[HISTORY: Adopted by the County Council of Dorchester County 9-27-2005
by Bill No. 2005-10. Amendments noted where applicable.]
A.
It is declared policy of Dorchester County to preserve,
protect and encourage the development and improvement of its waterways for
the harvesting of seafood. It is the purpose of this chapter to reduce the
loss to the County of its commercial seafood and fishing industry by limiting
the circumstances under which commercial seafood and fishing industry operations
may be deemed to constitute a nuisance, trespass, or other interference with
the reasonable practices associated with the preparation and activity of and
to handle, harvest, buy, sell, load, unload, transport and process commercial
seafood, including, but not limited to, boats leaving and returning at all
hours, painting crab pots, chemicals, paints, dust, power tools, maintenance
of boats and any and all other equipment, running and operation, noise, smell
and presence of machinery and equipment associated with commercial seafood
operating at any and all hours; provided that nothing in this chapter shall
in any way restrict or impede the authority of the state and of the County
to protect the public health, safety and welfare.
B.
It is in the public interest to promote a clearer understanding
between seafood industry operations and residential neighbors concerning the
normal inconveniences of seafood industry operations which follow generally
accepted seafood industry practices and do not endanger public health or safety.
C.
This chapter is not intended to and shall not be construed
as in any way modifying or abridging local, state or federal laws relating
to health, safety, zoning, licensing requirements, environmental standards
(including those standards which relate to air and water quality), and the
like.
D.
An additional purpose of this chapter is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near commercial seafood operations of the inherent potential problems associated with such purchase or use. These potential problems include, but are not limited to, boats leaving and returning at all hours, painting crab pots, chemicals, paints, dust, power tools, maintenance of boats and any and all other equipment, running and operation, noise, smell and presence of machinery and equipment associated with commercial seafood operating at any and all hours. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near commercial seafood operations and be prepared to accept attendant conditions as the natural result of living in or near rural and urban areas. However, this chapter shall be effective regardless of whether disclosure was made in accordance with § 126-5 herein ("Right to operate Seafood Industry and Real Estate Transfer Disclosure").
As used in this chapter, the following terms shall have the meanings
indicated:
- COMMERCIAL SEAFOOD OPERATION
- Includes, but is not limited to, all matters relating to the harvest of seafood in Dorchester County, including boats leaving and returning at all hours, painting of crab pots, bait, salt, paints, dust, power tools, maintenance of boats and any and all other equipment, running and operation, noise, smell and presence of machinery and equipment associated with commercial seafood operating at any and all hours but not limited to workers, boats, generators, ice making, refrigerated trucks, chum trucks, boilers, steam generators, cooking, fork lifts, heating equipment, cooling equipment, soft crab shedding equipment, tanks, pallets, cooking baskets and drums.
- GENERALLY ACCEPTED SEAFOOD INDUSTRY PRACTICES
- Those methods used in connection with the commercial seafood and fishing industries which do not violate applicable federal, state or local laws or public health safety and welfare and which are generally accepted commercial seafood and fishing practices in the commercial seafood and fishing industry. Generally accepted seafood industry practices include practices which are recognized as best management practices and those methods which are authorized by various governmental agencies, bureaus and departments. If no generally accepted seafood industry practices exist or there is no method authorized by those agencies mentioned herein which governs a practice, the practice is presumed to be a generally accepted seafood industry practice.
- HEALTH OFFICER
- The Director of the Health Department for Dorchester County or his designee.
- LAND
- All real property within the boundaries of Dorchester County and all territorial waters, rivers, bays and creeks located within Dorchester County.
A.
A private action may not be maintained with respect to
a seafood industry operation on the grounds that the seafood industry operation
interferes or has interfered with the use or enjoyment of property, whether
public or private, if:
(1)
The seafood operation has been under way for a period
of one year or more and if the operation or any future change in the operation
did not constitute a nuisance from the date the operation or change in the
future operation began; and
(2)
The seafood operation is conducted substantially in accordance
with generally accepted seafood industry practices.
B.
Notwithstanding any provision of this section, no action
alleging that a seafood industry operation has interfered with the reasonable
use or enjoyment of real property or personal well-being shall be maintained
if the plaintiff has not sought arbitration through Seafood Reconciliation
Committee.
A.
Nuisances which affect public health.
(1)
Complaints. A person may complain to the Dorchester County
Health Department to declare that a nuisance which affects public health exists.
(2)
Investigations. The Health Officer may investigate all
complaints of nuisance received against a seafood industry operation. When
a previous complaint involving the same condition resulted in a determination
by the Health Officer that a nuisance condition did not exist, the Health
Officer may investigate the complaint but the Health Officer may also determine
not to investigate such a complaint. The Dorchester County Health Department
may initiate any investigation without citizen complaint.
(3)
After the Health Officer has completed his investigation,
he will report his findings to the Seafood Reconciliation Committee, to aid
in its determination as to the existence of a nuisance.
B.
Seafood Reconciliation Committee.
(1)
If any conflict cannot be resolved regarding an interference
with the use or enjoyment of property from seafood industry operations, the
parties to that controversy may file a written complaint with the Seafood
Reconciliation Committee.
(2)
There is hereby established the Dorchester County Seafood
Reconciliation Committee, which shall arbitrate and mediate disputes involving
seafood operations and issue opinions on whether such seafood operations are
conducted in a manner consistent with generally accepted seafood industry
management practices.
(3)
The Seafood Reconciliation Committee shall be composed
of five persons, all County residents, all of whom shall have a seafood industry
background, and shall be appointed by the County Council. Members of the Committee
shall serve a three-year term; however, the initial appointments shall be
as follows:
(4)
The Seafood Reconciliation Committee will conduct its
proceedings in an informal manner and the rules of evidence shall not apply.
In each case before it the Seafood Reconciliation Committee shall engage in
nonbinding arbitration in controversies arising out of seafood industry operations,
including but not limited to the invasion of property and personal rights
by seafood industry operations.
(a)
If the Seafood Reconciliation Committee or a court finds
that the conduct of a party in bringing or maintaining an action in connection
with a seafood industry operation was in bad faith or without substantial
justification, the Seafood Reconciliation Committee or court shall require
that party to pay to the owner of the seafood industry operation (or any other
party opponent) the costs of the proceeding and the reasonable expenses, including
reasonable attorney's fees, incurred by that party in defending against
the action.
A contract or an addendum to the contract of sale for any real property
in Dorchester County shall contain in conspicuous type the following disclosure
statement:
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RIGHT TO OPERATE SEAFOOD INDUSTRY REAL ESTATE TRANSFER DISCLOSURE
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Notice To Buyer
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DORCHESTER COUNTY ALLOWS SEAFOOD INDUSTRY OPERATIONS (as defined in the Dorchester County Seafood Industry Right to Work, Chapter 126 of the Dorchester County Code). You may be subject to inconveniences or discomforts arising from such operations, including but not limited to boats leaving and returning at different hours of the day, odors, fumes and noises associated with the maintenance of boats and any and all other equipment, noise, smell and presence of machinery and equipment associated with commercial seafood operating at various hours, including but not limited to workers, boats, generators, refrigeration, ice making, refrigerated trucks, chum trucks, all other trucks, boilers, steam generators, boats, cooking, fork lifts, heating equipment, cooling equipment, soft crab shedding equipment and lighting. Dorchester County has determined that inconveniences or discomforts associated with such seafood industry operations shall not be considered to be an interference with reasonable use and enjoyment of land, if such operations are conducted in accordance with generally accepted seafood industry practices. Dorchester County has established a reconciliation committee to assist in the resolution of disputes which might arise between persons in this County regarding whether seafood industry operations are causing an interference with the reasonable use and enjoyment of land or personal well-being and whether those operations are being conducted in accordance with generally accepted seafood industry practices.
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Seller:
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Date:
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Seller:
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Date:
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I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT:
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Buyer:
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Date:
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Buyer:
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Date:
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IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
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Should any provision, section, paragraph or subparagraph of this chapter,
including any code or text adopted hereby, be declared null and void, illegal,
unconstitutional, or otherwise determined to be unenforceable by a court having
competent jurisdiction, the same shall not affect the validity, legality,
or enforceability of any other provision, section, paragraph or subparagraph
hereof, including any code or text adopted hereby. Each such provision, section,
paragraph or subparagraph is expressly declared to be and is deemed severable.
Section headings, chapter headings, titles, etc. are for the purpose
of description or ease of use and do not form a part of the text of this chapter
or any code or text adopted hereby.
Except to the extent specifically provided herein, this chapter shall
not discharge, impair or release any contract, obligation, duty, liability
or penalty whatever existing on the date of its enactment. It is not intended
hereby that the law of nonconforming use be changed, or that the court's
rule of construction concerning the application of changes in the law during
the pendency of actions be modified hereby, but simply that this chapter should
not effect a change between private parties.
This chapter shall be cited as the "Dorchester County - Seafood Industry
Right to Work."