[Adopted as §§ 1-104(a) and (g) and 1-103 of the 1983 Public Local Laws of Queen Anne's County]
[Amended 9-6-2005 by Ord. No. 05-16]
A. 
Staff. Except as otherwise provided by law, the County Commissioners may provide for the appointment and removal of County officers and employees and set their compensation.
B. 
Boards and commissions. No person shall be appointed by the County Commissioners to any board or commission in the County unless such person is a resident of Queen Anne's County and any person so appointed shall, upon relinquishing his residency in Queen Anne's County, be considered to have resigned from such board or commission; provided, however, that no more than two persons, each of whom shall be the owner or principal of a business located in Queen Anne's County, may be appointed to the Queen Anne's County Economic Development Commission regardless of their County of residence. The foregoing provisions shall not apply to any person whose membership on a board or commission is required by governmental law, rule or regulation or by virtue of such person's employment or position.[1]
[Amended 10-14-2014 by Ord. No. 14-14]
[1]
Editor’s Note: Former Subsection C, Same - Attendance, added 1-16-2007 by Ord. No. 07-01, which immediately followed this subsection, was repealed 12-28-2010 by Ord. No. 10-17.
Subject to other provisions of law, the County Commissioners may do those things necessary to assure the good government of the County, to protect and preserve the County's rights and property, to preserve peace and good order, to secure persons and property from danger and destruction, and to protect the health, comfort, and convenience of the citizens of the County.
A. 
In general. The powers granted to the County Commissioners under this section are in addition to those powers conferred by any other provision of law.
B. 
Advertisements; publications. The County Commissioners may provide for County advertising and the publishing of laws, ordinances, resolutions, and regulations adopted by the County Commissioners and of the annual statements of receipts and expenditures of the County.
C. 
Amusements. In the interests of the public welfare, the County Commissioners may provide for the licensing, regulating, or restraining of theatrical and other public amusements.
D. 
Appropriations. The County Commissioners may spend County funds for any public purpose and to affect the safety, health, and general welfare of the County and its occupants.
E. 
Capital improvement program. The County Commissioners may:
(1) 
Adopt a twenty-year, five-year, and annual capital improvements plan; and
(2) 
Require each County department:
(a) 
To prepare an annual capital improvements program for the department; and
(b) 
To consider, in its annual budget, the priorities established by the twenty-year, five-year, and annual capital improvements plans.
F. 
Cooperative agreements The County Commissioners may make agreements with municipal corporations, bureaus, commissions, districts, governmental authorities and other counties for the joint performance of or for cooperation in the performance of any governmental function.
G. 
County jail.
(1) 
Warden.
(a) 
The County Commissioners may appoint a qualified individual as Warden of the County Detention Center and qualified assistants necessary to operate the Detention Center.
(b) 
A Warden appointed under this subsection is responsible for the safekeeping, care, and feeding of individuals in the Detention Center from the time they are committed until they are discharged, released, or withdrawn from the Detention Center by the Sheriff, or under court order or under other authority.
(c) 
In addition to duties under this subsection, the Warden shall have the additional duties that the County Commissioners assign.
(2) 
The County Commissioners may set the allowance provided to the Warden or to the Sheriff for the keeping of prisoners in the County Detention Center.
H. 
Explosives. The County Commissioners may regulate and prohibit:
(1) 
The storage of gunpowder, oil, or other explosive or combustible matter; and
(2) 
The use of firearms, fireworks, bonfires, explosives, or any similar thing that may endanger people or property.
I. 
Fines; criminal penalties.
(1) 
The County Commissioners may provide that the violation of any ordinance or resolution is punishable as a misdemeanor and subject to a fine not exceeding $1,000 or imprisonment for 90 days, or both. Imprisonment in default of a fine and costs is governed by Article 38, § 4 of the Annotated Code of Maryland.
(2) 
Subject to Subsection I(3) of this section, any fine, forfeiture, or penalty imposed by an ordinance or resolution may be recovered in the corporate name of the County in the District Court of Maryland as small debts are recovered, and the money shall be paid to the County for its use.
(3) 
Any person subject to a fine, forfeiture, or penalty may appeal to the Circuit Court of Queen Anne's County within 10 days of when the fine, forfeiture, or penalty was imposed and may elect a trial by jury if the person gives ample security for the payment and costs.
J. 
Fortune-tellers.
(1) 
Subject to Subsection J(2) and (3) of this section, the County Commissioners may license and regulate fortune-tellers, palmists, soothsayers, and other persons engaged in the telling of fortunes.
(2) 
A person may not be licensed under this subsection unless the person has been a resident of the County for at least three years.
(3) 
The annual fee for a license under this subsection may not be less than $500.
K. 
Franchises.
(1) 
Subject to Subsection K(2) and (3) of this section, the County Commissioners may grant franchises to public service companies, as defined in Article 78 of the Annotated Code of Maryland, and to others whenever the County Commissioners consider the granting of the franchise to be advantageous to the County.
(2) 
The County Commissioner may regulate any franchise granted under this subsection subject to the provisions of Article 78 of the Annotated Code of Maryland.
(3) 
A franchise may not be granted for a period exceeding 50 years.
L. 
Grants-in-aid. The County Commissioners may accept gifts and grants from the federal or state government and spend the funds for any lawful public purposes, consistent with the conditions of the gift or grant.
M. 
Hawkers.
(1) 
The County Commissioners may license, regulate, tax, and prohibit hawkers, itinerant dealers, pawnbrokers, peddlers, solicitors, and persons selling any articles on County roads or streets.
(2) 
The County Commissioners may revoke a license issued under Subsection M(1) of this section at pleasure.
N. 
Health.
(1) 
Subject to Subsection N(2) of this section, the County Commissioners may:
(a) 
Prevent and remove nuisances;
(b) 
Prevent the introduction of contagious diseases into the County; and
(c) 
Approve the location of:
[1] 
The manufacturing of soap and fertilizer;
[2] 
Slaughterhouses and packing houses; and
[3] 
Places that may involve or result in unsanitary conditions or conditions detrimental to health.
(2) 
This subsection may not be construed to affect any public general law relating to health matters or the powers or duties of the Maryland Department of Health and Mental Hygiene.
O. 
Investments.
[Amended 6-23-2009 by Ord. No. 09-12]
(1) 
The County Commissioners may invest County money:
(a) 
In bonds or other evidence of indebtedness of the United States Government; or
(b) 
In federally insured banking institutions in the County if the banking institution pledges United States Treasury bills, notes, or other obligations of the United States Government to secure in full the County funds deposited.
(2) 
The County Commissioners may create a trust to fund all or a portion of the health insurance and any other post-employment benefits provided eligible retirees of the County, the Board of the Queen Anne's County Free Library and the Board of Education of Queen Anne's County. Money appropriated by the County to the trust shall be held and invested in accordance with this subsection.
(a) 
The trustees of the trust shall be appointed by the Board of County Commissioners and may invest, redeem, sell, exchange, and reinvest moneys under their custody and control in accordance with written policies established by the trustees. The trustees shall comply with fiduciary standards that at least meet the standards set forth in Title 21, Subtitle 2, of the State Personnel and Pension Article of the Annotated Code of Maryland in connection with any funds under their custody or control.
(b) 
The trust shall exercise an essential governmental function of the County in providing health insurance and other post-employment benefits to former employees of the County, the Board of the Queen Anne's County Free Library and the Board of Education of Queen Anne's County. It is the intention of the County that the trust shall be treated and classified as a tax exempt trust under Section 115 of the Internal Revenue Code of 1986, as amended.
(c) 
The trust is intended solely as a funding mechanism and does not create any obligation of the County, the Board of the Queen Anne's County Free Library or the Board of Education of Queen Anne's County to provide any benefit. No participant or beneficiary of a retiree benefit plan or current or former employee of the County, the Board of the Queen Anne's County Free Library and the Board of Education of Queen Anne's County shall have any right to any trust property.
(d) 
To the fullest extent permitted by law, neither the trustees nor any officer, employee or agent of the trust shall be personally liable under any circumstances, except for his own bad faith or willful misconduct. The County shall indemnify the trustees and their heirs and personal representatives from and against any and all claims, costs and expenses (including legal and accounting fees and expenses) of any kind and nature whatsoever in any way related to or arising out of the trust or their service as trustees, provided that in the case of any criminal matter, the trustee had no reasonable cause to believe that his conduct was unlawful.
P. 
Liens. The County Commissioners may provide that any valid assessment or charge made against real property in the County shall be a lien on the property to be collected in the same manner as County property taxes are collected.
Q. 
Names. The County Commissioners may name public roads and streets, bodies of water, and unincorporated towns, villages, and settlements in the County.
R. 
Parks and recreation. To promote the health, welfare, and enjoyment of the inhabitants of the County, the County Commissioners may establish, maintain, or support public parks, playgrounds, and other recreational facilities.
S. 
Plumbing permits The County Commissioners may:
(1) 
Require a plumbing permit before a person may install a sanitary system, plumbing, or plumbing fixture in the County;
(2) 
Adopt regulations for the issuance of plumbing permits;
(3) 
Set a fee for a plumbing permit; and
(4) 
Provide for the enforcement of plumbing permit requirements.
T. 
Property: in general. The County Commissioners may:
[Amended 12-6-2005 by Ord. No. 05-23]
(1) 
Acquire, by conveyance, purchase or condemnation, real property for any public purpose;
(2) 
Erect buildings on County property for the benefit of the County;
(3) 
Provide for the proper administration of County property; and
(4) 
Sell, after 20 days' public notice, at public or private sale, any real property of the County that the County Commissioners determine is no longer needed for public use, provided however, that any land constituting a part of the Queen Anne's County park system shall not be sold or transferred unless replaced with land of equal or greater recreational value located in the same election district.
U. 
Property: bequests; gifts.
(1) 
The County Commissioners may accept, by gift, grant, bequest, or devise, and hold real and personal property, absolutely or in trust, for parks or gardens, or for the erection of statues, monuments, buildings, or structures, or for any public use, on the terms and conditions of the grantor or donor and accepted by the County Commissioners.
(2) 
The County Commissioners may provide for the proper administration of property accepted under this subsection and, subject to the terms and conditions of the original grant, may convey the property when the County Commissioners determine that the property is no longer needed for public purposes.
V. 
Public disposal areas. The County Commissioners may exercise full authority over public disposal areas in the County, including authority to:
(1) 
Regulate the hours and days on which the areas are open;
(2) 
Regulate traffic and the parking and standing of vehicles;
(3) 
Establish new public disposal areas;
(4) 
Adopt regulations necessary for the operation of public disposal areas; and
(5) 
Establish penalties for the violation of the regulations.
W. 
Records. Unless otherwise provided by law, the County Commissioners may provide for the recording and indexing of records of:
(1) 
The Clerk of the Circuit Court for Queen Anne's County;
(2) 
The County Commissioners;
(3) 
The Register of Wills of Queen Anne's County; and
(4) 
Other officers in the County.
X. 
Streets: maintenance. The County Commissioners may:
(1) 
Open, close, straighten, widen, or otherwise alter streets and roads in the County and award and pay damages resulting therefrom;
(2) 
Exercise the right of condemnation if necessary in accordance with Title 12 of the Real Property Article of the Annotated Code of Maryland;
(3) 
Grade, pave, and curb streets and roads and provide for the same at the cost to the County;
(4) 
Establish grade and street lines;
(5) 
Require that a permit be obtained from the County Commissioners, subject to conditions imposed by the County Commissioners, before a street or road may be opened, altered, widened, straightened, or repaired;
(6) 
Provide for the cleaning and lighting of streets, roads, and public ways; and
(7) 
Provide for and regulate the planting, maintaining, and removal of trees on and along streets, roads, and public ways.
Y. 
Streets: names; numbers. The County Commissioners may:
(1) 
Number or renumber houses, buildings, or other property within the County;
(2) 
Name or rename streets and highways within the County;
(3) 
Adopt regulations for the renaming of streets or renumbering of property;
(4) 
Adopt, for the numbering of property and naming of streets, a County plan that may include official maps, drawings or other necessary documents; and
(5) 
Put up signs showing property numbers or street names.
Z. 
Streets: traffic control.
(1) 
Subject to Subsection Z(2) of this section, the County Commissioners:
(a) 
May regulate the use of streets, roads, or public ways by individuals, animals, and vehicles; and
(b) 
By ordinance, prohibit the use of streets, roads, and public ways by motor vehicles under circumstances that the County Commissioners consider in the public interest.
(2) 
The regulation of streets, roads, or public ways under this subsection may not include a charge for the use of the street, road, or public way other than reasonable charges for parking within areas set aside exclusively for parking purposes.
AA. 
Taxes: collection. The County Commissioners may provide for the prompt collection of taxes due the County by authorizing discounts or imposing penalties.
BB. 
Travel expenses. The County Commissioners may provide for payment of travel expenses and other expenses of:
[Amended 2-21-2006 by Ord. No. 05-18]
(1) 
County official/employees.
(a) 
Elected and appointed officers and employees of the County.
(2) 
State elected officials/State employees
(a) 
The Judges of the Orphans' Court of Queen Anne's County.
(b) 
The Sheriff of Queen Anne's County.
(c) 
The State's Attorney of Queen Anne's County.
CC. 
Waste disposal. The County Commissioners may prevent the deposit of any unwholesome substance, including ashes, garbage, slops, and other waste, on either private or public property and may compel its removal to designated points.
DD. 
Waste facilities. The County Commissioners may:
(1) 
Acquire, operate, and maintain public waste disposal areas; and
(2) 
Regulate private waste disposal facilities.
EE. 
Circuses and carnivals.
[Added 4-19-2005 by Ord. No. 05-06]
(1) 
Subject to the provisions of this subsection, the County Commissioners may license and regulate circuses and carnivals, and no person shall operate or conduct a circus or carnival in Queen Anne's County without a permit issued by the County Commissioners.
(2) 
No circus or carnival shall be permitted unless sponsored by and actively promoted, produced, staged or conducted by a bona fide nonprofit organization based in Queen Anne's County.
(3) 
The County Commissioners may adopt, by resolution, provisions for permit fees, applications and rules and regulations regarding the operation, licensing and permitting of circuses and carnivals in Queen Anne's County. Such rules and regulations shall include a requirement that no permit shall be approved until the first due fire department serving the area where the circus or carnival is to be held is notified of the application and given 30 days to comment on any public safety concerns regarding the application.
[Added by Ord. No. 96-01]
The Queen Anne's County Health Department is authorized to utilize the County procurement system adopted by resolution of the County Commissioners on December 19, 1995, as the system may be amended, supplemented, modified, or revised by the County Commissioners from time to time.
[Added 3-25-2014 by Ord. No. 14-01]
No procurement contract may include a clause that requires a party to participate in, or offers a bonus or preferential treatment to a party who participates in, a project labor agreement in which a party must adhere to obligations concerning union referral, union security, or collectively bargained compensation or benefits.
[Added 5-8-2012 by Ord. No. 12-06]
A. 
Findings. The people of Queen Anne's County, Maryland find and declare that:
(1) 
The English language is the common language of Queen Anne's County, of the State of Maryland and of the United States;
(2) 
The use of a common language removes barriers of misunderstanding and helps to unify the people of Queen Anne's County, this state and the United States, and helps to enable the full economic and civil participation of all its citizens, regardless of national origin, creed, race or other characteristics, and thus a compelling governmental interest exists in promoting, preserving, and strengthening the use of the English language;
(3) 
Proficiency in the English language, as well as in languages other than the English language, benefits Queen Anne's County both economically and culturally and should be encouraged;
(4) 
In addition to any other ways to promote proficiency in the English language, the government of Queen Anne's County can promote proficiency in English by using the English language in its official actions and activities;
(5) 
In today's society, Queen Anne's County may also need to protect and preserve the rights of those who speak only the English language to use or obtain governmental programs and benefits; and
(6) 
The government of Queen Anne's County can reduce costs and promote efficiency, in its roles as employer and a government accountable to the people, by using the English language in its official actions and activities.
B. 
Official English declaration.
(1) 
The English language is the official language of Queen Anne's County.
(2) 
The County Commissioners and officials of Queen Anne's County shall take all steps necessary to insure that the role of English as the common language of Queen Anne's County is preserved and enhanced.
(3) 
The County Commissioners of Queen Anne's County shall make no ordinance which diminishes or ignores the role of English as the common language of Queen Anne's County.
(4) 
Official actions of Queen Anne's County which bind or commit Queen Anne's County or which give the appearance of presenting the official views or position of Queen Anne's County shall be taken in the English language, and in no other language. Unofficial or nonbinding translations or explanations of official actions may be provided separately in languages other than English, if they are appropriately labeled as such and reference is made to a method to obtain the official action; unless otherwise required by federal or state law, no person has a right to such an unofficial or nonbinding translation or explanation, and no liability or commitment of Queen Anne's County shall be based on such a translation or explanation.
(5) 
No ordinance, decree, program, or policy of Queen Anne's County or any of its subdivisions, shall require the use of any language other than English for any documents, regulations, orders, transactions, proceedings, meetings, programs, or publications, except as provided in Subsection C.
(6) 
A person who speaks only the English language shall be eligible to participate in all programs, benefits and opportunities, including employment, provided by Queen Anne's County and its subdivisions, except when required to speak another language as provided in Subsection C.
(7) 
No law, ordinance, decree, program, or policy of Queen Anne's County or any of its subdivisions shall penalize or impair the rights, obligations or opportunities available to any person solely because a person speaks only the English language.
C. 
Exceptions. Queen Anne's County and its subdivisions may use a language other than English for any of the following purposes, whether or not the use would be considered part of an official action:
(1) 
To teach or encourage the learning of languages other than English;
(2) 
To protect the public health, sanitation, and public safety;
(3) 
To teach English to those who are not fluent in the language;
(4) 
To comply with the Native American Languages Act, the Individuals with Disabilities Education Act, the Voting Rights Act, or any other federal or state law;
(5) 
To protect the rights of criminal defendants and victims of crime;
(6) 
To promote trade, commerce, and tourism;
(7) 
To collect payments, fines, or other financial obligations due and payable to the Court;
(8) 
To create or promote mottos or designations, inscribe public monuments, and perform other acts involving the customary use of a language other than English;
(9) 
To utilize terms of art or terms or phrases from other languages which are commonly used in communications otherwise in English; and
(10) 
Printed materials, signage, or other materials or documents of Queen Anne's County printed in languages other than English at the time of the adoption of this ordinance and not otherwise excepted in this Subsection C shall not be discarded or reprinted solely in English at the addition cost or expense of the taxpayers of the County until they are exhausted or become otherwise obsolete.
D. 
Rules of construction. Notwithstanding any other state law and except as provided in Subsection C of this chapter, nothing in this chapter shall be construed to prohibit any elected official, officer, agent, employee of the state or a political subdivision, while performing official functions, from communicating unofficially through any medium with another person in a language other than English (as long as official functions are performed in English).
E. 
Private use protected. The declaration and use of English as the official language of Queen Anne's County should not be construed as infringing upon the rights of any person to use a language other than English in private communications or actions, including the right of government officials (including elected officials) to communicate with others while not performing official's actions of Queen Anne's County.
F. 
Severability. If any provision of this section, or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of this section shall not be affected and shall be given effect to the fullest extent practicable.
G. 
Federal and state preemption. Nothing in this section shall be interpreted as conflicting with the statutes of the United States, or the laws of the State of Maryland.[1]
[1]
Editor’s Note: Former § 4-15, Ownership disclosure, added 5-14-2015 by Ord. No. 15-04, which immediately followed, was repealed 7-9-2019 by Ord. No. 19-08.