(A) Pursuant to Chapter 634 of the Laws of Maryland 1984, being §
2-2-29 of the Frederick County Code (1979), any violation of the provisions of Article III of this chapter is a civil infraction and shall be called a civil park infraction. If after investigation, a civil park infraction is believed to exist or is observed directly by park personnel, the Frederick County Division Director of the Parks and Recreation Division or his or her division representative shall deliver a citation or a warning to the person or persons responsible for the infraction. If the infraction occurs inside of a vehicle, the driver shall also be cited as having control of the vehicle.
(B) The citation or warning, as provided for in this section, shall be in writing and shall contain the following:
(1) The name and address of the person charged (or warned);
(2) The nature of the violation;
(3) The location of the violation;
(4) The date(s) of the violation;
(5) The amount of the fine to be assessed (or possible of assessment);
(6) The manner, location and time in which the fine may be paid;
(7) The person’s right to stand trial for the violation (if applicable); and
(8) A certification by the Division Director or authorized designee attesting to the truth of the matters set forth.
(C) A fine of $50 is hereby imposed upon any person responsible for a civil park infraction for each violation. All fines shall be payable to the county, in the office of the Parks and Recreation Division, which shall remit same on a daily basis to the County Treasurer. Each day such violation is permitted to exist shall be considered a separate infraction.
(D) A person who receives a citation may elect to stand trial for the offense by filing with the Division Director a notice of intention to stand trial. The notice shall be given at least 5 days before the date of payment of the fine as set forth in the citation. On receipt of the notice of intention to stand trial, the Division Director shall forward to the District Court for Frederick County, Maryland, 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. All fines, penalties or forfeitures collected by the District Court for park infractions shall be remitted to the county, through the Frederick County Treasurer.
(E) If a person who receives a citation for an infraction fails to pay the fine by the date of payment set forth on the citation and fails to file a notice of intention to stand trial, a formal notice of the infraction shall be sent to the person’s last known address. If the citation is not satisfied within 15 days from the date of the notice, the person is liable for a fine of $100 for each infraction. If after 35 days, the citation is not satisfied, the Division Director 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.
(F) Adjudication of an infraction under this section is not a criminal conviction, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.
(G) In a proceeding 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 Md. Ann. Code, Local Government Article, Title 6. However, the County Attorney is hereby authorized to prosecute park infractions under this section.
(H) If a person is found by the District Court to have committed a civil park infraction, he or she shall be liable for the costs of the proceedings in the District Court.
(Ord. 90-06-604, 2-6-1990; Ord. 05-35-396, 10-25-2005; Ord. 07-23-463, 6-26-2007; Ord. 14-23-678, 11-13-2014)
