[HISTORY: Adopted by the County Council of
Talbot County 2-22-2022 by Bill No. 1496.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bill also repealed former Ch. 102, Parks
and Recreation, adopted 3-13-2001 by Bill No. 807, as
amended 4-16-2013 by Bill No. 1234; 5-24-2016 by Bill No.
1330; 1-9-2018 by Bill No. 1380; and 1-12-2021 by Bill No. 1467.
The provisions of this chapter shall apply in and upon all parks
within the County.
A.
COUNTY
DEPARTMENT
DIRECTOR
HOUSEHOLD GARBAGE
LITTER
PARK
VEHICLE
As used in this chapter, the following terms shall have the meanings
indicated.
Talbot County, Maryland.
The Talbot County Department of Parks and Recreation.
The Talbot County Director of Parks and Recreation.
The waste materials from normal household living conditions.
All rubbish, waste matter, refuse, trash, debris, dead animals,
or other discarded materials of every kind and description.
Any land or water devoted to park or recreational uses and
owned, operated, or established by the County, including but not limited
to all parks, playgrounds, recreational areas, facilities, buildings,
grounds, and water operated or administered by the Department for
recreational purposes.
Any motor vehicle, moped, minibike, trail bike, all-terrain
vehicle, snowmobile, motorized scooter, or bicycle, as well as other
cycles.
The Talbot County Department of Parks and Recreation be and
the same hereby is created.
The Department shall be responsible for the organization and
conduct of public recreation and public parks in all areas of the
County not presently controlled by one of the municipal subdivisions.
It shall also be responsible for the organization and conduct of public
parks, playgrounds, and other recreational facilities open to the
public which are so located, excepting Hog Neck Golf Course. It shall
encourage development of cooperative programs and joint use of facilities
among the various political subdivisions of the County and act as
a clearinghouse for coordination of ongoing programs. It shall coordinate
use of the facilities with the Board of Education. The Department
shall have such other duties as may be prescribed by directive of
the County Manager or by legislative act of the County Council not
inconsistent with the County Charter.
A.
The following regulations shall apply to all parks under the authority
of the Department:
(1)
Hours of operation. No unauthorized person or vehicle may enter or
remain on any park or portion thereof from dusk to dawn. Any park
or portion thereof may be closed by the Director to public entry and
travel during periods of construction or maintenance; when deemed
necessary due to road conditions, park operations, or fire hazards;
or for the protection of park property or the environment or the health,
safety, and welfare of the public. The closing shall be by order of
the Director, and restricted areas shall be posted against public
entry.
(2)
Use. Park property and recreation and park programs are open to use
by all members of the public. Permits shall be displayed upon request
of Department personnel or law enforcement agencies with enforcement
duties within the County.
(3)
Charges. No person may make use of or gain admittance to facilities
in any park, or portion thereof, for the use of which a charge is
made by the Department unless he or she shall have paid the fixed
charges or price.
(4)
Interference with Department employees. No person shall interfere
with any employee or agent of the Department while the employee or
agent is acting in the course of his or her official duties.
(5)
Advertising. A person may not erect or post any sign, notice, or
literature in a park nor use any loud speaker or public address system
without first obtaining a permit from the Department.
(6)
Aeronautical activities. Powered model airplanes or rockets may not
be flown over or launched from any park except on areas designated
for such purposes or with written authorization from the Department.
Airplanes, helium hot air balloons, hang gliders, parachutes, ultra-light
planes, or any other person-operated aircraft shall not be flown or
launched from park property except from areas designated for such
purposes or by permit.
(7)
Animals. Owners and handlers of animals shall comply with the provisions of Chapter 15 (Animals) of the County Code. Riding of horses, ponies, or other animals is prohibited except in those areas designated for such purposes by the Department. The grazing of any animal is prohibited except by permit.
(8)
Automobiles. A person may not wash, repair, or perform other work
on any automobile on park property except in the case of an emergency.
(9)
Camping. No person shall camp on park property except by permit and
in such areas as may be designated for such purposes by the Department.
(10)
Commercial activities. Peddling, soliciting, or conducting of
any business, trade, or occupation, including the taking of photographs
and motion pictures for commercial use is prohibited except by permit
from the Department.
(11)
Destruction of park property. No person shall deface, alter,
injure, destroy, misuse, or remove any monuments, boundary lines,
physical structures, lands, installation, notices, signs, historical
materials, or artifacts or any other County property.
(12)
Firearms. No persons, other than a law enforcement officer or
a person holding a valid license, shall carry, possess, or discharge
a firearm on park property except in those areas designated for such
purpose.
(13)
Fires. No person shall build or cause to be built any fire except
within established barbecue grills provided by the Department at picnic
areas. No person shall leave any fire, unless such fire is attended
by a responsible person at least 18 years of age, and all such fires
shall be thoroughly extinguished prior to leaving the site.
(14)
Fishing. Fishing is permitted only in designated areas and in
compliance with State law and posted rules.
(15)
Flora and fauna. Unless authorized by law, a person may not
catch, molest, or kill any wildlife or disturb any nest, burrow, or
den of any animal or fowl. A person may not injure, remove, or destroy
any flora without permission of the Department. Planting of vegetation
and/or digging into the surface of park property is prohibited except
by permit.
(16)
Golf. Golf practice is prohibited on park property.
(17)
Hunting. Hunting and trapping is prohibited on park property
except by permit for scientific and animal control purposes.
(18)
Littering. No person shall dump or dispose of litter in or upon
any park except in a designated trash receptacle. No household garbage
shall be deposited in or upon any park or in any trash receptacle
in any park.
(19)
Obstructions. No person shall congregate or assemble in or about
any comfort station or other public structure on park property in
such a manner as to hinder or obstruct the proper use thereof. Enclosure
of any area or erection of any structure on park property is prohibited
unless a permit is first obtained from the Department.
(20)
Paths and trails. Those paths and trails designated by the Department
as foot paths, nature trails, or bicycle trails may be used only by
pedestrians and nonmotorized vehicles. Horses, horse-drawn vehicles,
and other vehicles shall be prohibited.
(21)
Trees. No person may cut or saw any live or dead tree or part
thereof with any type of equipment, power or otherwise, on park property
or remove any live or dead trees from park property except by permit.
(22)
Trespassing. No person shall remain upon park property after
a lawful command to vacate the same by any law enforcement officer
or by the Director or his/her authorized representative.
(23)
Swimming. Swimming and water sports are prohibited except at
such times and places as may be designated for such purposes. Persons
utilizing authorized areas shall comply with rules and regulations
posted by the Department.
(24)
Traffic.
(a)
The operation of all motorized vehicles on park property shall
be in compliance with all applicable laws and regulations.
(b)
Instruction from a Department employee or police officer, by
gesture or otherwise, to reduce the speed of a vehicle, to bring it
to a stop, to alter its direction, or to remove it from a restricted
area shall immediately be obeyed by the operator or owner of the vehicle.
(c)
No person shall operate any motorized vehicle in excess of 25
miles per hour, unless otherwise posted or directed.
(d)
No person shall operate any motorized vehicle on park property
other than on a road or street to which public access has not been
prohibited.
(e)
Buses, trucks, and commercial vehicles with commercial marking
or tools of trade, with the exception of taxicabs and tool trucks
on service calls to disabled vehicles, shall not be operated on park
property unless a permit has first been obtained from the Department.
(f)
No person shall operate a vehicle in such a manner as to block
or partially block any bicycle, hiker, bridle path, or access road.
(25)
Watercraft. No person shall operate any watercraft upon any
County or park waters nor launch watercraft from County or park property
except at such time and place as may be designated for such purposes
by the Department and in compliance with any regulations promulgated
by the Department and posted near watercraft launch sites. Nothing
herein shall be deemed to prohibit the operation of watercraft such
as kayaks, canoes, and personal watercraft where appropriate to do
so, in the Department's sole discretion.
The Director is authorized to limit or restrict any park or section thereof to certain activities, uses, or age groups and to prohibit activities and uses of any park or section thereof, or to impose rules and regulations in addition to those set forth in § 102-5 herein when deemed necessary for the health, safety, and welfare of the public or for the protection of park property. Such limits, restrictions, regulations, or prohibitions shall be by order of the Director and posted in the affected areas.
A.
Permits or written permission required under the provisions of this
chapter for the conduct of any activity or for the use of any park
facility or portion thereof may be issued to any individual, group,
or organization at the discretion of the Department.
B.
Application for a permit shall be made upon a form furnished by the
Department and shall be accompanied by any fee established by the
Department and approved by the County Council from time to time by
resolution.
C.
Permits will be issued for a single-time use, seasonally, or on a
definite time basis for regional parks, athletic fields, recreation
centers, or County-owned community buildings.
D.
Permits will be issued upon a determination by the Director or the
Director's designee that the facilities or activity areas requested
are available and appropriate for the purpose specified in the permit
and that the proposed use or activity is consistent with the size,
location, and available amenities or the relevant park property and
with the public health, safety, and welfare.
E.
Any persons holding a permit for the use of a facility or activity
area are entitled to the exclusive use of the area(s) described therein
on the dates and between the hours specified in the permit; provided,
however, that Director reserves the right to revoke any permit if,
in the Director's sole discretion, the premises upon which the
permitted use or activity is to occur are unsuitable for, or would
be damaged by, such use or activity at the time when it is scheduled
to occur.
F.
False or misleading statements in the application or prior violations
of this chapter or the terms or provisions of any prior permit shall
be grounds for denial of a permit.
G.
The holder of a group permit issued by the Department shall be financially
responsible for the destruction of park property by any person covered
by the permit.
A.
Any person who violates any provision of this chapter or any rule, regulation, directive, restriction, or permit issued pursuant thereto shall be guilty of a civil infraction and shall be subject to a fine of $50 for an initial violation and a fine of $100 for any subsequent violations; provided, however, that any person who violates § 102-5A(11), (12), (13), (15), (16), (17), or (18) of this chapter shall be subject to a fine of $500 for an initial violation and a fine of $1,000 for any subsequent violations. Each day a violation continues shall constitute a separate violation and shall be subject to a separate fine, with no requirement for additional citations or assessments.
B.
Enforcement. The Director or his/her designee shall enforce this chapter and for that purpose shall have and may exercise the same authority as that granted to the Chief Code Compliance Officer in Chapter 58, Enforcement of Code. This includes, without limitation, authority to issue administrative abatement orders, civil penalties, fines, and all other available remedies as provided in Chapter 58. Additionally, the Sheriff and any Deputy Sheriff of the Talbot County Sheriff's Department shall have such authority to enforce this chapter.
C.
Rebuttable presumption. It shall be a rebuttable presumption that
any article bearing a person's name and/or address which is found
at a location in violation of this section is the property of the
person whose name and/or address it bears; and it shall be a rebuttable
presumption that this person placed or caused the article to be placed
at the location where found.
There is hereby created a Talbot County Parks and Recreation
Advisory Board.
The Talbot County Parks and Recreation Advisory Board shall
consist of 10 voting members, including one member from the County
Council, the County Manager, and the Director of the Department of
Parks and Recreation as ex officio nonvoting members. The term of
the County Council representative shall expire with the Council elective
term of office. The appointed members shall be selected as follows:
one member each from the Towns of Easton, St. Michaels, Oxford, and
Trappe, as nominated by those respective bodies and appointed by the
Council; one member each from Chapel District, Easton District, and
the Bay Hundred District, and three at-large members, two of whom
shall be appointed by the County Council and one of whom shall be
nominated by the Talbot County Board of Education and appointed by
the County Council. Existing appointments shall continue for their
full current terms, and the members from Chapel District and the Easton
District shall serve a partial term from July 1, 2016, and July 1,
2017, respectively, and shall be eligible for consideration for reappointment
to a subsequent four-year term. As each term expires, the new appointment
shall be for a term of four years, to commence from the first day
of July of the year in which it is made or until a successor is appointed.
Vacancies, except for those at the expiration of a term, shall be
filled in the same manner as an original appointment and for the unexpired
term. Members of the Advisory Board shall receive no compensation
for their services. The Advisory Board shall annually elect a Chairman
and Vice Chairman from its membership. From time to time, the County
Council or the Advisory Board may create subcommittees and task forces
whose members may but need not be members of the Advisory Board.
The Advisory Board shall assess the recreational needs and resources
of the County and may coordinate with community organizations to promote
recreational opportunities for the general public. It shall review
the annual budget request prepared by the Director. It shall make
recommendations to the Director and the County Council regarding the
staffing, maintenance, and operation of recreational facilities and
programs, as well as landings, docks, and other public property under
its management. The Advisory Board shall make recommendations to the
County Council relating to plans and policies for public recreation,
the organization of recreational councils, the establishment of recreational
programs, and plans for the acquisition of land for public recreation
and open space prepared by the Office of Planning and Zoning. The
Advisory Board shall meet as needed, but not less than quarterly.
All meetings shall be open to the public, unless applicable Maryland
law permits an executive or closed session. The Advisory Board shall
report on its activities annually and at such other times as requested
by the County Council.
The County Council shall appoint a Director of Parks and Recreation,
who shall be a department head within the organizational structure
of the County and shall supervise the operations of the Department,
subject to the authority of the County Manager. The Director shall
annually prepare a budget request for the Department, which shall
first be submitted to the Talbot County Parks and Recreation Advisory
Board for approval. The budget request shall be prepared in accordance
with applicable County regulations and the provisions of this chapter.
