[Adopted as §§ 1-3, 1-5, 1-6, 1-7, 1-9, 1-10, 1-17, 1-18, 1-19, 1-20, 1-21, 1-23, 1-24, and 1-25 of the 1978 Code]
A. 
In the interpretation and construction of this Code, the following rules of construction and definitions shall be observed unless inconsistent with definitions specifically enumerated in another Article or section or inconsistent with the manifest intent of the Council or the context and usage clearly requires otherwise.
B. 
As used in this Code, the following terms shall have the meanings indicated:
ACT, ORDINANCE, LAW, PUBLIC LOCAL LAW and LEGISLATIVE ACT
Any bill enacted in the manner and form provided in the Charter in connection with any action by the Council or a legislative action of the County Commissioners or the State Legislature that is applicable to the County.
AGENCY
When used to designate a subordinate element of government, includes any office, department, institution, board, commission or corporation of the County government and, when so specified, any office, department, institution, board, commission or corporation which receives or disburses County funds.
BILL
Any measure introduced in the Council for legislative action.
BOND
An obligation, in writing, binding the signatory to pay a sum certain upon the happening or failure of an event.
BUILDING
Any structure intended to have walls and a roof.
BUSINESS
Any profession, trade, occupation and any other commercial enterprise conducted for monetary reward.
CHARTER
The Charter of Harford County, Maryland.
COUNCIL
The Legislative Branch of the County government, the County Council.
COUNTY
Harford County, Maryland.
COUNTY EXECUTIVE
The chief executive officer of the County and the elected executive officer mentioned in Section 3, Article XI-A of the Constitution of Maryland.
COUNTY LIMITS
Includes territory within the County, including not only the corporate limits of the County but also any property which it owns or which is under its jurisdiction.
DESIGNEE (following an official of the County)
The authorized agent, employee or representative of such official.
ENACT, ENACTED or ENACTMENT
When used in connection with the legislative acts of the Council, the action by the Council in approving any item of legislative business prior to its submission to the County Executive for his approval or veto.
HEALTH OFFICER
Any person designated by the Council to perform the County Health Officer's functions and duties, and/or the duly appointed Deputy State Health Officer.
JOINT AUTHORITY
That authority given to several persons or officers. Such authority is vested in a majority of such persons or officers.
KEEPER
One in possession of, or who has the care, custody or superintendence of, a thing, place or business, whether or not the owner or proprietor, and includes any person, firm, association, corporation, club and copartnership, whether acting by themselves or by a servant, agent or employee.
LAW
Includes all acts, public local laws, ordinances and legislative acts and resolutions of the Council and all public general laws and public local laws of the General Assembly of the state and all ordinances and resolutions of the County Commissioners not repealed whenever such construction would be reasonable.
LAWS and RESOLUTIONS
The laws and resolutions of Harford County, Maryland, and all amendments and supplements thereto.
MONTH
A calendar month.
OATH
Any form of attestation by which a person signifies that he is bound in conscience to perform an act or to speak faithfully and truthfully and includes an affirmation or declaration in cases where, by law, an affirmation may be substituted for an oath.
OCCUPANT
The tenant or person in actual possession.
OFFICER
An officer, employee, department, board, commission or similar body of the County, when mentioned in the Code.
OPERATE
To carry on, keep, conduct, maintain, manage, direct or superintend.
OWNER
One who has complete dominion over particular property and who is the one in whom legal or equitable title rests. When applied to a building or land, "owner" means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, joint tenant or tenant by the entirety of the whole or part of such building or land.
PERSON
Any individual, natural person, joint-stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization, owner, occupant or any other group acting as a unit, principal or agent, or the manager, lessor, lessee, agent, servant, partner, member, director, officer or employee of any of them, including an executor, administrator, trustee, receiver or other representative appointed according to law.
PERSONAL PROPERTY
Any money, goods, movable chattels, things in action, evidence of debt, all objects and rights which are capable of ownership and every other species of property except real property.
PRECEDING and FOLLOWING
Next before and next after, respectively.
PROPERTY
Includes real and personal property.
PROPRIETOR
An owner of the property or premises, including any person, firm, association, corporation, club, partnership or other group acting as a unit, whether acting by themselves or by a servant, agent or employee.
PUBLIC PLACE
Includes any public street, road or highway, alley, lane, sidewalk, crosswalk or other public way, or any public resort, place of amusement, stadium, athletic field, park, playground, public building or grounds appurtenant thereto, school building or school grounds, public parking lot or any vacant lot, the elevator, lobby, halls, corridors and areas open to the public of any store, office or apartment building or any other place commonly open to the public.
REAL PROPERTY
Land, together with all things attached to the land so as to become a part thereof.
REGISTERED MAIL
Includes certified mail with return receipt requested.
RESIDENCE
The place adopted by a person as his habitation and to which, whenever he is absent, he has the intention of returning. When a person eats at one (1) place and sleeps at another, the place where such person sleeps shall be deemed his "residence."
SIDEWALK
That portion of a street between the curbline and the adjacent property along the margin of a street or other highway, designed, constructed and intended for the use of pedestrians to the exclusion of vehicles.
SIGNATURE and SUBSCRIPTION
The name of a person or the mark or symbol appended by him to a writing with intent to authenticate the instrument as one made or put into effect by him.
STATE
The State of Maryland.
STATUTES
The latest published edition of the Annotated Code of Maryland.
STREET
Any public way, road, highway, street, court, avenue, boulevard, parkway, alley, lane, viaduct or bridge.
TENANT
When applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others. The word "tenant" includes the word "occupant."
TIME
An hour of the day according to the official time of the County.
WATERCOURSE
Any drain, ditch or stream flowing in a definite direction or course in a bed with banks.
WEEK
Seven (7) days.
WRITING and WRITTEN
Any representation of words, letters or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.
YEAR
A calendar year.
C. 
Rules of construction.
(1) 
And/or. "And/or" means "and" and may read "or/and" or may be read "and," if the sense requires it.
(2) 
Definitions given within a chapter or Article. Such definitions apply only to words or phrases used in such chapter or Article, unless otherwise provided.
(3) 
Gender. Words in any section importing the masculine gender shall include the feminine and neuter as well as the masculine.
(4) 
May. The word "may" is permissive and discretionary.
(5) 
Number. Words used in the singular include the plural, and the plural includes the singular.
(6) 
Shall; must. The word "shall" or "must" is mandatory.
(7) 
Tense. Words used in the past or present tense include the future, past and present where applicable, unless the context clearly indicates otherwise.
(8) 
Time of performance or reference to span of time. Time of performance or any reference to span of time, when computed in days, is not intended to include Saturdays, Sundays or holidays of the state or nation. The words "calendar days" are used in those instances where the span of time is intended to include Saturdays, Sundays or holidays of the state or nation. Reference to a span of time is not intended to include the day the event occurs but shall include the last day of a period so computed, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the day which is neither a Saturday, Sunday or legal holiday.
(9) 
Words and phrases not defined. Words and phrases not defined in this Code shall be construed according to the common and approved usage of the language, but technical words and phrases and others that have acquired peculiar and appropriate meanings in the law shall be construed and understood according to such meanings.
This Code shall refer only to the commission or omission of acts within the territorial limits of the County and to that territory inside and outside of the County over which the County has jurisdiction or control by virtue of any constitutional or Charter provisions or any law.
The following boundary line between Baltimore and Harford Counties is hereby established: Beginning at a point in the present boundary line between such counties at the mouth of the Gunpowder River, and running thence up such river along the present boundary line to the south end of the gut or channel between Edel's Island No. 1 and Edel's Island No. 2, as described in the two (2) several patents from the State of Maryland to Samuel T. Edel, Jr., and others, both bearing the date October 2, 1903; thence, up such gut or channel to the north end thereof, and leaving the same, up the Gunpowder River to the place of beginning, as defined in Section 2 of Chapter 6 of the Acts of 1773, entitled "An Act for the Division of Baltimore County and for Erecting a New One by the Name of Harford."
Whenever a power is granted to or a duty is imposed upon a public officer or employee, the power may be performed by any authorized deputy or designee or by any person authorized pursuant to law, unless this Code expressly provides otherwise.
A. 
The Official Flag of the County shall contain the Official Seal of the County on a pale blue background trimmed with gold fringe.
B. 
Scale drawings of such Official Flag are on file in the offices of the Secretary of the County Council and the Director of Administration.
C. 
The official colors of the County shall be gold and pale blue.
[Added by Bill No. 86-46]
A. 
The Harford County Coat of Arms was designed by Mr. George Van Bibber and adopted by the County Commissioners on September 28, 1964. It is circular in shape and contains the corporate name of Harford County, Maryland. Attached hereto and incorporated herein by reference is an official black and white copy of said Seal.[1]
[1]
Editor's Note: The official black and white copy of the Seal is on file with the County Council Secretary and the Director of Administration.
B. 
In the accepted design, the shield is gold to symbolize the wealth of the County and the richness of its fields. Across the shield are waving bends of blue signifying three (3) major County streams: Deer Creek, Bynum Run and Winters Run.
C. 
The crest is a two-handed forearm with the right hand holding, escrivant (heraldic for "writing"), a white quill symbolizing the pen used by those who wrote and signed the Bush Declaration.
D. 
The left hand holds a sword as if presenting into the right hand of the nation the skills of reproducing defense materials, emanating from Edgewood Arsenal and Aberdeen Proving Ground.
E. 
The motto "At the Risque of Our Lives and Fortunes" comprises the last eight (8) words of the Bush Declaration and preserves the same spelling of "risk" that is used in that document.
F. 
The County shall have exclusive use of the Seal, and the County Executive, Director of Administration, Treasurer, County Council Secretary and such others as may be specified by the County Executive shall have the power to attest to the County Seal. An official copy of the Seal (in color) will be kept by the County Council Secretary and the Director of Administration.
Whenever in this Code any act or omission is made unlawful or prohibited, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
A. 
All records, buildings and premises subject to inspection under this Code shall be inspected from time to time by the designated officer of the County or his designee.
B. 
All records, rooms and areas of a building or premises shall be available and accessible for such inspection, which shall be made during usual business hours if the premises are used for nonresidential purposes, provided that inspections may be made at other times if:
(1) 
The premises are not available during the foregoing hours for inspection;
(2) 
There is reason to believe that violations are occurring on the premises which can only be apprehended and proved by inspection during other than the prescribed hours; or
(3) 
There is reason to believe a violation exists of a character which is an immediate threat to health or safety, requiring inspection and abatement without delay.
C. 
Where the designated officer or his designee is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this Code and subject to the penalties thereunder.
A. 
Any officer designated by the County to inspect a premises may, upon affidavit, apply to any court of competent jurisdiction for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Code may exist, including one (1) or more of the following:
(1) 
That the premises or records require inspection according to the cycle established by the inspecting officer for periodic inspections of records, buildings or premises of the type involved.
(2) 
That observation of external conditions of the premises and its public areas has resulted in the belief that violations of this Code exist.
B. 
If the court of competent jurisdiction is satisfied as to the matters set forth in the affidavit, it shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
A. 
All notices, reports, statements, applications or records required or authorized by this Code shall be made in writing in the English language, unless specifically provided otherwise.
B. 
Service and proof of notices.
(1) 
Unless otherwise specifically provided, whenever a notice is required to be given pursuant to any section of this Code, such notice shall be given either by personal delivery to the person to be notified or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his last known business or residence address, as the same appears in the public records or other records pertaining to the matter for which such notice is served, or by any other method of delivery approved by law. Service by mail shall be deemed to have been completed at the time of deposit in the post office or any United States mailbox.
(2) 
Proof of giving any notice may be made by the certificate of any officer or employee of this County or by affidavit of any person over the age of eighteen (18) years who actually accomplished personal service in conformity with this Code or other provisions of law applicable to the subject matter concerned or by a return receipt signed by the recipient notified by United States Mail.
In all cases where the same offense is made punishable or is created by different sections of this Code, the County Attorney may elect under which to proceed, but not more than one (1) recovery shall be had against the same person for the same offense. This section is not to be construed to prevent recovery for more than one (1) offense arising out of the same act.
A. 
The County may refuse to issue a license or a permit, or the licenses or permits issued pursuant to this Code, unless otherwise provided thereunder, may be suspended or revoked by the appropriate director, official, employee, department, commission, board or agency where applicable, after notice and hearing, for any of the following causes:
(1) 
Any fraud, misrepresentation or false statement contained in the application for permit or license.
(2) 
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares, merchandise and services.
(3) 
Any violation of this Code or any law or ordinance of the County.
(4) 
Conviction of an applicant, licensee or anyone holding a permit of any crime or misdemeanor involving moral turpitude or a violation of any act of the state or of any law of the United States having a reasonable relationship to the purpose and scope of the permit or license.
(5) 
Conducting the activity, under this Code or any law or ordinance of the County, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, morals or general welfare of the public.
(6) 
A permit for a public event at a property where there have been 3 or more arrests, based on violations of the Maryland Controlled Dangerous Substances Act that all occurred at one public event held on that property, shall not be issued for a period not to exceed 1 year from the date of the one public event where the violations occurred.
[Added by Bill No. 18-004]
B. 
Notice of hearing for the refusal to issue a license or permit or the suspension or revocation of a license or permit shall be in writing, given by the County, setting forth specifically the grounds of the complaint and the time and place of the hearing. Service of such notice shall be made by either personal service or by certified mail, return receipt requested, to the applicant, licensee or anyone holding a permit at the last known address, at least 5 days prior to the date set for the hearing.
[Amended by Bill No. 18-004]
C. 
In case of the refusal to issue a license or permit or the suspension or revocation of a license or permit as herein provided, no portion of the application, license or permit fee shall be returned to the applicant, licensee or anyone holding a permit unless otherwise provided in this Code or any law of the County.
D. 
Any suspension or revocation hereunder may be either in addition to or instead of any penalty or fine as prescribed in this Code or any law of the County.
E. 
The director, official, employee, department, commission, board or agency refusing to issue, issuing, suspending or revoking a permit or license shall give the requisite notice and hold the hearing as provided for in this section.
F. 
A person who knowingly makes a misrepresentation or false statement on an application for a County permit or license is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 calendar days or both.
[Added by Bill No. 92-26; amended by Bill No. 18-004]
[Amended by Bill No. 23-023]
A. 
This section applies to Chapter 267 of this Code and whenever no specific penalty is provided for the violation of any provision of this Code or any law, resolution, local law, rule, regulation or order or whenever a County department elects to issue a civil citation to address a violation of any law, resolution, local law, rule or regulation. A violation may be punished by either a civil penalty or a criminal penalty with a criminal fine not to exceed $1,000 and/or imprisonment not to exceed 6 months, or both in the discretion of the court.
(1) 
Civil penalty. A County department director or designee may impose a fine not to exceed $500 for each violation of Chapter 267 of this Code, and a fine not to exceed $1,000 for a violation of any other law, resolution, local law, rule, regulation or order for which no specific civil penalty is provided.
(2) 
Citations.
(a) 
Definitions.
[1] 
"Citation" shall mean and refer to the form used to issue or assess a civil fine;
[2] 
A "civilly finable offense" is any violation of any requirement of the Code for which a specific penalty is not otherwise provided. Additionally, a "civilly finable offense" shall be deemed to be commited each and every day after a person:
[a] 
Fails to elect to stand trial for a violation for which a civil citation is issued; or
[b] 
Is adjudicated to have violated this Code by a court of law after a trial on a citation; or
[c] 
Fails to pay in full a civil fine pursuant to an order of a court;
[3] 
"Official" shall mean and refer to a department director or the County employee(s) authorized by a department director to issue citations.
(b) 
Issuance of citation. An official may deliver a citation to a person who has committed a violation.
(c) 
Citation contents.
[1] 
The citation shall contain:
[a] 
The name and address of the person fined for a Code violation;
[b] 
The nature of the violation, including the Code provision(s) violated;
[c] 
The location and time of the violation;
[d] 
The amount of the fine;
[e] 
The manner, location and time for payment of the fine; and
[f] 
Notice of the cited person's right to elect to stand trial for the violation and how to exercise that right.
[2] 
The citation shall bear a certification attesting to the truth of the matters set forth in the citation.
(d) 
Copy of citation. The official shall keep a copy of the citation.
(3) 
Process.
(a) 
Notice of intention to stand trial. A person who receives a citation may elect to stand trial for the violation by filing a notice of intention to stand trial with the official at least 5 business days before the date set forth in the citation for the payment of fines.
(b) 
Notice to District Court. After receiving a notice of intention to stand trial, the County shall forward The notice, with a copy of the citation, to the District Court.
(c) 
Trial assignment. After receiving the citation and notice, the District Court shall:
[1] 
Schedule the case for trial; and
[2] 
Notify the parties of the trial date.
(d) 
Notice of failure to respond. If a person that receives a citation for a violation fails:
[1] 
To timely file a notice of intention to stand trial; or
[2] 
To pay the fine by the date of payment set forth in the citation;
Then the official shall mail a notice of the violation to the person's last known address.
(e) 
Additional fines for nonpayment of citation. If the person that receives the citation does not pay or otherwise satisfy the citation within 15 days after the date the notice of failure to respond is mailed, the amount of the fine shall be doubled so that it is twice the amount of the original fine.
(f) 
Request for adjudication of unpaid violation.
[1] 
If the person that receives the notice of failure to respond does not pay or otherwise satisfy the citation within 35 days after the notice of failure to respond is mailed, the County may request the District Court to enforce payment of the fine.
[2] 
If the County requests enforcement of payment, the District Court shall:
[a] 
Schedule the case for trial; and
[b] 
Summon the defendant to appear.
B. 
An attorney from the County Department of Law shall prosecute civil proceedings brought under this section.
C. 
Each day that any violation of any provision of this Code or of any law, resolution, local law, rule, regulation or order of the County shall continue shall constitute a separate offense.
D. 
Imprisonment in default of fine and costs shall be regulated by the provisions of the Courts and Judicial Proceedings Article, of the Annotated Code of Maryland, and any amendments thereto.
E. 
In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any law, resolution, local law, rule, regulation or order of the County shall be deemed a public nuisance and may be prevented, restrained, corrected or abated by the County, as provided by law, including the recovery of the amount of expense relating thereto by suit if necessary, and the costs of abatement shall constitute a lien on the property of the violator if and as permitted by law, with each day that such condition continues to be regarded as a new and separate offense.
F. 
The suspension or revocation of any license, permit, certificate or other privilege conferred by the County shall not be regarded as a penalty for the purposes of this Code but shall be in addition thereto.
[Added by Bill No. 77-70]
A. 
It shall be unlawful for any person to:
(1) 
Fail to respond to a subpoena issued by the County Council or an investigative body, officer or person established or employed by the County Council.
(2) 
Fail to testify as may be required by the County Council or an investigative body, officer or person established or employed by the County Council.
(3) 
Fail to produce other evidence as may be required by the County Council or an investigative body, officer or person established or employed by the County Council, except as may be excused by law.
(4) 
Avoid being served a subpoena issued by the County Council or an investigative body, officer or person established or employed by the County Council.
B. 
Any person convicted of a violation of Subsection A of this section shall be guilty of a misdemeanor and may be punished by a fine not to exceed one thousand dollars ($1,000.) or by imprisonment not to exceed six (6) months. Imprisonment up to six (6) months may be imposed until the person purges himself of the contempt. Each day that a person shall fail to respond as required shall be deemed a separate offense.