(B) Whenever an alleged civil refuse covering infraction comes to the attention of the Sheriff’s office, or the person designated by the Director of the Division of Utilities and Solid Waste Management (hereinafter referred to as the “designee”), the procedure to be followed is:
(1) That the Sheriff or his Deputy shall investigate whether an infraction has occurred;
(2) That, if the investigation indicates that an infraction has occurred, the Sheriff or Deputy shall issue a citation to the driver of the vehicle on a State of Maryland citation form;
(3) That, if the vehicle is no longer in the area, the Sheriff or his deputy will issue a citation to the owner of the vehicle on a State of Maryland citation form;
(4) That, whenever an alleged civil refuse covering infraction comes to the attention of the designee, the designee may issue a citation to the driver of the vehicle.
(C) A fine of $100 is hereby imposed upon any person responsible for a civil refuse covering infraction. All fines shall be payable to the county in the office of the Sheriff, or in the office designated by the Director of the Division of Utilities and Solid Waste Management in the case of a citation issued by the designee, which shall remit the same on a weekly basis to the County Treasurer.
(D) A person who receives a citation may elect to stand trial for the offense by filing with the Sheriff, or the Division of Utilities and Solid Waste Management of Frederick County if the citation was issued by the designee, 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 Sheriff, or the Director of the Division of Utilities and Solid Waste Management if the citation was issued by the designee, shall forward to the District Court for Frederick County, Maryland, a copy of the citation and the notice of the 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 refuse covering 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 $200 for each infraction. If, after 35 days, the citation is not satisfied, the Sheriff, or the Director of the Division of Utilities and Solid Waste Management if the citation was issued by the designee, 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 Ann., Local Government Article, Title 6. However, the County Attorney is hereby authorized to prosecute all civil refuse covering infractions under this section.
(H) If a person is found by the district court to have committed a civil refuse covering 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 seeking of other legal remedies, such as injunctions or criminal prosecution.
(Ord. 86-28-405, 5-27-1986; Ord. 88-1-478, 1-5-1988; Ord. 11-13-579, 6-7-2011; Ord. 14-23-678, 11-13-2014)