§ 30-1-301. PARK HOURS; PROHIBITION AGAINST AFTER HOURS USE.

(a)

Penalty for violation.

(1)

A person who violates a provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment for not more than 90 days.

(2)

A minor who is issued a criminal violation is subject to the procedures and dispositions provided under Title 3, Subtitle 8A of the Courts Article of the Annotated Code of Maryland.

(3)

An adult who is issued a criminal violation is subject to the procedures and disposition of violations established under § 10-119 of the Criminal Law Article of the Annotated Code of Maryland.

(b)

Citations.

(1)

This subsection does not apply to a violation under § 30-1-204 of this title.

(2)

As provided in this subsection and in addition to any other remedy authorized by law, the Director may enforce the provisions of this title in accordance with Article 3, Title 6, of the Code.

(3)

The Director may issue citation to a person who violates a provision of this title.

(4)

The citation shall:

(i)

Be in writing and describe with particularity the nature of the violation, including a reference to the county code provision the person has allegedly violated;

(ii)

Include any civil penalty proposed to be assessed not to exceed $500; and

(iii)

Advise the person that the person may contest the citation or proposed civil penalty by filing with the Director, within 15 days after receipt of the citation, a written request for a hearing.

(5)

Each day of a violation constitutes a separate offense.

(6)

If the violator does not request a code enforcement hearing within the 15 days required under this subsection, the citation and any civil penalty are deemed a non-appealable final order of the Director.

(7)

(i) Except as provided in this paragraph, the code enforcement proceedings shall continue as provided in §§ 3-6-206 and 3-6-207 of the Code and Article 3, Title 6, Subtitles 3 and 4 of the Code.

(ii)

For purposes of this subsection:

(A)

All references to the "Code Official" shall be deemed to refer to the Director;

(B)

All references to the "violator" shall be deemed to refer to the person who has received a citation under this title; and

(C)

All references to the "Hearing Officer" shall be deemed to refer to the individual designated by the Director to conduct code enforcement hearings under this title.

(iii)

Section 3-6-206(c), (d), and (e) of the Code does not apply to a citation issued under this title.

(c)

Enforcement authority.

(1)

In accordance with § 18-2-703 of the Code, the Director of Budget and Finance designates persons authorized by the Director of Recreation and Parks to have parking enforcement authority for violations of this Title or Article 18 of the Code on county park property.

(2)

A violation under § 30-1-204 of this title shall be enforced in accordance with Article 18 of the Code.

(d)

Prosecution. The County Attorney shall prosecute the civil violations at the hearings.

(e)

At law or in equity. This section may not be construed to prevent the county from instituting any appropriate action or proceeding at law or in equity for the enforcement of violations or the correction of the violations.

(f)

Other remedies. The provisions of this section shall be in addition to any other remedy allowed by law to the county for this purpose.

(1988 Code, § 29-8) (Bill No. 114-99, § 5, 7-1-2004; Bill No. 42-16 , § 2, 8-21-2016)