[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:
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.
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.
The Director of Environmental Health for the Queen Anne's
County Health Department or his designee.
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:
(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.