[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]
A.
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.
B.
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.
A.
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.
B.
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]
C.
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.
A.
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.
B.
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]
A.
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]
B.
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.
C.
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]
A.
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.
B.
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.
(1)
Without
resort to legal proceedings, a sign placed or maintained in violation
of this subsection may be removed and destroyed by City personnel.
(2)
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.
(4)
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; 10-25-2005 by Ord. No.
05-O-11; 6-12-2007 by Ord. No. 07-O-12; 1-26-2021 by Ord. No. 21-O-01]
A.
Whenever the Code Enforcement Officer determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this article 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:
(1)
Be in writing;
(2)
Include a statement of the reasons for issuance;
(3)
Allow a reasonable time for compliance; and
(4)
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.
(5)
The
notice required in this subsection need not be given prior to issuance
of a municipal infraction in cases involving an emergency occurrence,
or for a condition and/or activity prohibited due to a declared state
of emergency.
B.
Such notice may contain:
(1)
An outline of remedial action which, if taken, will effect compliance with the provisions of Article I and with the rules and regulations adopted pursuant thereto.
(2)
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 Article I 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.
[Adopted 9-24-2019 by Ord. No. 19-O-13]
In this article, the following terms shall have the meanings
indicated.
As defined in § 1-101 of the Alcoholic Beverages
Article of the Annotated Code of Maryland.
A drug or substance, the possession and use of which is regulated
under the State Controlled Dangerous Substances Act.[1] 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.
Any person who owns a property or has charge, care or control
of a property as a legal owner
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.
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.
A party, event, or assemblage of eight or more persons at
a residence or other private property where:
A.
Alcoholic beverages are being furnished to, consumed by, or in possession
of any underage person in violation of state law; or
B.
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:
(2)
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;
(3)
Use of an illegal controlled substance by any person at the gathering;
(4)
Obstruction of public streets or the presence of unruly crowds that
have spilled onto public streets;
(5)
Public drunkenness or unlawful consumption of alcohol or alcoholic
beverages;
(6)
Assaults, batteries, fights, or other disturbances of the peace;
(7)
Vandalism of public or private property;
(8)
Public urination or defecation;
(9)
Littering; or
(10)
Other conduct which constitutes a threat to the public safety,
quiet enjoyment of residential or other private property, or the general
welfare.
[1]
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.
B.
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.
C.
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.
D.
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.
