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).
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]
A.
Regarding the handling of trash of all types, no person shall:
(1)
Deposit trash on any Town property, except in conjunction with
Town trash collection;
(2)
Deposit trash on private property without the consent of the
owner;
(3)
Deposit trash, leaves, or any material so as to block the flow
of water; or
(4)
Burn trash or leaves, provided that the burning of normal fireplace
fuels in an exterior fireplace is excluded from this provision.
B.
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.
C.
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.
D.
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.
[Amended 6-7-2009]
No person shall use or maintain any property in the Town so
as to create or maintain:
A.
A health hazard by accumulating perishable materials or providing
inadequate or inoperative waste removal systems.
B.
A health hazard by accrual of stagnant water or not providing for
proper runoff before water becomes stagnant.
C.
A fire hazard by the accumulation of combustible materials.
D.
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.
[Effective 9-1-1987,
Amended 12-10-2000; 10-4-2021 by Ord. No. 21-O-04]
A.
Restrictions.
(1)
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.
(2)
Beginning January 1, 2024, it shall be unlawful for any owner
or occupant of real property located within the Town, or any guest,
employee or contractor of such person, to use a gas-powered leaf blower
on that property.
(3)
The Town may offer reimbursement of up to $100 toward the purchase
price of any electric- or battery-powered lawn or yard maintenance
device/equipment, including but not limited to leaf blowers, lawn
mowers, edgers, batteries, and weed trimmers. This rebate shall not
exceed the total cost of the equipment, including tax, or $100, whichever
is less. Residents who apply for this reimbursement are required to
provide a dated sales receipt for the new device. One qualifying purchase
per year per household is permitted for reimbursement during a three-year
time frame, to begin on July 1, 2022, and end on June 30, 2025. Any
reimbursements are subject to appropriation and available funding.
The Common Council will create an accompanying policy detailing the
implementation of this subsection.
[Amended 11-6-2023 by Ord. No. 23-O-10]
B.
In the case of real property which is not occupied by its owner, the owner of such property shall not be deemed to have violated Subsection A unless such owner or the designated agent of the owner shall have received notice or other information, from any source, that the occupant, employee, contractor, 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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
[Revised 7-11-2004]
B.
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.
C.
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.
[Effective 1-16-1991]
A.
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.
[Revised 7-11-2004]
B.
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.
C.
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.
D.
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[1]]
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.
[1]
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.
