[HISTORY: Adopted by the Mayor and Council
of the Town of Rock Hall 5-12-2005 by Ord. No. 2005-03. Amendments noted
where applicable.]
For purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
indicated:
A contiguous property owner or resident.
An employee or contracted agent of the Town designated by
the Mayor and Council to exercise the authority and perform the functions
and duties set out in this chapter.
All organic waste consisting of the residue of animal, fruit,
or vegetable matter and resulting from the preparation, cooking, handling,
or storage of food. "Garbage" does not include human or animal feces.
Old or scrap:
A.
Copper and brass;
B.
Rope;
C.
Rags;
D.
Batteries;
E.
Paper;
F.
Trash;
G.
Rubber debris, including tires;
H.
Waste;
I.
Iron, steel, and any other old or scrap material,
including wrecked, scrapped, ruined, or dismantled motor vehicles
or motor vehicle parts; or
J.
PERSON
REFUSE
RUBBISH
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
UNFIT STRUCTURE
VEHICLE
Household appliances.
An individual, group of individuals, organization, firm,
corporation, association, partnership, government unit, or any other
entity of any kind.
Ashes, garbage, rubbish, junk, industrial waste, motor drain
oil, dead animals, and all other solid waste materials including salvageable
waste.
All refuse other than garbage, whether combustible or noncombustible,
including but not limited to:
Rubbish from building construction or reconstruction;
Dead trees, uprooted tree stumps, and other
organic matter;
Slash;
Rubble;
Street refuse;
Two or more untagged or unregistered vehicles;
Inoperative lawn and garden machinery;
Household appliances;
Machinery;
Bottles and cans;
Plastic;
Wastepaper;
Cardboard;
Sawdust piles and slash remaining from abandoned
sawmill operations; and
All other waste materials and unsightly debris
from any industry.
Any dwelling, building, or part of a dwelling or building
that is a hazard to the safety, health, or welfare of the public because
it is in disrepair, is unsanitary, or is vermin- or rodent-infested.
A device, such as a piece of mechanized equipment, for transporting
goods, passengers, or equipment, including but not limited to cars,
trucks, motorcycles, and boats.
A.
In general. Each act or condition that is prohibited
by this section constitutes a nuisance or a public hazard under this
chapter.
B.
Deposit or accumulation in or upon any land, sidewalk,
street, highway, or alleys. Unless done in a manner approved by the
enforcement officer or a properly designated agent of the enforcement
officer, a person may not deposit or accumulate in or upon any land,
sidewalk, street, highway, or alley:
C.
Discharge from moving vehicle holding tank. Except
for normal agricultural practices, a person may not discharge any
foul liquids or sewage from any type of mobile vehicle holding tank,
except into an approved sewer or treatment works.
D.
Disposal. A person may not dispose of human excreta,
crab waste, dead chickens, hogs, horses, cows, sheep, dogs, cats,
or any other fowl or animal in or upon any land, sidewalk, street,
highway, or alley, or in or upon any other public or private place,
unless the matter is:
E.
Conveying through alley, street, or highway. A person
may not convey garbage, swill, refuse, dead animals, dead fowl, or
other filthy matter through any alley, street, or highway, public
or private, in a manner not approved by the Enforcement Officer. This
subsection does not prohibit the activities of licensed septage haulers,
or the transportation of sludge or sludge products otherwise licensed
or allowed by law.
F.
Use as landfill. Except for licensed or governmentally
operated sanitary landfills, a person may not use garbage, offal,
or other decaying or putrescent matter, either by itself or in connection
with ashes or other harmless matter, to fill in any land or other
space.
G.
Unfit structure.
(1)
A person may not permit any unfit structure to exist.
(2)
At the request of the Enforcement Officer, a licensed
building inspector may inspect any property at any reasonable time
to determine whether an unfit structure is located on the property.
(3)
The Enforcement Officer may find that a structure
is an unfit structure only after reviewing a written report prepared
by a licensed building inspector who has inspected the structure.
(4)
If the Enforcement Officer finds that a structure
is an unfit structure, the Enforcement Officer shall cause a notice
to be served upon the owner or one of the owners of the property on
which the structure is located, as determined by the Town's records
or the records of the State Department of Assessments and Taxation.
(5)
The notice issued pursuant to this subsection shall:
(a)
Describe the property and state how the structure
located thereon is an unfit structure;
(b)
Order that, within 30 days after service of
such notice, the owner(s) of the property on which the unfit structure
is located shall commence measures to make the structure safe and
secure, or to remove the structure, and shall proceed expeditiously
to complete such work; and
(c)
Be served either personally or by certified
mail, and, if service is made by certified mail, a copy of the notice
shall be posted conspicuously on the structure found to be an unfit
structure and on any other structure on the property that appears
to be a dwelling.
H.
Rodent control. A person may not fail to exercise
proper rodent control measures to discourage or eliminate the presence
of rats and other vermin.
J.
Hazardous substances. A person may not deposit or
store materials containing a substance defined or identified as a
hazardous substance under Title 7, Subtitle 2, of the Environment
Article of the Annotated Code of Maryland, as amended, on any land
in the Town of Rock Hall.
K.
Vehicles not legally tagged or registered.
(2)
This subsection does not apply to any existing new
or used car dealer or bona fide automotive repair shop within the
Town of Rock Hall.
(3)
The owner or any other person charged with the possession
or responsibility of any vehicle that is not tagged or registered
with an appropriate state agency may not leave the vehicle unattended,
abandoned, stored, or otherwise inoperative on any street, public
way, or private property within the Town of Rock Hall for a period
of more than 30 consecutive days.
L.
Height of vegetation.
(1)
This subsection does not apply to:
(a)
Trees, cultivated crops, or cultivated ornamental
shrubbery or plants;
(b)
Lots or parcels of land devoted to a bona fide
agricultural use or designated by any governmental agency as a wildlife
preserve, official wetlands, or forests; or
(c)
Areas required to be maintained in a natural
vegetative state by any governmental agency.
(2)
A person may not allow any vegetation to grow higher
than 12 inches on any lot or parcel of land that is immediately adjacent
to improved property.
M.
Flow of liquid substances.
(1)
No owner or tenant of any building or lot may permit
any wastewater, slop, or liquid substance of any kind, except rainwater
and water from noncommercial car washing or water from a hose, to
run or flow from any building or lot into the alleys, streets, gutters,
or sidewalks of the Town of Rock Hall.
(2)
No person in any business or industrial district within
the Town of Rock Hall may permit any wastewater, including rainwater,
to run or flow from any building across any sidewalk of the Town of
Rock Hall.
N.
Burning on streets and sidewalks. No person may burn
any paper, rubbish, or refuse in or upon any sidewalk, street, or
alley within the Town of Rock Hall.
O.
Abandoned refrigerators. No person may abandon, discard,
store, or keep in any place accessible to children, or permit, as
an owner, lessee, or manager, to remain on premises under his control,
a refrigerator, freezer, or any other similar container of any kind
that is no longer used for refrigeration purposes and that has an
airtight door or lock that may not be released for opening from the
inside of said refrigerator, freezer, or container, unless the attached
doors, hinges, lids, or latches have been removed.
P.
Grass, leaves, and yard waste.
(2)
The Town provides for the collection of grass clippings,
leaves, garden clippings and branches. A person may call the Town
Manager to coordinate the placement and deposit of such yard waste
at the appropriate street or alley line for collection.
(3)
Nothing in this section shall be construed as prohibiting
the temporary scattering of grass clippings, leaves, or other lawn
or garden wastes in or upon the streets, curbs, alleys, drainage ditches,
or sidewalks of the Town of Rock Hall when it occurs incidental to
and during mowing, raking, or clipping operations. Any such scattering
of grass clippings, leaves, or other lawn or garden wastes shall be
removed and corrected immediately at the conclusion of any mowing,
raking, or clipping operations.
Q.
Obstruction of vision of vehicle operators.
(1)
If the Enforcement Officer finds that there exist
on any private property within the Town of Rock Hall any trees, bushes,
vines, weeds, undergrowth, loose earth, or other objects or materials,
except buildings and similar structures affixed to the ground, that
obstruct the vision of operators of vehicles traveling upon any public
street, road, or highway so as to constitute a traffic hazard, the
Enforcement Officer shall immediately upon making such finding serve
a written notice upon the owner, agent, lessee, or any other person
having control or supervision of the property.
(2)
The notice shall:
(a)
Describe the property on which the obstruction
exists;
(b)
State the particulars in which the obstruction
affects the vision of vehicle operators;
(c)
Indicate the steps necessary to correct the
condition(s) causing the obstruction;
(d)
Order that corrective steps be taken within
a stated period of time, which shall not be fewer than 10 days;
(e)
Inform the recipient of the notice of the right
to appeal the order as provided in this subsection; and
(f)
Be served either personally or by registered
mail. If the person to whom the notice is directed is not known to
reside in and cannot be found in the Town of Rock Hall, service shall
be made by publication of such notice once in a newspaper of general
circulation in the Town and by posting, in a conspicuous manner, on
the property on which the obstruction is located. Service by publication
and posting shall be deemed to be made on the day of publication or
posting, whichever first occurs.
(3)
Any person who considers himself aggrieved by any
order issued pursuant to this subsection may, within 10 days of receipt
of such order, petition the Mayor and Council, in writing, for a hearing
on such order. Within 30 days from the receipt of such petition, the
Mayor and Council shall hold such a hearing, after which it may affirm,
modify, or rescind the order.
(4)
The Mayor and Council shall not remove any obstruction
or enforce any order issued pursuant to this subsection until after
a hearing by the Mayor and Council has been held consistent with the
provisions of this subsection, or until after the time to petition
for such a hearing has expired without such petition having been filed.
(5)
Upon failure of any person to comply with the provisions
of any order issued pursuant to this subsection within the time specified
therein, the Mayor and Council shall direct their designee to enter
upon the property on which the obstruction is located and remove all
or such part of the obstruction as may be necessary to eliminate the
traffic hazard.
(6)
If the Enforcement Officer reasonably believes that
an obstruction presents a threat of imminent public danger, the Mayor
and Council may, immediately upon making such determination, direct
their designee to enter upon the property on which the obstruction
is located and remove all or such part of the obstruction as may be
necessary to eliminate the threat.
R.
Obstruction on sidewalks, alleys, and streets. No
person may place or allow to remain in, upon, or over any sidewalk,
alley, or street within the Town of Rock Hall any box, crate, barrel,
carton, bricks, logs, lumber, lime, cement or other building material,
or anything else that might obstruct the free passage along and upon
the sidewalk, alley, or street or that may make the sidewalk, alley,
or street unsightly or dangerous to the public health or safety, without
first obtaining from the Mayor and Council a permit to place and maintain
the obstruction.
A.
Sanitary condition of premises. The owner and occupant
of any premises in the Town of Rock Hall are responsible for the sanitary
condition of the premises.
B.
Nuisances and public hazards prohibited. A person
may not place, deposit, maintain, or voluntarily allow to be placed,
deposited or maintained on the person's premises any matter, material,
or substance that constitutes a nuisance or public hazard under this
chapter.
The Enforcement Officer and the sworn law enforcement
officers who have jurisdiction in the Town of Rock Hall are authorized
to enforce this chapter.
A.
Designation. The Mayor and Council shall designate
a qualified individual(s) to be the Enforcement Officer under this
chapter.
B.
Investigation. The Enforcement Officer may conduct
an investigation when the Enforcement Officer:
C.
Notice of abatement. If the Enforcement Officer determines
that an act or condition constitutes a nuisance or public hazard under
this chapter, the Enforcement Officer may serve a notice, in writing,
on the person responsible for the condition requiring the person to
abate the act or condition within a time specified in the notice.
A.
Action to abate nuisance or public hazard. The Mayor
and Council may take any action legally necessary to abate a nuisance
or public hazard, including applying to a court of competent jurisdiction
for an injunction.
A.
Penalty. Pursuant to Article 23A, Section 3, of the
Annotated Code of Maryland, a person who fails to abate a nuisance
or public hazard is guilty of a municipal infraction and is subject
to a fine at the discretion of the Enforcement Officer.
B.
Method of assessment. In determining the appropriate
class of fine for a municipal infraction under this chapter, the Enforcement
Officer shall consider:
(1)
The nature of the conduct or conditions causing the
nuisance or public hazard and the likelihood of potential personal
injury or property damage therefrom;
(2)
The culpability of the person or persons deemed responsible
for the nuisance or public hazard;
(3)
Whether the person or persons deemed responsible for
the nuisance or public hazard failed to abide by any notices or warnings
issued by the Enforcement Officer with respect to the nuisance or
public hazard; and
(4)
The length of time the nuisance or public hazard existed
as of the time of the enforcement action.
C.
Each day a separate offense. Each day that a violation
of this chapter continues may be considered a separate offense.
The recitals to this Ordinance No. 2005-03 are
incorporated herein and deemed a substantive part of this chapter,
as follows:
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WHEREAS, under Article 23A, Section 2, of the
Annotated Code of Maryland, the Mayor and Council of the Town of Rock
Hall have the express ordinance-making power to prevent and remove
public nuisances; and
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WHEREAS, under Article 23A, Section 2, of the
Annotated Code of Maryland, the Mayor and Council have the express
ordinance-making power to regulate or prevent the throwing or depositing
of any dirt, garbage, trash, or liquids in any public place; and
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WHEREAS, under Article 23A, Section 2, of the
Annotated Code of Maryland, the Mayor and Council have the power to
pass such ordinances they deem necessary to secure persons from danger
and destruction and to protect the health, comfort, and convenience
of the citizens of the Town of Rock Hall; and
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WHEREAS, the Mayor and Council of the Town of Rock Hall, for the good and welfare of the community, deem it necessary and appropriate to create new Chapter 157 of the Code of the Town of Rock Hall for the purpose of proscribing certain conduct and conditions that are detrimental to the citizens of the community.
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