(B) Whenever an alleged or possible civil smoking infraction comes to the attention of the Director of Parks and Recreation Division, the procedure to be followed is:
(1) That the Director of Parks and Recreation Division or his authorized agent shall investigate whether an infraction has occurred;
(2) That, if the investigation indicates that an infraction has occurred, he will call the alleged violator in to discuss the matter with the person;
(3) That, if after investigation and after discussion, the Director reasonably finds that an infraction has occurred, he will issue a written warning to the alleged violator stating that the next violation will cause a citation to be issued;
(4) That, if the alleged violator is again accused of an infraction, the Director or his authorized agent will investigate the matter and discuss it with the alleged violator; if the Director reasonably finds that a second infraction has occurred, he will issue a citation to the person on a State of Maryland citation form;
(5) That, notwithstanding the provisions of step (3) above, the Director may issue a citation at step (3) without the prior issuance of a warning if the alleged violator indicates that he or she will not follow the provisions of § 1-11-3.
(C) A fine of $25 is hereby imposed upon any person responsible for a civil smoking infraction. All fines shall be payable to the county in the Parks and Recreation Division, which shall remit the same on a daily basis to the County Treasurer.
(D) A person who receives a citation may elect to stand trial for the offense by filing with the Director of Parks and Recreation Division 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 a notice of intention to stand trial, the 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 smoking infractions shall be remitted to the county through the 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 at his or her employment address. If the citation is not satisfied within 15 days from the date of the notice, the person is liable for a fine of $50 for each infraction. If, after 35 days, the citation is not satisfied, the 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. Code, Local Government Article, Title 6. However, the County Attorney is hereby authorized to prosecute all civil smoking infractions under this section.
(H) If a person is found by the district court to have committed a civil smoking infraction, he shall be liable for the costs of the proceedings in the district court.
(I) Nothing contained in this section shall prohibit or prevent the Director of the Parks and Recreation Division or the County Attorney’s office from seeking other legal remedies, such as injunctions or criminal prosecution.
(Ord. 86-27-404, 5-27-1986; Ord. 14-23-678, 11-13-2014)