[HISTORY: Adopted by the City Council of the City of Bowie 11-6-1989 by Ord. No. O-19-89 (Ch. 15 of the 1989 Code). Amendments noted where applicable.]
[Amended 10-19-1992 by Ord. No. O-20-92, effective 11-18-1992]
Whatever is dangerous to life or health; whatever renders air, food, water and drink unwholesome or unfit for the use of man; whatever odors or exhalations are offensive to the inhabitants or dangerous to the public health; and whatever accumulations of animal or vegetable matter, solid or liquid, are dangerous or harmful to the neighborhood, or are likely to become so, are declared to be nuisances within the scope and meaning of this article.
[Amended 10-19-1992 by Ord. No. O-20-92, effective 11-18-1992; 3-23-1998 by Ord. No. O-12-98, effective 4-22-1998]
Any trash, waste material, garbage, offensive and dirty material, or grass, weeds, briars and brush more than eight inches tall which may be allowed to accumulate or grow on any property adjoining any of the streets, alleys or lanes and within 200 feet thereof, in the City, are declared to be a public nuisance.
[Amended 10-19-1992 by Ord. No. O-20-92, effective 11-18-1992; 3-23-1998 by Ord. No. O-12-98, effective 4-22-1998; 5-29-2007 by Ord. No. O-05-07, effective 6-28-2007]
A. 
A person may not permit a public nuisance as defined in § 15-1 or 15-2 of this article to exist on any property.
B. 
It shall be the duty of the City Manager or his designee to notify the owner, tenant or person in possession of any property where a public nuisance exists to remove such public nuisance within seven days, inclusive of Sundays and holidays, after the date of such notice which shall be given by posting the same on the front of the property where the public nuisance exists.
[Amended 10-19-1992 by Ord. No. O-20-92, effective 11-18-1992]
A. 
If a public nuisance is not removed within the time specified in the notice required by § 15-3 of this article, and no written objections have been filed as hereinafter provided, the City Manager shall cause the public nuisance to be removed, incurring such expense as is reasonable and necessary in the removal. The costs of the removal shall be assessed against the property and shall constitute a lien collectable in the same manner as real property taxes. The City Manager may also file a suit at law to collect the costs of removal.
B. 
Any person receiving a notice to remove a public nuisance may file written objections with the City Manager before the expiration date of such notice. Upon receipt of such written objections, it shall be the duty of such person to appear before the Administrative Review Board at its next regular meeting when a public hearing shall be conducted on the written objections in accordance with the procedures established in Chapter 1A, § 1A-4C of the Bowie City Code.
C. 
After the public hearing provided in Subsection B hereof, the Administrative Review Board may recommend to the City Manager that the notice to remove be sustained, dismissed or modified. The City Manager may accept or reject the recommendations of the Administrative Review Board. The City Council must be notified prior to action by the City Manager to reject the recommendations of the Administrative Review Board. Written notice of the City Manager's decision will be provided to the person under order to remove a public nuisance. If the notice to remove a public nuisance is sustained, the City Manager will notify the person who received the notice that the nuisance must be removed within 10 days of the notice. The City Manager may cause the public nuisance to be removed and assess the costs as provided in Subsection A of this section, if the public nuisance is not removed within the time provided.
[Amended by Ord. No. O-25-91, effective 11-20-1991]
It shall be unlawful for any person to throw, dump, or deposit any trash, junk or other refuse upon the land or property of another without the written consent first had and obtained of the owner thereof, or under the personal direction of such owner; or to throw, dump, or deposit any trash, junk or other refuse upon any public street of the City.
[Amended by Ord. No. O-25-91, effective 11-20-1991]
It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his or its control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside, without first removing such door or lid, snap lock or other locking device.
[Amended by Ord. No. O-25-91, effective 11-20-1991; 10-3-1994 by Ord. No. O-17-94; 4-4-2011 by Ord. No. O-10-11, effective 5-4-2011]
Violations of this article are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, §§ 1-6 and 1-6A of this Code.
[Added 4-4-2011 by Ord. No. O-10-11, effective 5-4-2011]
As used in this article, the following terms shall have the meanings indicated:
CITY PROPERTY
Any park, building, or other facility or real property owned or occupied by the City of Bowie as a tenant under a lease from a third party, including abutting sidewalks and parking lots, but for purposes of this article does not include sidewalks or other rights-of-way abutting private property.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device containing tobacco or any other plant material.
A. 
Smoking is prohibited in or on any City property, except that a person may smoke inside a vehicle parked in a parking lot on City property, provided that the doors and windows of the vehicle are completely closed and further provided that, notwithstanding the foregoing, smoking in City-owned vehicles is prohibited.
B. 
Smoking is prohibited by City employees while on duty in any capacity, whether on or off City property, except that City employees may smoke while on an authorized break from work in a place where smoking by members of the public is otherwise permitted.
C. 
Nothing contained herein shall be construed to authorize smoking in violation of any other state or local law or regulation.
D. 
The City Manager is authorized to post signs on City property notifying the public of the prohibitions set forth in this section and of the penalties for violations thereof, as set forth in § 15-10 of this article.
E. 
Notwithstanding any provision of this section to the contrary, smoking on a property owned by the City but leased to a third party shall be permitted in the discretion of the tenant for the period of any lease in effect on the date of enactment of this article and during any extension term to which the tenant is entitled under the provisions of such lease.
A. 
A violation of § 15-9 is declared to be a public nuisance and any person who violates § 15-9 of this article shall be subject to ejection from the public park, building or other facility where such violation has occurred.
B. 
In addition to the ejection contemplated by Subsection A of this section, a violation of Subsection A of § 15-9 is a municipal infraction subject to a fine of $50.
C. 
A violation of Subsection B of § 15-9 shall subject the offending employee to disciplinary action in accordance with provisions of Chapter 2, Article II of this Code.