by Geoff Fox
If you are found to be in violation of a town ordinance or town code, you could be facing a potential municipal infraction from the town. Discussion of a municipal infraction guideline is expected to come up during the April 9 town meeting.
The discussion began during the March town meeting with town attorney Ed Kuczynski.
Kuczynski said he and Town Manager Mike Faith have talked about instances in town where there have been infractions of ordinances that need to be corrected. Faith put forth the idea that charging the offender with a criminal offense would be “strong arm or overkill.”
What some towns have done to find a middle ground is to designate their ordinances as municipal infractions.
“I hesitate to give out the concept of a violation of an ordinance being a municipal infraction, but I think at the end of the day, honestly being charged with a criminal violation gets somebody’s attention quicker than anything you can hand them,” Kuczynski said.
In drafting similar municipal infractions for other towns, Kuczynski has given the enforcement person the option to give a municipal infraction citation.
That would be a civil violation, or they could utilize a misdemeanor infraction where it could be a criminal violation and involve the police.
Depending on the violation, a town police officer or a code officer could issue the municipal infractions.
The citations are issued on forms printed by the Maryland District Court System, Kuczynski said.
When the citation is completed, there is a carbon copy filed with the district court, and if it gets that far, a trial date is set.
Kuczynski said any fine paid for the municipal infraction would be paid to the town, unlike a criminal violation.
“If it ends up in court, the penalty there, any fine would flow back to the town to help defray the cost,” he said.
The idea is that an official notification of a municipal infraction would be a last resort for issues that couldn’t be resolved directly. For example, property owners who are reluctant to abide by the town’ s codes and figure nothing can be done to them, the municipal infraction citation would charge them civilly and that citation would carry a financial penalty that grows on a daily basis.
Kuczynski said it was his recommendation the town move forward with having municipal citations.
Faith would later explain that Hancock has a town code. For example, there is a code against leaving a car abandoned along the road for more than 24 hours.
Under the code, anyone who would violate that part of the provision could be issued a civil citation and in conviction, be guilty of a misdemeanor.
Faith said the abandoned car could just be towed by the town, but under the ordinance, they have the authority to issue a civil citation.
“We’re not interested in charging people with misdemeanors because that’s a criminal offense,” Faith said. “All we’re interested in is if we have the ability to issue a civil citation and fine somebody.”
What Kuczynski has done is made a charter amendment saying the town would now have the option of a civil citation or the misdemeanor. The town is more interested in a civil citation providing enough enforcement to get the person to comply with the town rules.
The new amendment, would add the option for an infraction to carry a fine and not necessarily become a misdemeanor.
“Just because your car broke down and left abandoned on a city street for 25 hours, I don’t want you to go to jail,” Faith said.
And any fine from the municipal violation would be paid to the town and taxpayers.
This municipal violation amendment would also assist in the town’ s efforts to address blighted properties.
Right now, the town has the county helping with those properties, but Faith said he’d rather handle them “in house.”
The county, unlike the Town of Hancock, has inspectors. Faith would like to get the county inspectors to do a detailed inspection report and then go from there.
This would give town officials the authority to tell owners they have 30 days to fix the issues or get a civil citation.
Those fines could add up to $1,000 a day.
“We need to have a policy in place where everyone’ s treated fairly,” Faith said, “like people have every opportunity to address the issues with their buildings.”
If the town moves forward, the final version of what Kuczynski drew up for the town would become a new ordinance and be effective 20 days after it is passed.
Faith said the discussion and introduction of the municipal infractions would take place at the April 9 town meeting. Passage could happen at the May meeting, and then take effect 20 days later, which would be early June.
