City of New Carrollton, MD
Prince George's County
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[HISTORY: Adopted by the City Council of the City of New Carrollton 1-4-1989 (Ch. 5 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Housing and property maintenance — See Ch. 71.
[Amended 5-18-2016 by Ord. No. 16-11]
The purpose of this chapter is to prohibit nuisances and disturbing elements which may affect the health and welfare of any person within the City of New Carrollton and to prohibit any acts of aggression which may have an adverse effect upon the health and welfare of any person within the City of New Carrollton.
A. 
The Code Enforcement Officer shall examine from time to time the sanitary conditions of all streets, roads and alleys in the city and lots and property abutting thereon and shall execute and enforce all health regulations of the city.
[Amended 4-2-1997 by Ord. No. 97-01]
B. 
Said Code Enforcement Officer shall investigate any complaint of violations of the International Property Maintenance Code and take such steps as are necessary to see that the Code is complied with and, where necessary, shall cause to be removed and abated all nuisances and agencies tending to create a nuisance upon any street, road or alley or any lots or property abutting thereon, the presence of which might, in the opinion of said Code Enforcement Officer, endanger public health, and shall investigate any complaint as to alleged nuisances on any premises or enclosure and, if any nuisance is found to exist, shall cause the abatement thereof.
[Amended 5-18-2016 by Ord. No. 16-11]
[Amended 1-17-1990; 4-2-1997 by Ord. No. 97-01; 4-5-2000 by Ord. No. 00-01; 9-6-2000 by Ord. No. 00-03; 2-21-2001 by Ord. No. 01-02]
A. 
It shall be unlawful for any person to cast, throw, discharge or cause to flow on or into any street, roadway, alley, ditch, gutter or public place within the limits of the City of New Carrollton any house refuse, offal, garbage, dead animal, decaying vegetable matter or organic wastes or substances of any kind or any slops, greasy or soapy water or other matter, liquid or solid, which is offensive or liable to become a source of nuisance after exposure to the atmosphere.
B. 
It shall be unlawful for any tenant, property owner or any occupant or occupants of any business establishment to keep, collect or suffer to be on their premises any trash or garbage except in a suitable metal, metal-lined or commercially produced plastic trash container, and such container shall be securely and tightly covered. Yard clippings, leaves, shrubs, etc., may be contained in suitable plastic or paper bags.
C. 
It shall be unlawful for any person to place, collect, keep or suffer to be kept on any property within the limits of the City of New Carrollton any house refuse, offal, garbage, dead animal, decaying vegetable matter or organic wastes, substances of any kind or any slops, greasy or soapy water, stagnant water, nauseous liquids or any other offensive matter, liquid or solid, liable to become a source of nuisance after exposure to the atmosphere or which by a stench or smell becomes a nuisance to the neighborhood or which becomes a breeding place for germs or is liable to become a detriment to the public health.
[Amended 5-18-2016 by Ord. No. 16-11]
D. 
It shall be unlawful for any person to keep cattle or livestock within the City of New Carrollton.
E. 
It shall be unlawful to erect, use or maintain any vault or cesspool in the corporate limits of the City of New Carrollton upon any premises.
[Amended 5-18-2016 by Ord. No. 16-11]
F. 
It shall be unlawful for any person to deposit or bury the contents of any privy, vault, cesspool, reservoir or earth closet or the body of any dead animal within the corporate limits of the City of New Carrollton.
G. 
It shall be unlawful to bring or to keep within the City limits of New Carrollton any animal affected with a dangerous communicable disease or for the bodies of animals which have died from these diseases on account thereof to be buried within the city limits of New Carrollton.
H. 
It shall be unlawful to inter or bury any human body within the corporate limits of the City of New Carrollton.
I. 
It shall be unlawful for any owner, manager, clerk, employee or agent of any store, warehouse, office, hall, place of business or dwelling in the City of New Carrollton to take therefrom and deposit in the public trash receptacles of said city any animal or vegetable matter, ashes, shells or refuse of any kind.
J. 
It shall be unlawful for any person to throw, deposit, scatter or drop or cause to be thrown, deposited, scattered or dropped in or upon any vacant lot or open space within the corporate limits of New Carrollton any sawdust, shavings, vegetable matter, paper, metal cans, glass of any description, pans or pails or any dead animal, offal, garbage, putrescible matter of any sort or any matter or thing injurious to the public health.
K. 
It shall be unlawful for any owner or tenant to permit a hedge bordering on any sidewalk or path within the corporate limits of the City of New Carrollton to be more than four (4) feet in height or have any hedge, shrub or tree bordering upon any such sidewalk or path to encroach upon or project over the same so as to present an obstacle to the free passage of pedestrians along said sidewalk or path or to permit any hedge, shrub or tree to constitute an obstruction to the vision of motorists.
L. 
It shall be unlawful to establish or conduct an abattoir, soap or candle factory, bone-boiling, meat-roasting, barbecue or other establishment whereby offensive or unhealthy or disagreeable odors or gases are generated and emitted.
M. 
It shall be unlawful to use a dwelling or establishment of any kind in any unsanitary manner or unsafe condition so as to be dangerous or a menace to the public health or morals.
N. 
Weeds, plants and debris. No owner or occupant of property within the corporate limits of New Carrollton shall cause or permit debris to accumulate or remain or cause or permit weeds, grass, thickets or other growths to grow upon his, her or their property so as to constitute a menace to health or a menace to public safety or a fire hazard or a public nuisance or a nuisance to adjoining property owners or an obstruction to free passage of persons using the sidewalks or streets contiguous to the property. High grass or weeds in excess of twelve (12) inches in height shall constitute a violation of this section. All owners and occupants of the property within the corporate limits of the City shall contain any rapidly spreading plant within their own boundaries. Turf grasses such as Kentucky Bluegrass, Bermuda and zoysia grasses shall not be considered spreading plants nor exceed the height requirements provided in this section. Dead vegetation, including, but not limited to, grass, weeds, shrubs and trees and residue therefrom, regardless of age or condition, shall be removed and stumps reduced to grade or below grade level.
[Amended 9-19-2012 by Ord. No. 13-02; 5-18-2016 by Ord. No. 16-11[1]]
(1) 
If a condition exists that is prohibited by the foregoing section, the Mayor or his or her designee shall notify the owner or occupants of the property to remedy the condition within five (5) days after the receipt of such notice, and, upon failure to comply with such notice, the City shall employ a person to have the work done who shall have the right of entering the premises for the purpose, and the cost thereof shall be assessed against the property owner by the City, and if the cost thereof as so assessed shall not be paid by the property owner before the City levy is made next following the time such work is done, said assessment shall be included as a charge against the property and shall become a lien and due and payable with other taxes levied against said property at said time.
(2) 
Charges for remedying the condition aforesaid shall also be a lien upon the premises. Whenever a bill for charges remains unpaid for thirty (30) days after it has been rendered, the Mayor or his or her designee may file with the Recorder of Deeds of Prince George's County a statement of lien claim. The statement shall contain a legal description of the premises, the expense and costs incurred and the date the condition was remedied and a notice that the city claims a lien for this amount. Notice of such lien claim shall be mailed to the owner of the premises at his or her last known address as shown on the tax rolls of the city; provided, however, that failure of the Clerk to record such lien claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for such charges as provided herein or in the applicable laws of the State of Maryland relating to tax sales.
(3) 
Property subject to a lien herein may be sold for nonpayment of the same in accordance with the applicable provisions of Maryland law relating to tax sales.
[1]
Editor's Note: This ordinance also repealed former Subsection N, regarding the provision of a sanitary toilet, and redesignated former Subsection O, as amended, as Subsection N.
O. 
Keeping of fowl. It shall be unlawful and it is hereby prohibited for any person or persons, firm, partnership or corporation, whether the same is owner, tenant or occupant, of any property located within the corporate limits of New Carrollton to harbor, keep or maintain or permit to be kept or maintained on said property any fowl, including any chickens, turkeys, geese, guinea keets, ducks, pigeons or any other domestic or wild birds commonly kept as pets or for food or show purposes.
[Amended 5-18-2016 by Ord. No. 16-11[2]]
[2]
Editor's Note: This ordinance also repealed former Subsections P, regarding spitting in public places, and Q, regarding premises that are dangerous to human health, and redesignated former Subsection R as Subsection O. It also repealed former Subsection S, regarding the discharge of smoke, and redesignated former Subsections T through X, as amended, as Subsections P through T, respectively.
P. 
It shall be unlawful and it is hereby prohibited for any person to cause or permit the storage of unused or abandoned iceboxes, refrigerators and other containers with airtight doors or with locks that cannot be opened from the inside of the container in any place accessible to children unless the doors are removed.
Q. 
It shall be unlawful for the owner, operator or manager of any business within the City of New Carrollton to permit shopping carts to be removed from the premises of said business. The Mayor or his or her designee shall be empowered to impound shopping carts found abandoned off the premises of said business, and shopping carts so removed shall be held for a period of at least fourteen (14) days, after which any unclaimed cart may be disposed of at the discretion of the Director of Public Works. The owner of any cart so impounded, if ownership can be determined, shall be notified in some expedient manner of the number of carts held and the procedure for obtaining release of the carts. Upon payment to the City of New Carrollton of a fee as set forth in Chapter 57, Fees, any impounded cart shall be released to its owner.
R. 
It shall be unlawful for any person to burn any substance on public or private property within the city in an underground pit, on the ground surface or in any container. Only items listed in the definitions of "barbecue," "grill," "outdoor fireplace" and "rotisserie" in § 66-4, Definitions, are exempt from this section.
S. 
Use of outdoor portable toilets on residential property. It shall be unlawful for any owner, tenant or occupant to place, use or keep any outdoor portable toilet on residential property within the incorporated limits of New Carrollton.
T. 
It shall be unlawful for anyone to place a portable storage container on public property.
[Added 2-6-2008 by Ord. No. 07-19]
(1) 
Definition. As used in this subsection, the following terms shall have the meanings indicated:
PORTABLE STORAGE CONTAINER, PORTABLE ON-DEMAND STORAGE (pods)
Any box container constructed of wood, steel or other similar material intended for the use of storage or keeping household goods or other personal property or construction material that is intended to be filled, refilled, or emptied while located outdoors on a residential property which may be later removed from the property for storage off-site or on completion of remodeling or building. This definition shall also include any polystructure or polyshelter which means any structure with a frame of steel or other material which is covered by plastic, polyurethane, vinyl, canvas or other similar flexible sheeting material.
(2) 
Limitations on portable storage containers on residential and commercial property. In residential zones one (1) portable storage container shall be allowed on a lot, and for no longer than a total of thirty (30) days in any consecutive twelve-month period. The portable storage container must be placed a minimum of six (6) feet from the property line. Any portable storage container shall not exceed eight (8) feet in height, eight (8) feet in width and sixteen (16) feet in length. On a commercially zoned site, more than one (1) portable storage container may be permitted by the city for good cause shown and only in conjunction with development or redevelopment of such commercial property. Before placing a portable storage device on any property, a permit shall be obtained from the City. Such permit shall be good for thirty (30) days. The fee for such permit shall be set from time to time by the City Council. The permit shall be displayed on the exterior of the portable storage container at all times.
(3) 
Maintenance. All portable storage containers shall be maintained in a condition free from rust, peeling paint and other visible forms of deterioration.
(4) 
Extension. The Code Enforcement Department may extend the permit for thirty (30) days for good cause. Good cause shall mean a reasonable or practical problem that the building or remodeling has not been completed within the original thirty-day period. Any subsequent request for extension shall be referred to the Mayor or his/her designee who may approve additional extensions for good cause but only if the delay is beyond the control of the applicant.
(5) 
Violations. Any violations of the article shall be a municipal infraction and subject to a fine not to exceed one thousand dollars ($1,000). The initial fine for the first infraction shall be one hundred dollars ($100), which shall double for each additional infraction up to the maximum above. Each day a violation exists shall be considered a separate infraction.
[Amended 5-18-2016 by Ord. No. 16-11[3]]
[3]
Editor's Note: This ordinance repealed former Subsection X(5), Fees, and renumbered § 66-3X(6), Violations, as § 66-3T(5).
[Added 4-5-2000 by Ord. No. 00-01; amended 2-21-2001 by Ord. No. 01-02]
As used in this section, the following terms shall have the meanings indicated:
BARBECUE
A permanent structure made of brick or other decorative nonflammable material, which is constructed for the sole purpose of food preparation.
CONTAINER
Any device not designed for the sole use of food preparation.
GRILL
A cooking utensil designed only for food preparation where the food is cooked through exposure to heat.
OUTDOOR FIREPLACE
A commercial or decorative device utilized to contain small fires for entertainment or warmth.
ROTISSERIE
An appliance designed only for food preparation on which food is rotated by or over a source of heat.
UNDERGROUND PIT
Any hole, shaft or cavity in or on the ground utilized for burning.
[Amended 4-2-1997 by Ord. No. 97-01; 4-5-2000 by Ord. No. 00-01]
It shall be unlawful for any person or persons, firm or corporation to violate any of these sections, which are hereby declared by the City Council to be municipal infractions, subject to the provisions of § 1-21A of this Code. Each day a violation continues after initial notice shall constitute a separate or repeat offense.