§ 10-112. Litter violations; use of surveillance systems
West's Annotated Code of MarylandCriminal LawEffective: October 1, 2012
Effective: October 1, 2012
MD Code, Criminal Law, § 10-112
§ 10-112. Litter violations; use of surveillance systems
(b) This section applies to a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter that occurs at a dumping site monitored by a surveillance system.
(c) The Department may:
(d)(1) Unless the individual committing a violation received a citation from a police officer at the time of the violation, the owner of the vehicle used to commit the violation, or in accordance with subsection (g)(4) of this section, the individual committing the violation, is subject to a civil penalty if the violation and the motor vehicle used to commit the violation are recorded on a surveillance image by a surveillance system while the individual is committing a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter.
(e)(1) Subject to the provisions of paragraphs (2) through (4) of this subsection, the Department shall mail to the owner liable under subsection (d) of this section a citation that shall include:
(viii) a signed statement by a duly authorized agent of the Department that, based on inspection of surveillance images, the motor vehicle was being used by an individual who was committing a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter;
(f)(1) A certificate alleging that a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter occurred, sworn to or affirmed by a duly authorized agent of the Department, based on inspection of surveillance images produced by a surveillance system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section.
(g)(1) The District Court may consider in defense of a violation:
(3) In order to satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in the citation shall provide to the District Court evidence to the satisfaction of the court of the identity of the person in the surveillance image who was actually committing the violation, including, at a minimum, the person's name and current address.
(4)(i) If the District Court finds that the person named in the citation did not commit the violation or receives evidence under paragraph (3) of this subsection identifying the person who committed the violation, the clerk of the court shall provide the Department with a copy of any evidence substantiating who was operating the vehicle at the time of the violation.
(h) If the person named in the citation does not pay the civil penalty and does not contest the violation, the Motor Vehicle Administration may:
(i) A violation for which a civil penalty is imposed under this section:
Credits
Added by Acts 2006, c. 13, § 1, eff. Feb. 18, 2006; Acts 2006, c. 16, § 1, eff. Feb. 24, 2006. Amended by Acts 2012, c. 231, § 1, eff. Oct. 1, 2012.
MD Code, Criminal Law, § 10-112, MD CRIM LAW § 10-112
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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