[Adopted 7-22-2008 by Ord. No. 08-08]
A. 
It is declared policy of Queen Anne's County to preserve, protect and encourage the preservation and improvement of its waterways for the harvesting of seafood. It is the purpose of this Part 3 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 or trespass, and to limit interference with the reasonable practices associated with the handling, harvesting, buying, selling, loading, unloading, transporting and processing of commercial seafood, including, but not limited to, boats leaving and returning at various hours, painting, preparation and cleaning of crab pots, use of chemicals, paints, dust and power tools, maintenance of boats and any and all other equipment, the 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 operators and residential neighbors concerning the normal inconveniences of seafood industry operations are generally accepted seafood industry practices.
C. 
This Part 3 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 Part 3 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, use of chemicals, paints, dust and power tools, the maintenance of boats and any and all other equipment, the running and operation, noise, smell and presence of machinery and equipment associated with commercial seafood operating at various 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 areas which have such operations. This Part 3 shall be effective regardless of whether disclosure was made in accordance with the provisions of § 18:1-180.
As used in this Part 3, 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 Queen Anne's County, including boats leaving and returning at all hours, painting of crab pots, the use of bait, salt, paints, dust and power tools, the maintenance of boats and any and all other equipment, the running and operation, noise, smell and presence of machinery and equipment associated with commercial seafood operating at any and all hours; including the activities of workers and the operation of 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 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 Environmental Health for the Queen Anne's County Health Department or his designee.
LAND
All real property within the boundaries of Queen Anne's County and all territorial waters, rivers, bays and creeks located within Queen Anne's 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 property owned by the County or private, if 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 the Seafood Reconciliation Committee.
A. 
There is hereby established the Queen Anne's County Seafood Reconciliation Committee, which shall arbitrate and mediate disputes involving seafood industry operations and issue opinions concerning whether or not such seafood operations are conducted in a manner consistent with generally accepted seafood industry practices.
B. 
Composition.
(1) 
The Seafood Reconciliation Committee shall be composed of five persons appointed by the Queen Anne's County Commissioners. The Committee shall be composed of:
(a) 
At least two members from the seafood industry;
(b) 
At least one member from a municipality;
(c) 
At least one member from a real estate interest; and;
(d) 
One other member from the community not actively engaged in the seafood industry.
(2) 
A representative of the Maryland Watermen's' Association and a representative of the State of Maryland Department of Natural Resources shall be appointed by the Queen Anne's County Commissioners to serve as ex officio, nonvoting members of the Committee. In any dispute, if requested by the Committee, or if in their own opinions their participation is helpful, they may present facts and educational information to the Committee and make recommendations. Their recommendations shall be considered by the Committee.
C. 
The Committee members shall serve four-year terms; however, the initial appointments shall be staggered.
D. 
The Committee shall meet at least one time per year. Members shall serve as volunteers with no monetary compensation.
A. 
Nuisances which affect public health.
(1) 
Complaints. A person may complain to the Queen Anne's County Health Department to declare that a nuisance exists which affects public health.
(2) 
Investigations. The County Health Officer or his agent or designee may investigate any complaint of nuisance received against a seafood 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 Queen Anne's County Health Department may initiate any investigation without a citizen complaint.
(3) 
Declaration of nuisance. If the Health Officer determines that a nuisance exists, the Health Department may declare the existence of a nuisance. In determining whether a nuisance condition exists in connection with a seafood operation, the Health Officer shall apply the criteria provided in this Part 3. Further, the Health Officer may consider the professional opinion of the Maryland Department of Natural Resources, the University of Maryland, or other qualified expert in the relevant field in determining whether the seafood operation being investigated is conducted in accordance with accepted seafood industry practices.
B. 
Resolution of disputes regarding seafood operations.
(1) 
Should any controversy arise regarding an interference with the use or enjoyment of property from seafood industry operations conducted on any land within Queen Anne's County, the parties to that controversy shall submit the controversy to the Seafood Reconciliation Committee.
(2) 
Any such controversy may be submitted in writing to the Seafood Reconciliation Committee within one year of the alleged adverse impacts.
(3) 
The Seafood Reconciliation Committee will conduct its proceedings in an informal manner. The Committee has the power but is not required hereunder to hold hearings, to compel testimony under oath and to compel the production of documents. In each case, the Seafood Reconciliation Committee shall issue orders settling or otherwise resolving controversy arising out of seafood industry operations, including but not limited to the invasion of property and personal rights by seafood operations conducted on all real property within the boundaries of Queen Anne's County and all territorial waters, rivers, bays and creeks located within Queen Anne's County.
(4) 
Orders of the Seafood Reconciliation Committee shall be binding on the parties as a matter of law, but their enforcement shall be suspended by operation of law if, within 30 days of the date of the Committee's judgment, a party appeals such order to the Circuit Court for Queen Anne's County.