[HISTORY: Adopted by the Mayor and Council of the City of College Park 1-8-1985 by Ord. No. 84-O-13. Amendments noted where applicable.]
[Amended 9-24-72019 by Ord. No. 19-O-13]
Whatever is dangerous to life or health; whatever renders air, food, water or drink unwholesome or unfit for the use of people; whatever odors or exhalations are offensive or dangerous to the public health; and whatever accumulations of animal or vegetable matter, solid or liquid, are dangerous or harmful to the public health or are likely to become so are hereby declared to be nuisances within the scope and meaning of this chapter. It is unlawful for any person to create a nuisance on public or private property, and for any person to allow a nuisance to exist on any property that they own, occupy or control.
[Amended 9-10-1991 by Ord. No. 91-O-22]
The duties of the Public Services Department, as they relate to this chapter in general, shall be to cause to be executed and observed all ordinances for the preservation of the health and well-being of the people of the city; to examine from time to time the sanitary condition of all streets, roads and alleys in the City and lots and properties abutting thereon and cause to be abated or removed all nuisances tending to create a nuisance thereon which, in its opinion, would endanger health; to investigate all complaints as to the existence of alleged nuisances on any premises or enclosure and, if found, to cause the abatement thereof; and generally to notice all things that relate to the preservation of the health of the people of the city. It shall particularly observe and investigate all places where groceries or prepared food is sold, and, if conditions are found which are deemed a menace to health, it shall cause the nuisance to be abated.
[Amended 10-8-1985 by Ord. No. 85-O-9; 1-13-2004 by Ord. No. 03-O-12; 6-12-2007 by Ord. No. 07-O-12]
Commercial or residentially zoned properties using a commercial dumpster service for regular trash collection must file with the City a copy of their contract for the services. Each contractor must furnish a minimum of two pickups weekly. All dumpsters furnished by the contractor must be watertight, with a lid that must remain closed. Each dumpster must sit on a concrete or asphalt pad to be at least the same size as the dumpster. The dumpster must be placed to the rear or side of the property, and in any case to the rear of the front building restriction line. In cases where the dumpster is visible to the general public, said dumpster must be enclosed by some means of screening, such as stockade-type fence, to completely obscure it from such view and must be located a minimum of 10 feet from any public sidewalk.
No dumpster or other receptacle for the storage or transport of construction or other debris, or for the storage of household or other items, greater in size than three cubic yards, shall be placed on residential property without a permit issued by the City. Permits shall expire not later than 30 days after issuance, and shall be subject to such further conditions as the City Manager may require. A permit may be extended for up to an additional 60 days in any twelve-month period by the Director of Public Services, and thereafter by the City Manager for up to an additional 90 days in the same period upon good cause shown. Any further extension within the same period may be authorized only by the Mayor and City Council upon a showing of exceptional circumstance.
It shall be unlawful for any person to deposit refuse in the streets, alleys, lanes, sidewalks or any other public areas of the City of College Park, except in refuse receptacles placed by the City in various locations throughout the City or in private commercial containers designed for the deposit and removal of refuse, except that normal household refuse may be placed in front of single-family homes in City refuse toters, but not more than 24 hours prior to the refuse pickup day designated for the area in which the subject property is located.
Items for special collection, such as washers, dryers, refrigerators, etc., may be placed at the curb of residential property for pickup in accordance with the policy established by the Department of Public Works and approved by the City Council regarding special refuse collection. Residents may inquire about said policy by contacting the City Department of Public Works.
[Amended 8-12-1997 by Ord. No. 97-O-8]
The City shall also have the option of picking up illegally placed refuse in advance of the next scheduled pickup date and shall charge the owner of said premises for the cost of such pickup, and any cost shall constitute a lien on said premises and may be collected in the same manner and at the same time as are the property taxes.
It shall be the duty of every owner or occupant of any property within the City of College Park to remove and clear away any accumulation of ice, sleet or snow impeding safe pedestrian traffic from the portion of the public sidewalk which abuts on said building or parcel of land within 24 hours after the ceasing to fall of any such snow, sleet or ice.
It shall be unlawful for any owner or occupant of any property to allow or let any public sidewalk in front of or beside his/her property to become unsightly from any form or substance that might be construed to be detrimental to the health, safety and welfare or that might be an impediment to the safe passage of any pedestrian.
[Amended 9-10-1991 by Ord. No. 91-O-22; 11-26-1991 by Ord. No. 91-O-23; 1-13-1998 by Ord. No. 97-O-20]
It shall be the duty of every owner or occupant of each private residence, apartment house, commercial establishment and any other place of business or residence using refuse toters and recycling container(s) to place for pickup the toter, recycling container(s), other refuse, yard waste and special trash at the curb in front of the property they occupy not more than 24 hours in advance of the scheduled pickup. All refuse toters, recycling container(s), other refuse, yard waste and special trash shall be stored at the rear of the property or on the side of the house and adjacent to any part of the main structure located thereon prior to being placed at the curb for pickup. It shall be unlawful for any owner or occupant of any property to place a toter, recycling container, yard waste or other refuse or special trash in front of any property not occupied by them, or upon any street, curb or sidewalk. Further, it shall be unlawful to place any refuse toter, recycling container, other refuse, yard waste or special trash for collection more than 24 hours in advance of the scheduled pickup. All refuse toters and recycling containers shall be placed for storage in accordance with this section prior to 12:00 midnight on the refuse pickup day. In no event shall a refuse toter or recycling container be placed at the curb or in the front yard for a period of more than 48 hours.
[Amended 10-25-2005 by Ord. No. 05-O-11]
Refuse and recycling collection service for the disabled. Upon a showing of qualification, the City shall provide refuse and recycling pickup service to physically disabled residents. The responsibility for qualifying for this service shall rest with the resident. Age alone shall not be considered sufficient reason for disabled refuse and recycling pickup service. For purposes of this section, "refuse and recycling pickup service" shall mean the collection of refuse and recyclables from a clearly identifiable area by, in front of, beside of or behind the house, in a carport or on a driveway. In order for a person to be eligible for disabled refuse and recycling pickup service, the person must make a request to the City Department of Public Works to provide such service and certify that there are no members of the household who are physically able to carry refuse and recyclables to the curb. The person must also submit to the Department of Public Works a doctor's certificate indicating that they are physically unable to carry the refuse and recyclables to the curb.
If the topography of a property does not permit the storage of refuse toters and recycling containers in accordance with Subsection A hereof, the owner or occupant shall make a request to the City Department of Public Services to place said toters and containers for storage in an alternate inconspicuous location. The placement of toters and containers for storage in alternate locations shall be approved in writing by the Director of Public Services. The owner(s) or occupant(s) affected by the decision of the Director of Public Services shall have the right to appeal the decision to the Advisory Planning Commission in accordance with the provisions of Chapter 125, Housing Regulations of the City Code, § 125-4, Appeals to Advisory Planning Commission.
[Amended 9-24-2002 by Ord. No. 02-O-3]
[Amended 9-10-1991 by Ord. No. 91-O-22; 5-10-2011 by Ord. No. 11-O-05; 11-9-2011 by Ord. No. 11-O-13]
Signs or advertisements in City rights-of-way. It shall be unlawful for any person to post or allow to be posted in any manner in or on any City right-of-way, public street, sidewalk, thoroughfare or other public way or to any lamppost, public utility pole or tree in said public way, any sign or form of advertisement without notifying and obtaining permission from the City Public Services Department. Political signs or other political matter may not be posted more than 45 days prior to an election. Such material must be removed within 48 hours after the event or election.
Signs in a State of Maryland right-of-way. Except for a sign placed or maintained by the state or with the authorization of the state, a person may not place or maintain a sign, or direct, consent to, or approve the placement or maintenance of a sign, within a state highway right-of-way located within the corporate limits of the City.
Without resort to legal proceedings, a sign placed or maintained in violation of this subsection may be removed and destroyed by City personnel.
A person that places or maintains a commercial sign within the right-of-way of a state highway in violation of this subsection is subject to a civil penalty not exceeding $25 per commercial sign, which, if not paid after being cited and assessed, may be recovered by the City in a civil action in the District Court. The City may also seek an injunction against further violations of this subsection. For a three-month period after initiating a sign removal program, a commercial sign violation under this Subsection B(2) may be enforced only through issuance of a warning.
For the purposes of enforcing this Subsection B, the presence of a sign within a state highway right-of-way shall be evidence that the sign was placed or maintained at the direction of, or with the consent and approval of, the person or the person's agent or representative in the state whose name, business, location, or product representation is displayed on the sign.
[Added 3-22-1988 by Ord. No. 87-O-9]
It shall be the duty of the occupant or owner in possession of property adjoining an unimproved public right-of-way adjacent to an improved public right-of-way, i.e., roadway or street, to ensure that grass or weeds on the unimproved public right-of-way are cut so as to limit their height to 12 inches.
[Amended 4-9-1985 by Ord. No. 85-O-4; 3-22-1988 by Ord. No. 87-O-9; 12-10-1991 by Ord. No. 91-O-24; 7-10-2001 by Ord. No. 01-O-6; 1-13-2004 by Ord. No. 03-O-12]
Whenever the Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
Be in writing;
Include a statement of the reasons for issuance;
Allow a reasonable time for compliance; and
Be served upon the owner or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served if delivered personally to the owner/agent or occupant, if a copy thereof is sent by regular mail to the last known address of the individual, if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if a copy thereof is served by any other method authorized or required under the laws of this state.
[Amended 10-25-2005 by Ord. No. 05-O-11]
Such notice may contain:
[Amended 10-25-2005 by Ord. No. 05-O-11; 6-12-2007 by Ord. No. 07-O-12]
An outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with the rules and regulations adopted pursuant thereto.
The requirement that the violation must be fully corrected within 30 days if involving a violation of § 141-3A, within five days if involving a violation of § 141-3B, within 10 days if involving a violation of § 141-8, and within 24 hours, if involving a violation of the remainder of the chapter provisions; a statement that a municipal infraction may be issued for each violation, and for each successive period of noncompliance; and a statement that the notice constitutes the only notice which the person will receive regarding a violation of the applicable section for the twelve-month period following the date that the notice is issued, and that a citation may issue immediately for any repeat violation during the period.
A violation of the provisions of this chapter shall constitute a municipal infraction and shall be subject to the fines and penalties set forth in Chapter 110 of the College Park Code. Subsequent violations shall be subject to a doubled fine as set forth in Chapter 110, Fees and Penalties.
[Amended 10-25-2005 by Ord. No. 05-O-11]
[Adopted 9-24-2019 by Ord. No. 19-O-13]
In this article, the following terms shall have the meanings indicated.
- ALCOHOLIC BEVERAGE
- As defined in § 1-101 of the Alcoholic Beverages Article of the Annotated Code of Maryland.
- ILLEGAL CONTROLLED SUBSTANCE
- A drug or substance, the possession and use of which is regulated under the State Controlled Dangerous Substances Act. The term does not include any drug or substance for which a person has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription or is otherwise authorized by law.
- PROPERTY OWNER
- Any person who owns a property or has charge, care or control of a property as a legal owner
- RESIDENCE OR OTHER PRIVATE PROPERTY
- A residential property, including without limitation a detached, attached, or semidetached single-family dwelling, a row home, townhome, apartment, condominium, or other dwelling unit, or a yard or curtilage of a residence, a hall, meeting room, hotel or motel room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation, including contiguous properties, and any buildings, structures or other improvements situ a ted thereon or affixed thereto.
- RESPONSIBLE PERSON
- An owner of, or occupant with a right of possession in, the residence or other private property on which an unruly social gathering is conducted. A responsible person for the unruly social gathering need not be physically present at such gathering.
- UNRULY SOCIAL GATHERING
- A party, event, or assemblage of eight or more persons at a residence or other private property where:
Alcoholic beverages are being furnished to, consumed by, or in possession of any underage person in violation of state law; or
Behavior or conduct is occurring that results in a substantial disturbance of the peace and quiet enjoyment of private or public property, which may include the following:
Excessive traffic that is significantly above and beyond the normal amount of pedestrian or vehicle traffic for the day, date, and time of day for the neighborhood;
Use of an illegal controlled substance by any person at the gathering;
Obstruction of public streets or the presence of unruly crowds that have spilled onto public streets;
Public drunkenness or unlawful consumption of alcohol or alcoholic beverages;
Assaults, batteries, fights, or other disturbances of the peace;
Vandalism of public or private property;
Public urination or defecation;
Other conduct which constitutes a threat to the public safety, quiet enjoyment of residential or other private property, or the general welfare.
Editor's Note: See the Criminal Law Article of the Annotated Code of Maryland, § 5-101 et seq.
An unruly social gathering is declared a nuisance for purposes of this chapter. It is unlawful for a property owner or any responsible person to conduct, cause, aid, allow, permit, or condone an unruly social gathering at a residence or other private property.
A municipal infraction based only on excessive noise will not be issued under this section if one is issued under § 138-6 of the City Code for the same occurrence. Excessive noise will not be cited as part of a municipal infraction issued under this section unless an accurate sound-level meter reading for the same occurrence is not feasible or practicable.
A Code Enforcement Officer or peace officer who determines that an unruly social gathering exists in violation of § 141-13 may issue a municipal infraction for the violation to all identified responsible persons. For a first offense within any twenty-four-month period, an owner will be issued a warning. For a second or subsequent offense in a twenty-four-month period, the owner is subject to a municipal infraction. For a third offense in a twenty-four-month period, the owner is also subject to suspension or revocation of any occupancy permit for the residence or other private property.
The Public Services Director may schedule a show-cause hearing before the College Park Advisory Planning Commission as to why the City occupancy permit for the property should not be suspended for one or more years, or revoked, for three or more violations of the provisions of this article within any twenty-four-month period.