[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.
ACT, ORDINANCE, LAW, PUBLIC LOCAL LAW and LEGISLATIVE ACT
AGENCY
BILL
BOND
BUILDING
BUSINESS
CHARTER
COUNCIL
COUNTY
COUNTY EXECUTIVE
COUNTY LIMITS
DESIGNEE (following an official of the County)
ENACT, ENACTED or ENACTMENT
HEALTH OFFICER
JOINT AUTHORITY
KEEPER
LAW
LAWS and RESOLUTIONS
MONTH
OATH
OCCUPANT
OFFICER
OPERATE
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING and FOLLOWING
PROPERTY
PROPRIETOR
PUBLIC PLACE
REAL PROPERTY
REGISTERED MAIL
RESIDENCE
SIDEWALK
SIGNATURE and SUBSCRIPTION
STATE
STATUTES
STREET
TENANT
TIME
WATERCOURSE
WEEK
WRITING and WRITTEN
YEAR
As used in this Code, the following terms shall have
the meanings indicated:
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.
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.
Any measure introduced in the Council for legislative action.
An obligation, in writing, binding the signatory to pay a
sum certain upon the happening or failure of an event.
Any structure intended to have walls and a roof.
Any profession, trade, occupation and any other commercial
enterprise conducted for monetary reward.
The Charter of Harford County, Maryland.
The Legislative Branch of the County government, the County
Council.
Harford County, Maryland.
The chief executive officer of the County and the elected
executive officer mentioned in Section 3, Article XI-A of the Constitution
of Maryland.
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.
The authorized agent, employee or representative of such
official.
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.
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.
That authority given to several persons or officers. Such
authority is vested in a majority of such persons or officers.
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.
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.
The laws and resolutions of Harford County, Maryland, and
all amendments and supplements thereto.
A calendar month.
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.
The tenant or person in actual possession.
An officer, employee, department, board, commission or similar
body of the County, when mentioned in the Code.
To carry on, keep, conduct, maintain, manage, direct or superintend.
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.
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.
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.
Next before and next after, respectively.
Includes real and personal property.
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.
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.
Land, together with all things attached to the land so as
to become a part thereof.
Includes certified mail with return receipt requested.
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."
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.
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.
The State of Maryland.
The latest published edition of the Annotated Code of Maryland.
Any public way, road, highway, street, court, avenue, boulevard,
parkway, alley, lane, viaduct or bridge.
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."
An hour of the day according to the official time of the
County.
Any drain, ditch or stream flowing in a definite direction
or course in a bed with banks.
Seven (7) days.
Any representation of words, letters or figures, whether
by printing or otherwise, capable of comprehension by ordinary visual
means.
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.
The flowering dogwood (Cornus florida) is the
official tree of the County.
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:
[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.
(d)
Notice of failure to respond. If a person that receives a citation
for a violation fails:
(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.
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.
