For the purposes of this chapter, the following terms shall have the meanings indicated. Where terms are not defined they shall have their ordinarily accepted meanings such as the context may imply.
- Any animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Garbage and trash as defined herein, and all other waste material which creates or tends to create a danger to public health, safety, welfare or property, to the extent and in the manner that an unimproved lot, tract or parcel of land is, or may reasonably become, infested or inhabited by rodents, vermin or wild animals, or may reasonably be expected to cause disease or adversely affects and impairs the economic welfare or status of adjacent property or the neighborhood, or may reasonably be expected to constitute a present or potential fire hazard.
- Responsible party- any person, corporation, association, partnership, firm, syndicate, joint venture or organization of any kind holding title to any unimproved land or lot in the Town, lessees, tenants and principal occupants of any land or lot in the Town or agents of persons holding titles of such lands or lots, having care, custody, control or management of the land or lot, and fiduciaries holding title to or having care, custody control or management of land or lots in the Town.
- All solid waste consisting of both combustible waste (including, but not limited to, paper, cardboard, wood, cloth, bedding material, dead animals or vegetable matter, offal, yard and lawn clippings not located in an established compost pile, and dead trees and limbs) and non-combustible waste (including, but not limited to, metals, glass crockery, tin cans, junked household appliances, abandoned or wrecked motor vehicles, junk, ashes, soil, filth, cinder, and any building and construction wastes).
- UNIMPROVED PROPERTY
- Real property which is not presently improved, although it may have been improved at one time.
- Grass, weeds, brush, and any noxious growth excluding trees,
ornamental shrubbery, plants, flowers, garden vegetables properly
tended, cultivated crops, or undisturbed woodland, not otherwise in
violation.[Revised, effective 1-16-1991]
Regarding the handling of trash of all types, no person shall:
Deposit trash on any Town property, except in conjunction with Town trash collection;
Deposit trash on private property without the consent of the owner;
Deposit trash, leaves, or any material so as to block the flow of water; or
Burn trash or leaves, provided that the burning of normal fireplace fuels in an exterior fireplace is excluded from this provision.
All perishable trash and trash subject to rapid decay shall be stored in a container which has a close fitting lid and is free of leaks.
Trash and Recycling containers must be placed at the curb for collection by the Town. Exemption from this requirement due to illness, infirmity or other valid basis may be requested by application to the Public Works Director. An exemption denial may be appealed to the Mayor. Any such container shall be removed from the curb by the owner/resident within 24 hours of trash/recycling collection. When not placed at the curb for collection, trash and recycling containers shall be stored behind the front building line of each property.
Trash and other debris shall be stored and placed for collection pursuant to the rules and regulations adopted by the Mayor and Council to enforce this chapter.
No person shall use or maintain any property in the Town so as to create or maintain:
A health hazard by accumulating perishable materials or providing inadequate or inoperative waste removal systems.
A health hazard by accrual of stagnant water or not providing for proper runoff before water becomes stagnant.
A fire hazard by the accumulation of combustible materials.
A public nuisance by the obstruction of free passage on public ways. Such obstructions include but are not limited to weeds, grass, bushes, other plants, and trees.
Restrictions. Except for the purpose of necessary property maintenance during the hours of 7:00 a.m. to 8:00 p.m. from Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday, it shall be unlawful:
For any owner or occupant of real property located within the Town, or any guest of such person, to make or generate, or continue to make or generate, or allow to be made or generated, any loud or raucous sound so as to cause unreasonable annoyances or disturbances to others living or located nearby. No owner or occupant of real property located in the Town, nor any guest of such person, shall use, operate, or permit to be played, used or operated and radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons using such machine or device or who are voluntary listeners thereto. The generation of loud or raucous sound, or operation of any such machine or device, in such manner as to be plainly audible beyond the property line of the property from which the sound is generated shall be prima facie evidence of a violation of this section.
In the case of real property which is not occupied by its owner, it shall be unlawful for the owner of such property to permit occupants and guests to violate the provisions of this section; provided, however, that the owner of such property shall not be deemed to have violated this subsection unless:
Such owner or the agent of the owner shall have received notice or other information, from any source, that the occupant or guest of such property is alleged to have engaged in conduct which violates this section on one or more prior occasions, without regard to whether such conduct has resulted in the issuance of a municipal citation; or
Such owner or the agent of the owner has failed to take action reasonably calculated under the circumstances to prevent a violation of this section from occurring or recurring.
State Standards. Nothing herein shall be construed as promulgating a standard less stringent than the environmental noise standards and sound-level limits adopted under Title 3 of the Health-Environmental Article of the Annotated Code of Maryland, as amended from time to time.
Notification of state. In accordance with Title 3 of the Health-Environmental Article of the Annotated Code of Maryland, the Town shall send to the Maryland Department of Health and Mental Hygiene a copy of each noise control ordinance, rule or regulation that it adopts and identify on each Zoning Map, Comprehensive Plan or other appropriate document the sound-level limits that are adopted.
Enforcement. A violation of this section shall constitute a municipal infraction. In the event that more than one owner and/or more than one occupant or guest of the real property is alleged to have violated the provisions of this chapter, a municipal infraction shall be issued to each alleged violator. A notice of violation of this section may include the requirement that the violation be fully abated immediately. The Town is hereby authorized to seek court action to abate any noise nuisance, in lieu of or in addition to any other enforcement remedies set out in this chapter.
Rental housing license. In addition to any other penalty provided in this code, the rental license for a property may be subject to revocation or nonrenewal if three or more violations of this chapter occur within any twelve-month period.
[Effective 9-1-1987, Amended 12-10-2000]
The provisions herein apply to any unimproved real property located within the Town of University Park. A violation of the provisions of this section shall constitute a public nuisance.
It shall be the duty of every person as owner, occupant, lessee or agent in charge of unimproved property located in the Town to keep all weeds cut to a height of not over 12 inches.
It shall be the duty of every person as owner, occupant, lessee of agent in charge of unimproved property located in the Town to prevent litter from accumulating, either temporarily or permanently, on such land. This provision shall not apply to those persons who store litter in private receptacles for collection.
Notice. Upon receipt of a complaint charging a public nuisance violation the Mayor or a designated property Code officer, shall make an investigation of the complaint. If the complaint is justified, a notice shall be issued to the owner or other person responsible for the maintenance of the property to remove or properly dispose of the litter or weeds, or both, from the subject property. One copy of the notice shall be prominently affixed to the property and the other shall be served in person or by registered mail. If mailed, notice shall be deemed complete and sufficient if addressed to the owner or other responsible person at the last known address or the address shown on the real property tax records maintained by the Town. The notice of violation shall specify the complaint(s) and provide 10 days to comply with a notice served in person, and 10 days from date of mailing to comply with a notice served by registered mail.
Appeal and hearing. The responsible party shall have 10 days from personal service or from mailing of the notice by registered mail, to note an appeal of the notice of violation. Any notice of violation appealed by the responsible party shall result in a hearing before the Common Council within 30 days. The responsible party of the property found in violation may show cause why the property is not in violation or an extension of time is necessary to remedy the violation. The findings of a majority of the Common Council present, if constituting a quorum, shall be conclusive.
Compliance. If the responsible party does not comply with the notice of violation, and/or the findings of the Council after an appeal, within the time limitations set forth for such compliance, then the Town is empowered to effect the correction of the violations. The responsible party shall be notified in the same manner as set out in Subsection A of the charges incurred by the Town for these corrections, and shall have 30 days to pay said charges. All costs not repaid by the responsible party shall be included as part of the tax assessment and payable as a tax levy. Such assessment shall be in addition to other fines applicable under this chapter, and shall be collected in the same manner as other Town taxes. In addition, the Town Attorney shall be authorized to pursue compliance with this chapter by way of injunctive relief in a court of competent jurisdiction.
Emergencies. The time limitations set out herein for compliance with violation notices may be shortened by the Council if it determines that an emergency exists.
[Effective 1-16-1991, amended 12-10-2000]
[Added 5-22-2012 by Ord. No. 12-O-03]
Permit required. No dumpster or other receptacle for the storage or transport of construction or other debris, or for the storage of household or other items, greater in size than two cubic yards, shall be placed on residential property without a permit issued by the Town. Permits shall expire not later than 30 days after issuance and shall be subject to such further conditions as the Town may require. A permit may be extended for up to an additional 60 days in any twelve-month period by the Mayor, upon good cause shown. Any further extension within the same period may be authorized only by the Town Council upon a showing of exceptional circumstance.
Editor's Note: Ordinance No. 13-O-02, adopted 3-8-2013, provided that Ord. No. 12-O-03 become effective 20 days from the date of adoptions of Ord. No. 13-O-02.
[Revised 9-18-1991; 7-11-2004; amended 5-22-2012 by Ord. No. 12-O-03]
A violation of this chapter shall constitute a municipal infraction. A failure to comply with § 7-105 or 7-107 of this chapter, shall constitute an infraction for which a fine of $400 may be imposed. The fine for an initial infraction issued pursuant to the remainder of this chapter shall be $200. Every day that a violation continues after due notice has been given shall be deemed a separate offense.