraction, a fine not exceeding $500; and for a second or subsequent commission, a fine not exceeding $1,000 for each commission.

A defendant who receives a citation under this subtitle may: pay the fine to the county within 20 days after the day on which the citation is received; or elect to stand trial for the civil infraction as provided in § 11–205 of this subtitle.

To elect to stand trial for a civil infraction, the defendant shall provide notice of intention to stand trial to the county at least 5 days before the payment date specified in the citation. After receiving the notice of intention to stand trial, the county shall forward a copy of the citation to the District Court having venue. After receiving the citation, the District Court shall: schedule the case for trial; and notify the defendant of the trial date. The county shall send a formal notice of the civil infraction to the defendant’s last known address if a defendant: does not file a notice of intention to stand trial for the civil infraction within the time required under subsection (a) of this section; and does not pay the fine for the civil infraction by the payment date specified in the citation. If the citation has not been satisfied within 15 days after the date of the notice, the county shall assess an additional fine not exceeding twice the original fine. If the citation has not been satisfied within 35 days after the date of the notice, the county may request adjudication of the case in the District Court. After receiving a request from the county, the District Court shall promptly: schedule the case for trial; and summon the defendant to appear. A defendant’s failure to respond to a summons issued under paragraph (4) of this subsection is contempt of court.

Subject to subsections (b) and (c) of this section, the State’s Attorney for a county shall prosecute a civil infraction in the same manner as a prosecution of a violation of the criminal laws of the State. The State’s Attorney may enter a nolle prosequi or place the case on the stet docket in the same manner as provided by law for a violation of the criminal laws of the State. Subject to the approval of the county commissioners, the State’s Attorney may designate in writing the county attorney or an assistant county attorney to prosecute civil infractions. The county attorney or assistant county attorney designated under this subsection may exercise the powers of the State’s Attorney in connection with a civil infraction. The State’s Attorney for Allegany County is not required to be present at a trial for a violation of a civil infraction under §§ 13–503 through 13–506 of this article if the official who issued the citation for the civil infraction is present at the trial on behalf of the county.

In a civil infraction proceeding: the court shall confirm that the defendant has received a copy of and understands the charges; the defendant may enter a plea of guilty or not guilty; the court shall apply the evidentiary standards provided by law for the trial of a criminal case; the defendant may: cross–examine witnesses; produce evidence or witnesses on the defendant’s behalf; testify; and be represented by counsel of the defendant’s own choice and at the defendant’s expense; and the burden of proof is the same as required by law in the trial of a criminal case. The court may: enter a verdict of guilty or not guilty; or before entering a verdict, place the defendant on probation in the same manner as allowed in the trial of a criminal case.

A defendant who is found to have committed a civil infraction shall pay: the fine imposed under § 11–203 of this subtitle; and court costs of $5. A defendant is not liable for payment of costs imposed under § 7–409 of the Courts Article.

If a defendant is found guilty of a civil infraction and a fine is imposed, the court may direct that the payment of the fine be suspended or deferred under conditions that the court sets. A court may treat a defendant’s willful failure to pay a fine imposed under this subtitle as a criminal contempt of court. The District Court shall remit to the county any fine, penalty, or forfeiture the court collects.

A defendant who is found guilty of a civil infraction may file a motion for a new trial or a motion for a revision of judgment as provided by law for a criminal case. A motion filed under this section shall be filed in the same manner as a motion filed in a criminal case. In ruling on a motion filed under this section, the court has the same authority that the court has in a criminal case.

Adjudication of a civil infraction is not a criminal conviction for any purpose.