Section 4-101 - Charge by citation.
§ 4-101. Charge by citation.
(a) Definitions.-
(1) In this section the following words have the meanings indicated.
(2) (i) "Citation" means a written charging document that a police officer or fire marshal issues to a defendant, alleging the defendant has committed a crime.
(ii) "Citation" does not include an indictment, information, or statement of charges.
(3) "Fire marshal" means:
(i) the State Fire Marshal;
(ii) a deputy State fire marshal; or
(iii) as designated under § 6-304 of the Public Safety Article:
1. an assistant State fire marshal; or
2. a special assistant State fire marshal.
(4) "Police officer" has the meaning stated in § 2-101 of this article.
(b) Citation by United States Park Police officers.- Within areas of the National Park System, a United States Park Police officer may exercise the authority of a police officer to issue a citation under this section.
(c) Citation by police officer.-
(1) Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a police officer may issue a citation for:
(i) sale of an alcoholic beverage to an underage drinker or intoxicated person under Article 2B, § 12-108 of the Code;
(ii) malicious destruction of property under § 6-301 of the Criminal Law Article, if the amount of damage to the property is less than $500;
(iii) disturbing the peace or disorderly conduct under § 10-201 of the Criminal Law Article; or
(iv) misdemeanor theft under § 7-104(g)(2) or (3) of the Criminal Law Article.
(2) A police officer may issue a citation to a defendant if the officer is satisfied with the defendant's evidence of identity and reasonably believes that the defendant will comply with the citation.
(d) Citation by fire marshal.-
(1) Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a fire marshal may issue a citation for:
(i) discharging fireworks without a permit under § 10-104 or § 10-110 of the Public Safety Article;
(ii) possessing with intent to discharge or allowing the discharge of fireworks under § 10-104 or § 10-110 of the Public Safety Article; or
(iii) maintaining a fire hazard under § 6-317 of the Public Safety Article.
(2) A fire marshal may issue a citation if the fire marshal is satisfied with the defendant's evidence of identity and reasonably believes that the defendant will comply with the citation.
(e) Form.-
(1) This section does not apply to a citation that is:
(i) authorized for a violation of a parking ordinance or a regulation adopted by a State unit or political subdivision of the State under Title 26, Subtitle 3 of the Transportation Article;
(ii) authorized by the Department of Natural Resources under § 1-205 of the Natural Resources Article; or
(iii) authorized by Baltimore City under § 16-16A (special enforcement officers) of the Code of Public Local Laws of Baltimore City for violation of a code, ordinance, or public local law of Baltimore City concerning building, housing, health, fire, safety, zoning, or sanitation.
(2) Except as otherwise expressly provided by law, the Chief Judge of the District Court shall prescribe a uniform, statewide form of a citation.
(3) Except for the uniform motor vehicle citation form, the law enforcement agencies of the State, the United States Park Police, and the Office of the State Fire Marshal shall reimburse the District Court for printing the citation forms that law enforcement officers and the State Fire Marshal require.
[An. Code 1957, art. 27, §§ 594B-1, 594B-2(a), (b), (c), (d), (e); 2001, ch. 10, § 2; 2002, ch. 213, § 6; ch. 544; 2003, chs. 13, 17; 2004, ch. 252; 2005, ch. 21; ch. 25, § 1.]