Maryland Code, LOCAL GOVERNMENT 6-103
Terms Used In Maryland Code, LOCAL GOVERNMENT 6-103
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) who the official believes is committing or has committed a municipal infraction; or
(2) on the basis of an affidavit that:
(i) cites the facts of the alleged infraction; and
(ii) is submitted to a designated official of the municipality.
(b) (1) The citation shall be served on the defendant:
(i) in accordance with Maryland Rule 3-121; or
(ii) for real property-related violations, if an affidavit is made that good faith efforts to serve the defendant under Maryland Rule 3-121(a) have not succeeded, by:
1. regular mail to the defendant’s last known address; and
2. posting the citation at the property where the municipal infraction has occurred or is occurring and, if located in the municipality, at the defendant’s residence or place of business.
(2) The enforcement officer shall retain a copy of the citation.
(c) The citation shall contain:
(1) the enforcement officer’s certification:
(i) attesting to the truth of the matter set forth in the citation; or
(ii) that the citation is based on an affidavit;
(2) the name and address of the defendant;
(3) the nature of the municipal infraction;
(4) the location and time that the municipal infraction occurred;
(5) the amount of the fine assessed;
(6) the manner, location, and time in which the fine may be paid to the municipality;
(7) notice of the defendant’s right to elect to stand trial; and
(8) notice of the effect of failing to pay the fine or demand a trial within the required time.