[HISTORY: Adopted by the Mayor and Council of the Town of Berlin 11-20-1978 by Ord. No. 78-3. Amendments noted where applicable.]

§ 11-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

INFRACTION — Any violation of this Code, which violation has been specifically declared to be an "infraction." For purposes of this Code, an "infraction" is a civil offense.

MISDEMEANOR —

1. A criminal offense, not amounting to a felony, arising from a violation of a law of the state, which violation is defined as a "misdemeanor"; or
2. Unless otherwise specified, a violation of any law of this town. Violations of this Code shall be treated as "misdemeanors" unless specifically declared to be infractions.

§ 11-2. Declaration as infraction; fine. [Amended 10-12-1992 by Ord. No. 1992-13]

The Council shall, by official act, declare the violation of which ordinance or ordinances shall be an infraction or infractions, and for each such violation a specific fine shall be set. This fine shall never exceed $400 for any single, initial violation or $400 for each repeat or continuing violation. The fine shall be expressed as a discrete amount rather than being expressed in terms of a maximum or minimum amount. The authority to declare infractions and set fines shall not be delegated by the Council to any other administrative or legislative body.

§ 11-3. Issuance of citation.

Those code enforcement officials authorized by the Council to enforce this Code may deliver a citation to any person alleged to be committing an infraction. A copy of the citation shall be retained by the Town and shall bear the certification of the enforcing official attesting to the truth of the matter set forth in the citation. The citation shall contain at a minimum the following information:

1. Name and address of the person charged.
2. The nature of the infraction.
3. The location and time that the infraction occurred or was observed.
4. The amount of the infraction fine assessed.
5. The manner, location and time in which the fine may be paid to the Town.
6. The right of the accused to stand trial for the infraction.

§ 11-4. Payment of fine.

The fine for an infraction shall be as specified in the law violated. The fine is payable by the recipient of the citation to the Town within 20 calendar days of receipt of the citation.

§ 11-5. No formal hearing by town.

The Town shall not conduct any formal hearing for those persons in receipt of a citation of infraction. Any offender so cited may pay the fine as indicated in the citation or elect to stand trial for the offense. This provision shall not prevent an offender from requesting, either personally or through an attorney, additional information concerning the infraction.

§ 11-6. Election to stand trial.

A person receiving the citation for an infraction may elect to stand trial for the offense by notifying the Town, in writing, of his intention of standing trial. The notice shall be given at least five days prior to the date of payment as set forth in the citation. Upon receipt of the notice of the intention to stand trial, the Town shall forward to the District Court having venue a copy of the notice from the person who received the citation indicating his intention to stand trial. Upon receipt of the citation, the District Court shall schedule the case for trial and notify the defendant of the trail date. All fines, penalties or forfeitures collected by the District Court for violations of infractions shall be remitted to the general fund of the Town.

§ 11-7. Failure to pay fine. [Amended 10-12-1992 by Ord. No. 1992-13]

1. If a person receiving a citation for an infraction fails to pay the fine for the infraction by the date of payment set forth on the citation and fails to file a notice of his intention to stand trial for the offense, the person is liable for the assessed fine. The municipality may double the fine to an amount not to exceed $400 and request adjudication of the case through the District Court, including the filing of a demand for judgment on affidavit. The District Court shall promptly schedule the case for trial and summons shall result in the entry of judgment against the defendant in favor of the municipality in the amount then due if a proper demand on affidavit has been filed.
2. If any person shall be found by the District Court to have committed a municipal infraction:
1. The person shall be required to pay the fine determined by the District Court, not exceed the limits of $400.
2. The fines imposed shall constitute a judgment in favor of the municipality.
3. If the fine remains unpaid for 30 days following the date of its entry, the judgment shall be enforceable in the same manner and to the same extent as other civil judgments for money unless the Court has suspended or deferred the payment of the fine.
4. The person shall be liable for the cost of the proceedings in the District Court.
5. The Court may order the person to abate the violation or enter an order permitting the municipality to abate any such condition at the person’s expense.

§ 11-8. Conviction not construed as municipal offense.

Conviction of a municipal infraction, whether by the District Court or by payment of the fine to the Town, is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.

§ 11-9. Court proceedings and rights of accused.

    In any proceeding for a municipal infraction, the accused shall have the same rights as for the trial of criminal cases. He shall have the right to cross-examine witnesses against him, to testify or introduce evidence in his own behalf and to be represented by an attorney of his own selection and at his own expense.