No person shall throw, dump, place, deposit, leave or cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property, place or premises unless the property, place or premises is approved for the disposal of the litter or the litter is securely and properly placed into a receptacle as authorized and approved by the city.
[Amended 10-28-1997 by Ord. No. 97-O-17]
A. 
Private/public property.
[Amended 11-23-2004 by Ord. No. 04-O-10]
(1) 
No owner, occupant, lessee or agent in charge or control of any private property within the city shall allow litter to be deposited or to accumulate or collect, either temporarily or permanently, on his/her property or to be moved or displaced onto adjoining public or private property. This subsection, however, shall not prohibit the storage of litter in receptacles of collection or other placement for collection as authorized by the city.
(2) 
Property owners, occupants or lessees who, because of any infirmity or physical impairment, cannot maintain their property to the standard set forth in Subsection A(1) may request an exemption from this standard from the city. The request should contain supporting documentation of such infirmity or impairment.
B. 
Sidewalks. Persons owning, renting or occupying property shall keep the sidewalk in the front, side and rear of their premises free of litter. No person shall sweep or deposit litter into any gutter, street or other public place within the city from any building or lot or from any public or private sidewalk or driveway. This subsection shall not apply in the event of a city pickup of designated disposables in assigned areas and locations.
C. 
Business. No person owning or occupying a place of business shall sweep or deposit litter into any gutter, street or other public place within the city from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep their premises and the sidewalk in the front, rear and side of their business free from an accumulation or collection of litter. This subsection shall not apply in the event of a city pickup of designated disposables in assigned areas and locations.
No person shall distribute, throw or scatter or cause to be distributed, thrown or scattered any advertising matter upon or about the streets, sidewalks, public grounds or other public places or upon any private lot or premises or automobile within the city, nor shall any person fasten or cause to be fastened any advertising matter to poles within the city. This section does not restrict the distribution of advertising matter to private residences, offices or mercantile establishments if the same is handed in at the door or securely fastened to prevent it from being blown or scattered about.
No person shall post or affix any notice, poster, handbill or literature, designed to attract public attention, to any lamppost, public utility pole or tree or upon any public structure or building, except as may be required or authorized for a specific time by the city, by an order of any court or by law. The notice, poster, handbill or other literature shall be removed no later than 48 hours after the expiration of the time period authorized by the city.
[Amended 10-28-1997 by Ord. No. 97-O-17]
In order to allow the residents of the city to report incidents of litter or other violations of this article within the city and, further, to allow direct citizen action in maintaining a clean and litter-free community, the city shall make litter complaint forms available to the public.
[Amended 12-10-1991 by Ord. No. 91-O-24; 12-10-1991 by Ord. No. 91-O-25]
A. 
Upon determining that there has been a violation of § 132-4, 132-5 or 132-6 of this chapter, the city shall give notice of the alleged violation to the owner, occupant, lessee or person responsible, as appropriate, requiring that the violation be abated within 24 hours of receiving the notice. Notice may be given by mail and/or by posting the notice of violation at the property where the violation has occurred. Notice is presumed to have been received on the date of posting.
[Amended 11-23-2004 by Ord. No. 04-O-10]
B. 
Any person receiving the notice who fails to abate the violation as required in Subsection A shall be issued a municipal infraction citation under the provisions of § 6-102 of the Local Government Article, Annotated Code of Maryland, subject to a fine as set forth in Chapter 110, Fees and Penalties, provided that Subsection C of this section does not apply. Subsequent violations of § 132-4, 132-5 or 132-6 within the twelve-month period following the issuance of the first municipal infraction shall be subject to a fine as set forth in Chapter 110, Fees and Penalties. A citation may issue immediately for any repeat violation during the period. No additional notice of violation is required prior to issuance of the municipal infraction.
[Amended 10-25-2005 by Ord. No. 05-O-11; 3-26-2019 by Ord. No. 19-O-07]
C. 
Any person affected by any notice or order which has been issued in connection with the enforcement of § 132-4, § 132-5 or § 132-6 of this article, except a notice of violation for depositing or allowing litter to accumulate or collect in any gutter, street or on other public property or place, may request and shall be granted a hearing on the matter by the Advisory Planning Commission, provided that such person shall, within 10 days after service of a notice or order, file in the office of the Public Services Department a signed written notice of appeal requesting a hearing and setting forth a brief statement of the reasons therefor. Upon receipt of such notice of appeal, the Public Services Department shall forthwith notify the Commission and the Commission shall set a time and place for such hearing and shall give the person appealing and the Code Enforcement Officer involved notice thereof. The Commission shall determine such appeals as promptly as practicable.
[Amended 12-9-2008 by Ord. No. 08-O-06; 3-26-2019 by Ord. No. 19-O-07]
D. 
[1]Violations of § 132-3 shall also constitute a municipal infraction, subjecting the violator to a fine as set forth in Chapter 110, Fees and Penalties.
[Amended 3-26-2019 by Ord. No. 19-O-07]
[1]
Editor's Note: Former Subsection D, regarding separate violations for each 10 days that a violation continues, was repealed 11-23-2004 by Ord. No. 04-O-10, and former Subsections E through I were redesignated as Subsections D through H, respectively. Subsequently, redesignated Subsection D, regarding any person who receives a municipal infraction and who wishes to stand trial, was repealed 10-25-2005 by Ord. No. 05-O-11, and redesignated Subsections E through H were redesignated as Subsections D through G, respectively.
E. 
In accordance with § 10-110 of the Criminal Law Article, Annotated Code of Maryland, any person violating the provisions of this article may, in addition to the penalties provided for in the previous subsections of this section, be subject, in the discretion of a court of competent jurisdiction, to perform certain litter-gathering labor in the City under the supervision of the court.
[Amended 10-28-1997 by Ord. No. 97-O-17; 3-26-2019 by Ord. No. 19-O-07]
F. 
In addition to any other penalty provided for, the City may take such civil action as allowed by law, including but not limited to seeking injunctive relief, abatement of a nuisance or imposition of a lien for expenses incurred in abating the nuisance.
G. 
In cases where the City has determined that the owner or person responsible for a violation of this article cannot be found, the violation shall be corrected in accordance with § 132-9 of this chapter.
[Amended 10-28-1997 by Ord. No. 97-O-17]
[Amended 9-10-1991 by Ord. No. 91-O-22; 10-28-1997 by Ord. No. 97-O-17; 12-9-2008 by Ord. No. 08-O-06]
A. 
A violation of § 132-4, 132-5 or 132-6 shall constitute a public nuisance. In the event that § 132-4, 132-5 or 132-6 has been violated and not corrected within 24 hours of the notice required in § 132-8, in addition to any other remedy allowed by law, the City may take action to abate the violation. Except for abatements of litter deposited, accumulated or collected in any gutter, street or on other public property or place, prior to taking abatement action, the City shall provide the owner with at least 10 days' notice of its intention to enter onto the subject property to remove, dispose of, or eliminate the violation. Unless notified otherwise, the City will assume that the owner(s) is that person or entity listed by the Maryland State Department of Assessments and Taxation as the legal owner of the subject property. Such notice shall be served personally upon the owner or designated agent or by certified United States mail, addressed to the owner at the last known address as shown on the State Department of Assessments and Taxation real property tax records. Service by certified mail shall be deemed given upon proper mailing. The notice shall also be posted on the property.
[Amended 3-26-2019 by Ord. No. 19-O-07]
B. 
In the event that the owner does not remove, dispose of, or eliminate the violation as required, the City is authorized to enter onto the property to abate the nuisance. The cost of such abatement shall be paid by the owner.
[Amended 3-26-2019 by Ord. No. 19-O-07]
C. 
All unpaid charges for abatement incurred by the City, as well as any fine, shall be added to the City real property tax bill and collected as other City taxes are collected, and shall become a lien upon the subject property.
D. 
In cases where the Public Services Director has determined that extreme danger exists or extreme unsanitary conditions exist to person or property, the warning notice shall be dispensed with, and the Public Services Director shall take whatever action is deemed appropriate.
[Amended 3-26-2019 by Ord. No. 19-O-07]