§ 1974a. Enforcement of civil ordinance violations
(a) A civil penalty of not more than $800.00 may be imposed for a violation of a civil
ordinance. Each day the violation continues shall constitute a separate violation.
(b) All civil ordinance violations, except municipal parking violations, and all continuing
civil ordinance violations, where the penalty is $800.00 or less, shall be brought
before the Judicial Bureau pursuant to Title 4 and this chapter. If the penalty for
all continuing civil ordinance violations is greater than $800.00, or injunctive relief,
other than as provided in subsection (c) of this section, is sought, the action shall
be brought in the Criminal Division of the Superior Court, unless the matter relates
to enforcement under chapter 117 of this title, in which instance the action shall
be brought in the Environmental Division of the Superior Court.
(c) The Judicial Bureau, on application of a municipality, may order that a civil ordinance
violation cease.
(d) Civil enforcement of municipal zoning violations may be brought as a civil ordinance
violation pursuant to this section or in an enforcement action pursuant to the requirements
of chapter 117 of this title.
(e)(1) When filed in court as an enforcement action by the municipality, municipal parking
violations shall be brought as civil violations. The right to trial by jury shall
not apply in such cases.
(2) A person who received a criminal conviction in District Court for a municipal parking
violation committed before January 1, 2005 may petition the court to seal all records
in the matter. The person shall provide a copy of the petition to the State or municipal
official who was the prosecuting authority on the matter in District Court. The court
shall grant the petition if, after providing the prosecuting authority with an opportunity
to respond, the court finds that sealing the records would serve the interests of
justice. (Added 1993, No. 237 (Adj. Sess.), § 4, eff. Nov. 1, 1994; amended 1997, No. 121 (Adj. Sess.), § 17; 2003, No. 115 (Adj. Sess.), § 77, eff. Jan. 1, 2005; 2003, No. 146 (Adj. Sess.), § 5, eff. Jan. 1, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 155 (Adj. Sess.), § 2.)