[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:
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.
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.
The Director of the Health Department for Dorchester County
or his designee.
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."
