§ 71-2. Prepayable criminal citations.

(a) Citation with prepayable fine.

The criminal citations that Special Enforcement Officers are authorized to issue may provide that the recipient may waive trial and prepay a specified fine.

(b) Limitation on use.

The authority of the Special Enforcement Officers to issue prepayable citations is limited to violations that are specifically enumerated in this section and for which a specific prepayable fine is designated in this section.

(c) Procedure for issuance.

(1) Prior notice.

Notwithstanding any other provision of the City Code to the contrary, notice need not be given before issuance of a criminal citation under this section if, within the preceding 12 months:

(i) a notice for a prior violation of the same provision of law at the same address was issued to the same person, following which the violation was abated; or

(ii) a citation for the same violation at the same address was issued to the same person.

(2) Certification.

Every citation shall contain a certification signed by the issuing officer under penalties of perjury that the facts contained in the citation are true to the best of the officer's information, knowledge, and belief.

(3) Numbering; cancellation.

Citations issued under this section shall be numbered consecutively. After issuance, no citation may be canceled or voided except by the District Court.

(4) Distribution of original and copies.

Each citation shall be made with sufficient copies so that a copy can be served on the defendant or an agent authorized to receive court process, a copy retained by the officer, and copies provided as necessary for prosecution and collection purposes. After issuance and service, the issuing officer shall promptly file the original with the District Court.

(5) Dates entered.

On each citation, the Special Enforcement Officer shall enter:

(i) a trial date that is at least 2 weeks after the date of issuance; and

(ii) a date by which the specified fine may be paid if the recipient wishes to waive trial.

(6) Recipient's statement and signature.

The recipient of a citation is required to sign a statement on the citation acknowledging its receipt and promising to either appear for the scheduled trial or prepay the specified fine as directed. Failure to sign does not invalidate a citation.

(7) Identification.

It is unlawful for any person to whom a citation is issued to refuse to provide personal identification on request. Any person so refusing is subject to police arrest and, on conviction, to a fine not to exceed $500.

(d) Procedure for compliance.

(1) Prepayment of the fine constitutes a waiver of the right to trial. Prepayment authorizes the entry of a plea of no contest and a disposition of the charge in accordance with the facts contained in the citation.

(2) If payment of the fine has not been made in the time and manner directed, the recipient shall appear for trial in the housing part of the District Court of Maryland for Baltimore City on the scheduled date.

(3) The citation shall set forth a means by which the recipient may request the presence of the issuing officer at the trial. If the officer is not present at the trial and his or her presence has not been requested, the citation constitutes a stipulation by the recipient that if the officer were present at the trial, the officer would testify that the facts are as set forth in the citation. This stipulation, however, is not a waiver of the recipient's right to testify and to controvert the facts forth in the citation. The facts set forth in the citation shall be offered at the trial as all or part of the prosecution's case.

(4) Where the fine has not been prepaid as directed and the recipient fails to appear for trial on the scheduled date, the recipient is subject to the issuance of a bench warrant for arrest or the issuance of a show cause order for contempt of court. No bench warrant may issue until 5 days after the scheduled trial date.

(e) Form of citation.

Citations issued under this section shall be in a form approved by the District Court of Maryland.

(f) Contents of citation.

The contents of citations issued under this section shall comply with all relevant requirements of the Maryland Rules of Procedure and with § 16-16A of the Public Local Laws of Baltimore City.

(g) Continuing and recurring violations.

(1) Where the provision of law that has been violated provides that the continuation or recurrence of a violation constitutes a separate offense, a separate citation may be issued for each such separate offense.

(2) For 12 months after the District Court has disposed of a citation other than by a verdict of "not guilty", the fine specified for a violation is doubled on any citation issued to the same person for recurrence of the same violation at the same address.

(3) Issuance of a citation under this section does not preclude pursuit of other remedies and enforcement actions.

(h) Implementation.

Uniform administrative procedures for implementing this section shall be jointly devised and adopted by the Commissioner of Housing and Community Development, the Chief of the Fire Department, and the Commissioner of Health, in consultation with the District Court on any matter affecting the Court's operation.

(i) Enumeration of code violations and penalties.

The authority of a Special Enforcement Officer to issue prepayable criminal citations is limited to the following provisions of the City Code:

(1) Building, Fire, and Related Codes Article –

Fire Code

(2) Building, Fire, and Related Codes Article –

Property Maintenance Code

(3) Article 7. Natural Resources

(4) Article 19. Police Ordinances

(5) Article 32. Zoning