Md. Code, Local Government, Title 11

Md. Code, Local Government, Title 11
in effect

Md. Code, Local Government § 11-103

It is the intent of the General Assembly that the authority exercised under Article XI–F, § 8, of the Maryland Constitution, to limit the rate of property tax that a code county may impose or regulate the maximum amount of indebtedness that a code county may incur, be exercised only when there is the possibility that the code county is imposing an excessive rate of property taxation or is incurring indebtedness in an excessive amount.

Md. Code, Local Government § 11-201

(a) Unless a law, a resolution, or an ordinance classifies a violation as a criminal offense, the county commissioners may provide, by law, that a violation of an ordinance, a resolution, or a public local law is a civil infraction. (b) A civil infraction is a civil offense.

Md. Code, Local Government § 11-202

(a) Any official authorized by the county commissioners to serve a citation may serve a citation on a person who the official believes is committing a civil infraction. (b) The issuing authority shall retain a copy of the citation. (c) The citation shall contain: (1) a certification by the official who issued the citation attesting to the truth of the matter set forth in the citation; (2) the name and address of the defendant; (3) the nature of the civil infraction; (4) the location and time that the civil infraction occurred; (5) the amount of the fine assessed; (6) the manner, location, and time in which the fine may be paid to the county; and (7) notice of the defendant’s right to elect to stand trial.

Md. Code, Local Government § 11-203

A county may impose: (1) for the first commission of a civil infraction, a fine not exceeding $500; and (2) for a second or subsequent commission, a fine not exceeding $1,000 for each commission.

Md. Code, Local Government § 11-204

A defendant who receives a citation under this subtitle may: (1) pay the fine to the county within 20 days after the day on which the citation is received; or (2) elect to stand trial for the civil infraction as provided in § 11–205 of this subtitle.

Md. Code, Local Government § 11-205

(a) (1) To elect to stand trial for a civil infraction, the defendant shall provide notice of intention to stand trial to the county at least 5 days before the payment date specified in the citation. (2) After receiving the notice of intention to stand trial, the county shall forward a copy of the citation to the District Court having venue. (3) After receiving the citation, the District Court shall: (i) schedule the case for trial; and (ii) notify the defendant of the trial date. (b) (1) The county shall send a formal notice of the civil infraction to the defendant’s last known address if a defendant: (i) does not file a notice of intention to stand trial for the civil infraction within the time required under subsection (a) of this section; and (ii) does not pay the fine for the civil infraction by the payment date specified in the citation. (2) If the citation has not been satisfied within 15 days after the date of the notice, the county shall assess an additional fine not exceeding twice the original fine. (3) If the citation has not been satisfied within 35 days after the date of the notice, the county may request adjudication of the case in the District Court. (4) After receiving a request from the county, the District Court shall promptly: (i) schedule the case for trial; and (ii) summon the defendant to appear. (5) A defendant’s failure to respond to a summons issued under paragraph (4) of this subsection is contempt of court.

Md. Code, Local Government § 11-206

(a) (1) Subject to subsections (b) and (c) of this section, the State’s Attorney for a county shall prosecute a civil infraction in the same manner as a prosecution of a violation of the criminal laws of the State. (2) The State’s Attorney may enter a nolle prosequi or place the case on the stet docket in the same manner as provided by law for a violation of the criminal laws of the State. (b) (1) Subject to the approval of the county commissioners, the State’s Attorney may designate in writing the county attorney or an assistant county attorney to prosecute civil infractions. (2) The county attorney or assistant county attorney designated under this subsection may exercise the powers of the State’s Attorney in connection with a civil infraction. (c) The State’s Attorney for Allegany County is not required to be present at a trial for a violation of a civil infraction under §§ 13–503 through 13–506 of this article if the official who issued the citation for the civil infraction is present at the trial on behalf of the county.

Md. Code, Local Government § 11-207

(a) In a civil infraction proceeding: (1) the court shall confirm that the defendant has received a copy of and understands the charges; (2) the defendant may enter a plea of guilty or not guilty; (3) the court shall apply the evidentiary standards provided by law for the trial of a criminal case; (4) the defendant may: (i) cross–examine witnesses; (ii) produce evidence or witnesses on the defendant’s behalf; (iii) testify; and (iv) be represented by counsel of the defendant’s own choice and at the defendant’s expense; and (5) the burden of proof is the same as required by law in the trial of a criminal case. (b) The court may: (1) enter a verdict of guilty or not guilty; or (2) before entering a verdict, place the defendant on probation in the same manner as allowed in the trial of a criminal case.

Md. Code, Local Government § 11-208

(a) A defendant who is found to have committed a civil infraction shall pay: (1) the fine imposed under § 11–203 of this subtitle; and (2) court costs of $5. (b) A defendant is not liable for payment of costs imposed under § 7–409 of the Courts Article.

Md. Code, Local Government § 11-209

(a) If a defendant is found guilty of a civil infraction and a fine is imposed, the court may direct that the payment of the fine be suspended or deferred under conditions that the court sets. (b) A court may treat a defendant’s willful failure to pay a fine imposed under this subtitle as a criminal contempt of court. (c) The District Court shall remit to the county any fine, penalty, or forfeiture the court collects.

Md. Code, Local Government § 11-210

(a) A defendant who is found guilty of a civil infraction may file a motion for a new trial or a motion for a revision of judgment as provided by law for a criminal case. (b) (1) A motion filed under this section shall be filed in the same manner as a motion filed in a criminal case. (2) In ruling on a motion filed under this section, the court has the same authority that the court has in a criminal case.

Md. Code, Local Government § 11-301

(a) In this subtitle the following words have the meanings indicated. (b) “Curfew hours” means the hours between midnight and 5:00 a.m. (c) “Establishment” means a privately owned place of business operated for profit to which the public is invited. (d) “Guardian” means a person who is appointed by a court as a guardian. (e) (1) “Public place” means a place to which the general public has access for a lawful purpose. (2) “Public place” includes: (i) a public street, a sidewalk, an alley, a highway, and a right–of–way of a public street or highway; and (ii) the common areas of a transport facility, a school, a hospital, an apartment building, an office building, a shopping center, a park, a playground, a parking lot, a theater, a restaurant, a bowling alley, a tavern, a cafe, an arcade, and a shop. (f) “Remain” means to: (1) linger unnecessarily in a public place; or (2) fail to leave the premises of an establishment or a public place when asked by a law enforcement officer or an employee of the establishment or public place.

Md. Code, Local Government § 11-303

After making independent factual findings demonstrating a local need for a curfew, the county commissioners may adopt a juvenile curfew ordinance.

Md. Code, Local Government § 11-304

Subject to § 11–305 of this subtitle, a juvenile curfew ordinance shall state that: (1) a minor may not remain in a public place or on the premises of an establishment during curfew hours; (2) a parent or guardian of a minor may not knowingly allow the minor to remain in a public place or on the premises of an establishment during curfew hours; and (3) the owner, operator, or employee of an establishment may not knowingly allow a minor to remain on the premises of the establishment during curfew hours.

Md. Code, Local Government § 11-305

A juvenile curfew ordinance adopted under this subtitle does not apply to a minor who is: (1) accompanied by the minor’s parent or guardian; (2) performing an errand at the direction of the minor’s parent or guardian, without a detour or stop, until 12:30 a.m.; (3) accompanied by an adult authorized by the minor’s parent or guardian to have temporary care or custody of the minor for a designated period of time within a specified area; (4) with consent of the minor’s parent or guardian, involved in interstate travel; (5) engaged in legal employment activity or is going to or returning home from a legal employment activity; (6) involved in a sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect health, safety, welfare, or property from actual or threatened harm or an unlawful act; (7) on the property where the minor resides or on the sidewalk abutting the minor’s residence or abutting the residence of a next–door neighbor if an adult resident of that property has given permission for the minor’s presence; (8) attending or returning directly home from: (i) a school, religious, or recreational activity supervised by adults and sponsored by the local jurisdiction, a civic organization, or a volunteer association that takes responsibility for the minor; or (ii) a place of public entertainment, including a movie, play, or sporting event; (9) exercising First Amendment rights under the United States Constitution if the minor has first submitted to the chief of the local law enforcement agency a written communication that: (i) is signed by the minor and countersigned, if practicable, by the parent or guardian of the minor; (ii) includes the parent’s or guardian’s home address and telephone number; and (iii) specifies when, where, and in what manner the minor will be in a public place during curfew hours; or (10) remaining in a public place in a case of reasonable necessity if the minor’s parent or guardian has communicated to the chief of the local law enforcement agency facts: (i) establishing the reasonable necessity; and (ii) designating: 1. the specific public place and the points of origin and destination for the minor’s travel; and 2. the times the minor will be in the public place or traveling to or from the public place.

Md. Code, Local Government § 11-306

(a) (1) If a law enforcement officer reasonably believes that a minor is in a public place or on the premises of an establishment in violation of a juvenile curfew ordinance, the officer shall: (i) notify the minor that the minor is in violation of the juvenile curfew ordinance; (ii) require the minor to tell the officer the minor’s name, address, telephone number, and where to contact the minor’s parent or guardian; (iii) issue the minor a written warning that the minor is in violation of the juvenile curfew ordinance; and (iv) order the minor to promptly go home. (2) The law enforcement officer may take the minor: (i) to the minor’s home, if appropriate; or (ii) into custody and transport the minor to a local law enforcement station or designated curfew center when: 1. the minor has received one previous written warning for a violation of a juvenile curfew ordinance; 2. the law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act, as defined in § 3–8A–01 of the Courts Article; or 3. taking the minor into custody is authorized under § 3–8A–14 of the Courts Article. (3) A law enforcement officer may issue a civil citation for a violation of a juvenile curfew ordinance to: (i) a minor; (ii) a parent or guardian of a minor; or (iii) an owner, operator, or employee of an establishment. (b) The law enforcement agency shall send written notice of the violation of the juvenile curfew ordinance to the minor’s parent or guardian.

Md. Code, Local Government § 11-307

A civil citation for a violation of a juvenile curfew ordinance shall include a fine: (1) for a first offense, not exceeding $500; or (2) for a second or subsequent offense, not exceeding $1,000.

Md. Code, Local Government § 11-308

(a) When a minor is taken into custody for a violation of a juvenile curfew ordinance, the law enforcement officer shall: (1) immediately notify the parent or guardian of the minor to come take custody of the minor; and (2) determine whether, consistent with constitutional safeguards, the minor or the parent or guardian, or both, are in violation of the juvenile curfew ordinance. (b) (1) If the parent or guardian arrives to take custody of the minor and the appropriate information is recorded, the minor shall be released to the custody of the parent or guardian. (2) If the parent or guardian cannot be located or fails to take custody of the minor, the minor shall be released to: (i) the local department of social services; (ii) the Department of Juvenile Services; or (iii) another adult who will, on behalf of the parent or guardian, assume the responsibility of caring for the minor pending the availability or arrival of the parent or guardian.

Md. Code, Local Government § 11-401

(a) In this section, “department” means a department of public facilities and services. (b) The powers granted under this section may be exercised notwithstanding any other law in effect when the county commissioners exercise a power granted under this section. (c) The county commissioners, by public local law, may: (1) establish a department of public facilities and services; and (2) provide for the organization and functions of the department. (d) The county commissioners may assign to a department: (1) responsibility for construction, maintenance, repair, service, and management of: (i) public works, public buildings, publicly owned water and sewerage facilities and projects, and capital projects; (ii) water supply facilities and projects; (iii) wastewater collection, treatment, and disposal facilities and projects; (iv) solid waste collection, recycling, and disposal facilities and projects; (v) storm drainage, erosion, and sediment control facilities and projects; (vi) lighting for roads, highways, alleys, and other public places; or (vii) mosquito control facilities and programs; and (2) any other function or duty that is not inconsistent with this section. (e) (1) Subject to paragraphs (3) and (4) of this subsection, if the county commissioners assign to a department the responsibility for water and sewerage functions, the county commissioners shall abolish by public local law: (i) any water or sewer authority established for the county under Title 9, Subtitle 9 of the Environment Article; and (ii) any sanitary district or commission established for the county under Title 9, Subtitle 6 of the Environment Article. (2) Before abolishing a water or sewer authority or sanitary district or commission, the county commissioners may request that the entity provide to the county appropriate information to assist the county commissioners in complying with paragraph (3) of this subsection. (3) The public local law shall provide: (i) for the retiring, refunding, refinancing, transfer, or assumption of any applicable outstanding bonds of the abolished entity; (ii) for the assumption of all existing assets and liabilities of the abolished entity by the county, subject to an audit of the assets and liabilities by a certified public accountant; (iii) for the transfer of all real and personal property of the abolished entity to the county; (iv) for the transfer of responsibility and administration of any legally enforceable agreement between the abolished entity and another party to the county; (v) for the continued effect of orders, rules, and regulations of the abolished entity, until revoked or modified by the county commissioners; (vi) that any revenues of an abolished entity remain dedicated for the purpose collected and are not transferred into the county’s general fund; and (vii) that all matters pending before the abolished entity may continue and shall be completed by the department. (4) Any employee of a water or sewer authority or of a sanitary district or commission employed on the date that the authority, district, or commission is abolished who transfers to the department or to a municipality or local community under § 11–402 of this subtitle shall transfer without any loss of salary, retirement benefits, insurance benefits, leave time, seniority level, or other employee benefits. (f) (1) If the county commissioners abolish a water or sewer authority or sanitary district or commission, the county commissioners shall exercise the powers of a water or sewer authority or sanitary district or commission. (2) The county commissioners may: (i) adopt regulations for water and sewerage management; (ii) acquire, construct, operate, or maintain water and sewerage systems as the county commissioners consider to be in the public interest and necessary to protect the general health and welfare; and (iii) set rates, fees, and assessments for water and sewerage services and benefits.

Md. Code, Local Government § 11-402

(a) (1) In this section, “local community” means an incorporated or unincorporated community, other than a municipality, with a governing board that is elected by the property owners or residents of the community. (2) “Local community” includes a community association or similar association or a special taxing district if the association or district has a governing board elected by the property owners or residents of the community. (b) This section applies only if a county establishes a department of public facilities and services and assumes the responsibilities of a sanitary district or commission or a water or sewer authority under § 11–401 of this subtitle. (c) Subject to subsections (d) and (e) of this section, the county commissioners may enter into an agreement with the governing body of a municipality or a governing board of a local community that transfers responsibility for water or sewerage services to the municipality or local community. (d) An agreement made under this section shall be in writing and shall require that: (1) the municipality or local community continues to serve any area, within or outside its boundaries, that is served by the facilities transferred when the transfer occurs; (2) any increase in fees or taxes for water or sewerage services following the transfer be applied uniformly within and outside the boundaries of the municipality or local community; (3) the municipality or local community, in accordance with the agreement, assumes legal responsibility for the payment of principal of and interest on any applicable outstanding bonds issued by the county or by a water or sewer authority or a sanitary district or commission with respect to facilities being transferred to the municipality or local community; (4) the disposal of sewage sludge by the municipality or local community be conducted in accordance with county regulations; (5) the municipality or local community honors, in accordance with the agreement, any obligation that exists when the transfer occurs, for the treatment at a treatment facility of leachate generated at a landfill in the county; (6) the municipality or local community complies with the terms of any grant or requirement involving a federal or State agency concerning facilities or operations transferred to the municipality under the agreement; and (7) any revenues from an entity abolished under § 11–401 of this subtitle and transferred under the agreement remain dedicated for the purpose collected and are not transferred into the municipality’s or local community’s general fund. (e) An agreement made under this section shall specify: (1) the obligation of the parties to cooperate in the operation of any laboratory, the sharing of equipment, and other related matters in which the county and municipality or local community might mutually benefit; (2) the obligation of the parties to satisfy any vested retirement rights of employees who transfer from the county to the municipality or local community under the agreement; (3) the obligation of the parties to assure the maintenance of salary levels, retirement benefits, insurance benefits, vacation benefits, leave time, seniority levels, and other employee benefits, which are in effect for county employees who transfer to the municipality or local community under the agreement; and (4) any other matter relating to water or sewerage services on which the county and municipality or local community agree that are consistent with this section.

Md. Code, Local Government § 11-501

(a) In this subtitle the following words have the meanings indicated. (b) “Nonconsensual towing” means towing a motor vehicle from private property without the consent of the motor vehicle’s owner or operator. (c) “Tow truck” has the meaning stated in § 13–920 of the Transportation Article. (d) “Towing” means the moving or removal of a motor vehicle by a tow truck. (e) “Towing company” means a person that provides towing services. (f) “Towing service” means the operation of removing or towing motor vehicles.

Md. Code, Local Government § 11-503

The county commissioners may adopt rules and regulations for the licensing, maintenance, and operation of towing companies in the county to: (1) promote transparency, accountability, and uniformity regarding nonconsensual towing practices; (2) safeguard the public health and welfare; (3) promote good civic design; and (4) promote the health, safety, morals, order, convenience, and prosperity of the community.

Md. Code, Local Government § 11-504

The rules and regulations adopted by the county commissioners may: (1) require a person who maintains or operates a towing company in the county to obtain a license from the county; and (2) specify a reasonable fee for the license.

Md. Code, Local Government § 11-505

(a) (1) Before adopting rules and regulations under § 11–503 of this subtitle, the county commissioners shall hold a public hearing. (2) The rules or regulations are not valid unless a public hearing is held as advertised. (b) The county commissioners shall publish notice of the time and place of the public hearing in a newspaper of general circulation in the county once a week for not less than 4 successive weeks.

Md. Code, Local Government § 11-506

(a) A person who violates a rule or regulation adopted under § 11–503 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not less than $500 or imprisonment not exceeding 2 months or both. (b) Each day on which a violation continues is a separate offense.

Md. Code, Local Government § 11-507

In the event of a conflict, federal law, State law, or written program guidance issued by a unit of the federal or State government shall preempt a rule or regulation adopted or any other action taken under this subtitle.

Md. Code, Local Government § 11-601

(a) In this section, “regular employee” does not include: (1) an employee, as defined in § 4–501 of the Labor and Employment Article; (2) an appointed official; (3) an elected official; or (4) a supervisory, managerial, or confidential employee. (b) This section applies only in code counties in the Southern Maryland class, as established in § 9–302 of this article. (c) (1) A county may enact a local law to provide regular employees of the county the right to organize and bargain collectively with binding arbitration through representative employee organizations chosen by the regular employees. (2) A local law enacted in accordance with this section shall: (i) provide definitions of and remedies for unfair labor practices; and (ii) prohibit strikes or work stoppages by represented regular employees. (d) A local law enacted in accordance with this section may not affect the rights and duties of a county and any exclusive representatives under a local law enacted in accordance with Title 4, Subtitle 5 of the Labor and Employment Article.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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