It shall be unlawful for any person, without approval of the
Town Council, to engage in the following in any Town park:
A.
To indulge in riotous, boisterous, threatening, or indecent conduct,
or abusive or threatening language.
B.
To catch, injure, destroy, or interfere in any way with animal life.
C.
To carry or consume any drug or controlled substance the possession
or consumption of which is illegal under federal or state law.
D.
To carry or consume any alcoholic beverage.
E.
To cut or remove any wood, turf, grass, soil, rock, sand, or gravel;
but this does not prohibit the removal of leaf compost or leaf mulch
from piles thereof designated for this purpose.
F.
To post, place, or erect any bill, notice, paper or advertising device
or matter of any kind.
G.
To make or kindle a fire for any purpose.
H.
To camp.
I.
To climb in any tree.
J.
To sell, or offer for sale, any merchandise, article or thing whatsoever;
but this does not prohibit the sale of articles by the Swim Team or
by other nonprofit organizations on the grounds of the Somerset Swimming
Pool, or the sale of food products in accordance with a Town permit
issued under this article.
K.
To practice, carry on, conduct or solicit for any trade, occupation,
business or profession.
L.
To operate an automobile, motorcycle, motorbike, go-cart, or other
motor vehicle in any area except the paved park streets or parking
areas.
M.
To park a vehicle anywhere except in a designated parking area.
N.
To repair or wash a vehicle.
O.
To ride a bicycle on other than a paved vehicular road or path designated
for that purpose.
P.
To enter in an unauthorized manner or to trespass into the fenced
pool area or bathhouse.
Q.
To dump wood, brush, leaves, grass, construction materials or refuse
of any kind in any Town park or on any Town property.
R.
To loiter in any Town park or any other Town property, with the exception
of the Somerset Swimming Pool and Bathhouse during pool operating
hours, which are between sunset and sunrise.
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[Ord. No. 5-88, eff. 3-21-1988; amended by Ord. No. 2-89, eff. 4-24-1989; Ord. No. 9-92, eff. 9-30-1992; Ord. No. 13-92, eff. 11-23-1992; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 5, § 5-201, of the 1989 Code); Res. No. 9-21-1, 11-1-2021, eff. 12-7-2021]
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A.
DEVICE
ONE-HUNDRED-YEAR STORM
TEN-YEAR STORM
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Any artificially created or constructed mechanism, including
a pipe, tank, culvert, ditch, and channel, for the concentration or
conveyance of water.
A storm of such intensity that it is anticipated to occur
on the average of once every 100 years, as set forth in terms of intensity
in official publications or regulations of the Montgomery County Department
of Transportation or Department of Environmental Protection. If the
official publications or regulations of the county set forth differing
intensities, the highest intensity shall govern.
A storm of such intensity that it is anticipated to occur
on the average of once every 10 years, as set forth in terms of intensity
in official publications or regulations of the Montgomery County Department
of Transportation or Department of Environmental Protection. If the
official publications or regulations of the county set forth differing
intensities, the highest intensity shall govern.
B.
Permit
required for discharge of water into Town park.
(1)
Except pursuant to a valid permit issued under this section, no person,
through any device, shall discharge or cause to be discharged, within
500 feet of a Town park, water onto or into the ground at a rate of
more than 0.50 cubic foot per second.
(2)
In determining the amount of the water to be discharged, the peak
discharge that would be anticipated to be generated by a ten-year
storm shall be utilized.
(3)
Notwithstanding any other provision of this section, the Town Council
may issue to an applicant a waiver from the requirements of this section,
after notice and public hearing, upon finding that although the water
discharge is within 500 feet of a Town park, no water from that discharge,
generated by a ten-year storm, is likely to flow into a Town park.
C.
Permit
procedures. An applicant for a permit to discharge water into a Town
park shall file a written request for such permit with the Clerk-Treasurer,
and the request shall be accompanied by an application fee set by
the Town Council. Such request shall also be accompanied by a plan
for the discharge of water into a Town park. Such plan shall contain
the following information, as well as any other information that may
be reasonably requested by the Town:
(1)
The quantity of water to be discharged;
(2)
The location of the point of discharge;
(3)
The anticipated course of water through the Town park;
(4)
The source of water to be discharged;
(5)
The water quality of the water to be discharged;
(6)
The frequency with which the water is to be discharged;
(7)
Mechanisms for managing the water in the Town parks, including design
of such mechanisms, costs of construction and maintenance, parties
responsible for such costs;
(8)
The anticipated effect of the water in the Town parks, including
erosion, stream water quality, effect on trees and other vegetation,
and effect on improvements in the Town park; and
(9)
Whether any permit or other approval is required from county, state
or federal governments and, if so, whether such permit or approval
has been obtained, relating to the concentration, conveyance, or discharge
of the water that is the subject of the application to the Town for
a permit.
D.
Town action
on permit.
(1)
The Town Council, after notice to the applicant and a public hearing,
shall act upon the request for a permit.
(2)
The Town Council may grant the permit only upon a finding that the
proposed discharge would not have an undue adverse effect upon a Town
park.
(3)
In determining whether the proposed discharge would have an undue
adverse effect on a Town park, the Town Council shall consider and
shall make findings as to the effect on the Town park in terms of:
(a)
Erosion;
(b)
Water quality of Town streams;
(c)
Damage to trees and other vegetation;
(d)
Odor;
(e)
Aesthetics;
(f)
Damage to improvements;
(g)
Interference with the use and enjoyment of the Town park and
its improvements; and
(h)
Costs of implementing and maintaining control of the discharged
water.
(4)
The Town Council may consider any other factor which may have a bearing
upon the preservation and protection of a Town park.
E.
Permit
conditions and amendments.
(1)
The Town Council may grant a permit subject to reasonable conditions
to effectuate the purposes of this section. Such conditions may include,
among others, a requirement that the permit holder enter into an agreement
binding upon his or its heirs, successors and assigns, to be liable
for, administer and maintain, including all costs, the plan and mechanisms
for managing the water in the Town park. In determining the adequacy
of the plan and the mechanisms for managing the water in the Town
park, the Town Council may consider the amount of water anticipated
to be discharged during a one hundred-year storm.
(2)
Any permit issued pursuant to this section, and the conditions upon
which it is based, upon notice to the holder and hearing, may be amended
by the Town Council to better effectuate the purposes of this section.
(3)
No permit shall be issued unless the applicant has obtained all required
permits or other approvals from county, state, and federal governments
relating to the concentration, conveyance, or discharge of the water
that is the subject of the application to the Town for a permit, and
the Town permit shall be conditioned upon such county, state, and
federal government permits or approvals remaining valid.
F.
Hearing
and decision on permit application.
(1)
Hearing. The Town Council shall conduct fact-finding hearings on
permit applications. The applicant and all interested parties shall
be given the opportunity to present evidence and testimony, so long
as it is relevant and not repetitive. The hearing shall be conducted
so as to afford fundamental fairness to all parties. The technical
rules of evidence shall not apply.
(2)
Decision. The decision of the Town Council, by a majority vote of
those members present at the hearing on the application, shall be
rendered within forty-five (45) days of the date of the hearing. The
decision shall be in writing if the decision includes a denial of
an application in whole or in part or if a permit is granted over
an objection from an interested person, and shall state the Town Council's
findings of fact and conclusions of law. The decision of the Town
Council shall approve the permit application, disapprove it, approve
it with modifications or approve it with conditions.
(3)
Judicial review. Any person aggrieved by a decision of the Town Council
with regard to an application for a permit filed under the provisions
of this section and who appeared before the Town Council in person,
by an attorney, or in writing, shall have the right to petition for
judicial review of the decision of the Town Council under the provisions
of Title 7, Chapter 200, of the Maryland Rules of Procedure, as amended
or replaced. In any judicial proceeding under this subsection, the
findings of the Town Council as to the facts, if supported by evidence
and in the absence of fraud, shall be conclusive, and the jurisdiction
of said court shall be confined to questions of law.
G.
Effective
date. This section shall apply to water discharge from any device
constructed or created after March 15, 1988.
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[Ord. No. 5-88, eff. 3-21-1988; amended by Ord. No. 2-89, eff. 4-24-1989; Ord. No. 8-93, eff. 10-25-1993; Ord. No. 5-96, eff. 11-13-1996; Res. No. 5-19, 10-17-2019, eff. 11-12-2019; Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 5, § 5-601 - § 5-608, of the 1989 Code)]
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A.
Purpose.
This section is intended to protect the health, safety and welfare
of patrons of Town parks by prohibiting the purchase, sale, transfer,
ownership, possession and transportation of certain weapons and ammunition
in Town parks. The Town has authority to promulgate this section pursuant
to the Criminal Law Article of the Annotated Code of Maryland, § 4-209,
as amended.
B.
Prohibited
activities. It shall be unlawful for any person to purchase, sell,
transfer, own, possess, transport or discharge in any Town park any
of the following weapons and ammunition:
(1)
Handguns, as defined in the Criminal Law Article of the Annotated
Code of Maryland, § 4-201(c), as amended;
(2)
Rifles, as defined in the Criminal Law Article of the Annotated Code
of Maryland, § 4-201(e), as amended;
(3)
Shotguns, as defined in the Criminal Law Article of the Annotated
Code of Maryland, § 4-201(h), as amended;
(4)
Ammunition and components for the above enumerated items.
A.
FOOD TRUCK
Definitions.
As used in this article, the following terms shall have the meanings
indicated:
A motor vehicle used to sell, distribute, or offer to sell
or distribute food products. This definition shall not apply to coffee,
frozen dessert, or ice cream trucks that move from place to place
and are stationary in the same location for no more than 15 minutes
at a time.
B.
Permit
required. It shall be unlawful for any person, without a Town permit,
to operate a food truck in any Town park.
C.
Permit
procedures. An applicant for a food truck permit must submit a written
application on a form prepared by the Mayor. The application must
be accompanied by any application fee that may be established by resolution
of the Town Council from time to time. The application must be accompanied
by a copy of the operator's Montgomery County food service license
and such other information or documentation as determined necessary
by the Mayor.
D.
Operating
requirements. While operating, each food truck operator must prominently
display the Town permit issued under this article and must provide
sufficient trash and recycling receptacles for use by customers. A
food truck may only be parked at times and locations approved by the
Mayor. Upon departing, a food truck operator must remove all trash
and recycling within a ten-foot radius of the location where the food
truck was parked.
E.
Terms and
conditions; revocation. The Mayor may impose terms and conditions
on a permit as determined necessary by the Mayor to protect the public
health, safety, and welfare. The Mayor may suspend or revoke a permit
if, in the determination of the Mayor, a permittee has made a false
statement or misrepresentation in the application or has failed to
operate in accordance with this article or the terms and conditions
of a permit issued hereunder.
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[Res. No. 9-21-1, 11-1-2021, eff. 12-7-2021[1]]
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