This chapter shall be known and may be cited
as the "Recreation and Parks Code of Caroline County."
There is a Department of Recreation and Parks
established in the governmental structure of Caroline County, which
Department shall be directed by a Director of Recreation and Parks
who shall serve at the discretion of the Commissioners and shall be
an at-will employee and a department head in accordance with the Personnel
Rules and Regulations of Caroline County as from time to time in place.
The Department shall have such responsibilities, budget, employees,
and duties as the Commissioners shall from time to time determine.
The Department shall be responsible generally for the development
and administration of a comprehensive recreational program including
the construction, equipment, and use of parks, community centers,
and recreational buildings and facilities, the acquisition of sites
therefor, including financial support for artistic, musical, and cultural
public and private nonprofit organizations and activities and the
furnishing of recreational and other services in connection therewith.
When used in this chapter, the following terms
shall have the meanings set forth herein:
BOAT TRAILER
A vehicle that is designed, constructed, or used to transport
a boat used for recreational purposes and which is of a size and weight
that does not require a special highway movement permit when towed
by a motor vehicle. For purposes of this Chapter, a Boat Trailer or
vehicle used to transport, multiple, non-mechanically powered watercraft
such as canoes and kayaks shall be permitted to do so under a single
permit.
[Added 3-10-2009 by Bill
No. 2009-2]
CODE
The Public Local Laws of Caroline County, Maryland, as from
time to time amended.
COMMISSIONERS
The County Commissioners of Caroline County, Maryland.
DEPARTMENT
The Department of Recreation and Parks.
DIRECTOR
The Director of the Department, including where permitted,
any person authorized to act in place of the Director.
OFFICER
A police officer, including a law enforcement officer, Sheriff, a Deputy Sheriff, and any person other than a police officer or law enforcement officer who is authorized by law, including this Chapter
148, to issue a citation for a violation of an ordinance, law, or regulation adopted pursuant to this Chapter
148 or the provisions of any other applicable ordinance, law, or regulation.
[Added 3-10-2009 by Bill
No. 2009-2]
PUBLIC LANDING
All public landings, public wharves, public docks, public piers, public marinas, and public harbors, including the riparian waterways, real property, and adjacent public rights-of-way owned, maintained, and/or operated by Caroline County, or by any municipality adopting, or consenting to be including under, the provisions of this Chapter
148.
[Amended 3-10-2009 by Bill No. 2009-2]
[Amended 3-10-2009 by Bill No. 2009-2]
The Commissioners shall have the authority to
adopt rules and regulations governing all lands, structures, buildings,
and activities of Caroline County, Maryland under the control, supervision,
or direction of the Department by resolution, including the establishment
of permit classifications and permit fees, user and usage categories
and fees, parking regulations and the enforcement thereof, and all
other criteria allowed by law.
This Article
II shall apply to Public Landings. All Public Landings are open for use by the general public for water-related activities, subject to the restrictions of this Article
II and as may from time to time be provided by rules and regulations adopted pursuant to this chapter.
[Amended 3-10-2009 by Bill No. 2009-2]
A. The Department is authorized to supervise, manage, and oversee the operation and maintenance of all Public Landings. This authorization shall include authority to review, issue, and revoke permits, including parking permits, required by bill, ordinance, or resolution, and to enforce the terms of this Article and all laws, resolutions, rules, and regulations now or hereafter adopted. Department personnel, as designated by the Director of the Department, and any officer, as defined in this Chapter
148, shall be authorized to issue citations for violations of the permit and parking regulations of this chapter
148. Personnel of the Caroline County Department of Planning, Codes, and Engineering (“Planning and Codes”) as designated by the Director of that Department after consultation with the Director of the Department of Recreation and Parks are also authorized generally to issue citations for violations of this chapter in accordance with Chapter
92, Civil Infractions of the Code of Caroline County and for violations of the parking and permit provisions of Article
II hereof.
B. The Department shall adopt written procedures and
propose for consideration by the Commissioners rules and regulations
for the operation and maintenance of Public Landings and the issuance
of permits, including parking permits, consistent with and subject
to this Article and to all resolutions now or hereafter adopted by
the Commissioners.
[Amended 3-10-2009 by Bill No. 2009-2]
All receipts from the sale of annual and daily
Public Landing permits and from fines incurred from enforcement of
this chapter and regulations promulgated pursuant hereto shall be
placed in a County revenue fund to be used for the operation and maintenance
of property under the control of the Department, including, but not
limited to, Public Landings. Notwithstanding the foregoing, the County
shall establish distribution procedures with respect to the office
of the Sheriff of Caroline County and any participating municipalities
to defray the costs incurred in enforcing the provision of this Article
and for the operation and maintenance of municipal Public Landings
which are made subject to this Article.
[Amended 11-27-2018 by Bill No. 2018-3]
The costs for daily and annual Public Landing permits shall
be established by resolution by the County Commissioners. Permits
rates shall be available for purchase at designated locations established
by the Director.
The Department may designate areas at any Public
Landing which shall be used exclusively for the loading and unloading
of vessels. No vessel shall dock or raft at any such location other
than temporarily while loading or unloading (such loading or unloading
time to be limited to 30 minutes maximum).
[Amended 3-10-2009 by Bill No. 2009-2]
The Department from time to time shall propose
regulations for consideration by the Commissioners defining vehicle
and Boat Trailer only parking, vehicle only parking, and other parking
restrictions and allowances to regulate adequately Public Landing
parking areas and to insure that non-boat launching visitors will
have reasonable access to Public Landings.
[Amended 3-10-2009 by Bill No. 2009-2]
Categories and specifics governing violations of this chapter and the penalties therefor under Chapter
92 of the Code from time to time shall be proposed by the Department for consideration by the Commissioners. Violations of any parking restrictions at any Public Landing shall be deemed to constitute a parking violation under state and local law and shall be prosecuted in conformance therewith. A parking violation pursuant to Article
II hereof shall constitute a Class G violation as set forth in Chapter
92 of the Code.
[Amended 3-10-2009 by Bill No. 2009-2]
This Chapter may be enforced by the Director,
any employee in the Department as designated by the Director, and
any employee in the Department of Planning, Codes, and Engineering,
as designated by the Director of that Department upon the request
and concurrence of the Director of the Department of Recreation and
Parks, and by any officer.