Article 23A hyperlinks

The inhabitants of every incorporated municipality in Maryland constitute and shall continue to be a body corporate, and under the corporate name shall have perpetual succession, may sue and be sued, and may pass and adopt all ordinances, resolutions or bylaws necessary or proper to exercise the powers granted herein or elsewhere. [An. Code, 1951, § 1; 1947, ch. 731, § 1.]

§ 1A. Defense of sovereign immunity in actions in contract.

(a) Defense not to be raised in certain actions.- Unless otherwise specifically provided by the laws of Maryland, a municipal corporation, and every officer, department, agency, board, commission, or other unit of municipal government may not raise the defense of sovereign immunity in the courts of this State in an action in contract based upon a written contract executed on behalf of the municipal corporation, or its department, agency, board, commission, or unit by an official or employee acting within the scope of his authority.

(b) No liability for punitive damages.- In any action in contract described under subsection (a) of this section, the municipal corporation, or its officer, department, agency, board, commission, or other unit of government shall have the immunity from liability described under § 5-507 (a) of the Courts and Judicial Proceedings Article.

(c) Limitation of actions.- A claim is barred unless the claimant files suit within one year from the date on which the claim arose or within one year after completion of the contract giving rise to the claim, whichever is later.

(d) Funds to be made available by governing body.- In order to provide for the implementation of this section, the governing body of every municipal corporation shall make available adequate funds for the satisfaction of any final judgment, after the exhaustion of any right of appeal, which has been rendered against the municipal corporation, or any officer, department, agency, board, commission, or other unit of government in an action in contract as provided in this section.

(e) Resolution of dispute in construction contract - Final binding determination by municipal officer.- Except as provided in subsections (f) and (g) of this section, a municipal corporation may not require in a construction contract, or otherwise provide with regard to a construction contract, to which it is a party, that a dispute between the parties involving $10,000 or more regarding the terms of the contract or performance under the contract, be subject to final binding or conclusive determination by an officer or official body of a municipal corporation.

(f) Same - Determination by neutral person or arbitration panel.- A municipal corporation may require or provide, with regard to a construction contract to which it is a party, that if there is a dispute regarding the terms of the contract or performance under the contract, the question or questions involved in the dispute shall be subject to a determination which is final and conclusive on all parties, made either by:

(1) A neutral person or entity selected by or in accordance with a procedure established by the highest executive authority of a municipal corporation, or

(2) In the event that the other party does not accept as neutral a person or entity selected under paragraph (1) of this subsection, by an arbitration panel composed of the following:

(i) One member designated by the highest executive authority of a municipal corporation;

(ii) One member designated by the other party to the dispute; and

(iii) One member to be selected by mutual agreement of the two designated members from lists to be submitted by the parties to the dispute.

(g) Same - Determination by municipal officer subject to court review.- Notwithstanding the provisions of subsections (e) and (f) of this section, a municipal corporation may provide or require, with regard to a construction contract to which it is a party, that a dispute between the parties involving $10,000 or more regarding the terms of the contract or performance under the contract, be subject to a determination of questions of fact by an officer or official body of a municipal corporation, provided that the decision of the officer or official body of a municipal corporation is subject to review on the record by a court of competent jurisdiction. [1976, ch. 450, § 2; 1984, ch. 539; 1990, ch. 546, § 1; 1997, ch. 14, § 20.]

§ 1B. Immunity of municipal officials.

Officials of a municipal corporation shall have the immunity from liability described under § 5-507 (b) of the Courts and Judicial Proceedings Article. [1979, ch. 645; 1990, ch. 546, § 1; 1997, ch. 14, § 20.]

§ 2. Enumeration of express powers.

(a) General authority.- The legislative body of every incorporated municipality in this State, except Baltimore City, by whatever name known, shall have general power to pass such ordinances not contrary to the Constitution of Maryland, public general law, or, except as provided in § 2B of this article, public local law as they may deem necessary in order to assure the good government of the municipality, to protect and preserve the municipality's rights, property, and privileges, to preserve peace and good order, to secure persons and property from danger and destruction, and to protect the health, comfort and convenience of the citizens of the municipality; but nothing in this article shall be construed to authorize the legislative body of any incorporated municipality to pass any ordinance which is inconsistent or in conflict with any ordinance, rule or regulation passed, ordained or adopted by the Maryland-National Capital Park and Planning Commission and the Washington Suburban Sanitary Commission, and nothing in this article shall be taken or construed to affect, change, modify, limit or restrict in any manner any of the corporate powers of the Mayor and City Council of Baltimore which it now has or which hereafter may be granted to it.

(b) Express powers.- In addition to, but not in substitution of, the powers which have been, or may hereafter be, granted to it, such legislative body also shall have the following express ordinance-making powers:

(1) To provide for municipal advertising, for the printing and publication of statements of the receipts and expenditures of the municipality, and the publication and codification of all laws, ordinances, resolutions, or regulations adopted by or affecting the municipality.

(2) To expend municipal funds for any purpose deemed to be public and to affect the safety, health, and general welfare of the municipality and its occupants, provided that funds not appropriated at the time of the annual levy, shall not be expended, nor shall any funds appropriated be expended for any purpose other than that for which appropriated, except by a two-thirds vote of all members elected to said legislative body.

(3) To provide for the appointment of an auditor or accountant to audit the books and accounts of all municipal officers collecting, handling, or disbursing funds belonging to the municipality.

(4) To establish, maintain and support a municipal band or musical organization.

(5) To make reasonable regulations concerning buildings and signs to be erected within the limits of the municipality, including a building code and the requirement for building permits.

(6) To regulate the interment of bodies and to control the location and establishment of cemeteries.

(7) To provide, maintain and operate such community and social services for the preservation and promotion of the health, recreation, welfare and enlightenment of the inhabitants of the municipality as the legislative body may determine.

(8) To change the corporate name of the municipality, provided that no such change shall affect any rights, duties or obligations held by the municipality, and provided further that such ordinance shall first be submitted to and approved by the qualified voters of the municipality at a regular or special municipal election.

(9) To prohibit the youth from being on the streets and public places at unreasonable hours of the night.

(10) To control the use and handling of dangerous and explosive materials, and to prevent the firing of any firearms or other explosive instrument.

(11) To have the general management and control of the finances of the municipality, and to designate by ordinance or resolution the banks or trust companies of this State in which shall be deposited all funds belonging to the municipality.

(12) To establish and maintain a fire department; and to provide for the removal of fire hazards.

(13) To grant franchises as provided under existing public general or public local laws; to grant one or more exclusive or nonexclusive franchises for a community antenna system or other cable television system that utilizes any public right-of-way, highway, street, road, lane, alley, or bridge, to impose franchise fees, and to establish rates, rules, and regulations for franchises granted under this section.

(14) To regulate or prevent the throwing or depositing of any dirt, garbage, trash, or liquids in any public place and to provide for the proper disposal of such material.

(15) To appoint a board of health, and to define and regulate its powers and duties; to establish quarantine regulations, and to authorize the removal or confinement of persons having infectious or contagious diseases; to prevent and remove nuisances; to prevent the introduction of contagious diseases into the municipality; to regulate the places of manufacturing soap, fertilizer, and other noxious things; to regulate slaughterhouses, packing houses, and all places where offensive trades may be carried on; to regulate places which cause or may cause unsanitary conditions, or conditions detrimental to health. Provided, that nothing herein shall be construed to affect in any manner any of the powers and duties of the Secretary of Health and Mental Hygiene or any county board of health or any public general or public local law relating to the subject of health.

(16) To authorize and require the inspection of gas pipes, water pipes, plumbing apparatus, electric lines and wires, and drainage and sewage systems on private property, and to compel repairs thereon.

(17) To provide that any valid charges, taxes or assessments made against any real property within the municipality shall be liens upon such property to be collected in the same manner as municipal taxes are collected.

(18) To establish and to regulate markets, and to license the sale of marketable commodities therein.

(19) To establish a merit system in connection with the appointment of all municipal officials and employees not elected or appointed under the Constitution or public general or public local laws of the State, and to request and avail themselves of the facilities of the Department of Budget and Management, as provided in § 4-303 of the State Personnel and Pensions Article, for the administration of such merit system without unnecessary expense.

(20) To establish and maintain such parks, gardens, playgrounds, and recreational facilities as in the discretion of the legislative body are deemed to be for the health and welfare of the municipality and its inhabitants.

(21) To provide a retirement or pension system or a group insurance plan for its officers or employees or for including its officers and employees in any retirement or pension system operated by or in conjunction with the State, on such terms and conditions as State laws may prescribe.

(22) To establish and maintain an adequate police force.

(23) To punish and suppress vagrancy, vice, gambling, and the owning or keeping of houses of ill fame within the limits of the town.

To enforce all ordinances relating to disorderly conduct and the suppression of nuisances equally within the limits of the municipality and beyond those limits for one half mile, or for so much of this distance as does not conflict with the powers of another municipal corporation.

(23A) The municipal corporation may provide for the creation, appointment, duties, and powers of a board of port wardens to exercise jurisdiction within the limits of the municipal corporation.

(i) A board of port wardens may regulate the placement, erection, or construction of structures or other barriers within or on the waters of the municipality, including but not limited to the issuing of licenses to create or build wharves or piers and the issuing of permits for mooring piles, floating wharves, buoys, or anchors, taking into account the present and proposed uses, and the effect of present and proposed uses on marine life, wildlife, conservation, water pollution, erosion, navigational hazards, the effect of the proposed use on congestion within the waters, the effect on other riparian property owners, and the present and projected needs for any proposed commercial or industrial use. The port wardens shall have the power to regulate the materials and construction for the aforesaid improvements and to make certain that any improvements in the waters within the municipality do not render the navigation too close and confined. This provision in no way intends to affect or conflict with any zoning power of a municipality.

(ii) No person may build any wharf or pier, or carry out any earth or other material for the purpose of building a wharf or pier, nor shall any persons place or erect mooring piles, floating wharves, buoys, or anchors without a license or permit from the port wardens. If any person violates the provisions of this section, or if any person builds any wharf or pier a greater distance into the waters of the port, or in a different form, or of different materials than determined and allowed by the wardens, he is subject to a fine as imposed by the legislative body of the municipal corporation.

(iii) In all differences that arise between any aggrieved party and the port wardens of that municipal corporation concerning the discharge of the duties of the port wardens, an appeal may be taken to the legislative body of the municipal corporation or, if authorized by the municipal corporation by ordinance, to the circuit court for the appropriate county.

(24) To acquire by conveyance, purchase or condemnation real or leasehold property needed for any public purpose; to erect buildings thereon for the benefit of the municipality; and to sell at public or private sale after twenty days' public notice and to convey to the purchaser or purchasers thereof any real or leasehold property belonging to the municipality when such legislative body determines that the same is no longer needed for any public use.

To take by gift, grant, bequest, or devise and to hold real and personal property absolutely or in trust for parks or gardens, or for the erection of statues, monuments, buildings or structures, or for any public use, upon such terms and conditions as may be prescribed by the grantor or donor, and accepted by the municipality; to provide for the proper administration of the same; and to convey the same when such legislative body determines that it is no longer needed for public purposes, subject to the terms and conditions of the original grant.

(24A) To provide for the purchase of materials, supplies, and equipment through the Purchasing Bureau of the State Department of General Services whenever desirable.

(25) To remove or temporarily suspend from office any person who has been appointed to any municipal office and who after due notice and hearing is adjudged to have been guilty of inefficiency, malfeasance, misfeasance, nonfeasance, misconduct in office, or insubordination; and to fill the vacancy caused by such removal or suspension.

(26) To fix the salary or compensation of all municipal officers and employees.

(27) To make, have and use, and from time to time, alter, a common seal.

(28) To require the owners of premises to keep the sidewalks thereon clean and free from snow, ice, or other obstructions.

(29) To provide for special elections for municipal purposes, at such times and places as may be determined, and subject to the provisions of the charter of said municipality.

(30) To provide reasonable zoning regulations subject to the referendum of the voters at regular or special elections.

(31) To make use of federal or State financial assistance for commercial or industrial redevelopment projects, for the purpose of making grants, loans, or guaranteeing loans to private entities; provided, that the authority granted by this subsection may be used only for commercial or industrial redevelopment projects and may not be used for residential or housing projects.

(32) To exercise the licensing authority granted in the Business Regulation Article and other provisions of law.

(33) Subject to the limitations imposed under Article 24 of the Code, the Tax - General Article, and the Tax - Property Article, to establish and collect reasonable fees and charges:

(i) For the franchises, licenses, or permits authorized by law to be granted by a municipal corporation; or

(ii) Associated with the exercise of any governmental or proprietary function authorized by law to be exercised by a municipal corporation.

(34) To offer and pay rewards for information relating to criminal activity committed within the municipality.

(35) (i) In accordance with the provisions of this paragraph, to establish a commercial district management authority for any commercial district within its geographical limits. As to each authority it establishes, the legislative body shall:

1. Specify the membership, organization, jurisdiction, and geographical limits of the authority;

2. Specify one or more of the following as the purposes of the authority:

A. Promotion;

B. Marketing; and

C. The provision of security, maintenance, or amenities within the district; and

3. Provide such financing as it deems appropriate for the authority through fees which may be charged to, or taxes which may be levied against, businesses subject to the authority's jurisdiction.

(ii) An authority established pursuant to this paragraph may not:

1. Exercise the power of eminent domain;

2. Purchase, sell, construct, or, as a landlord, lease office or retail space; or

3. Except as otherwise authorized by law, otherwise engage in competition with the private sector.

(iii) Any fees or taxes imposed under this paragraph shall be used only for the purposes stated in this paragraph and may not revert to the general fund of the municipal corporation.

(36) (i) It has been and shall continue to be the policy of this State that the orderly development and use of land and structures requires comprehensive regulation through implementation of planning and zoning controls.

(ii) It has been and shall continue to be the policy of this State that planning and zoning controls shall be implemented by local government.

(iii) To achieve the public purposes of this regulatory scheme, the General Assembly recognizes that local government action will displace or limit economic competition by owners and users of property.

(iv) It is the policy of the General Assembly and of this State that competition and enterprise shall be so displaced or limited for the attainment of the purposes of the State policy for implementing planning and zoning controls as set forth in this article and elsewhere in the public local and public general law.

(v) The powers granted to the municipality pursuant to this subsection shall not be construed:

1. To grant to the municipality powers in any substantive area not otherwise granted to the municipality by other public general or public local law;

2. To restrict the municipality from exercising any power granted to the municipality by other public general or public local law or otherwise;

3. To authorize the municipality or its officers to engage in any activity which is beyond their power under other public general law, public local law, or otherwise; or

4. To preempt or supersede the regulatory authority of any State department or agency under any public general law.

(37) (i) In addition to the authority provided elsewhere in this subsection, and provided the municipal corporation has urban renewal authority granted under Article III, Section 61 of the Maryland Constitution:

1. Subject to the provisions of subparagraph (iv) of this paragraph, to acquire, within the boundary lines of the municipal corporation, land and property of every kind, and any right, interest, franchise, easement or privilege therein, by purchase, lease, gift, condemnation or any other legal means, for development or redevelopment, including, but not limited to, the comprehensive renovation or rehabilitation thereof; and

2. To sell, lease, convey, transfer or otherwise dispose of any of said land or property, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi-public corporation, partnership, association, person or other legal entity.

(ii) No land or property taken by a municipal corporation for any of the aforementioned purposes or in connection with the exercise of any of the powers which may be granted to a municipal corporation pursuant to this paragraph by exercising the power of eminent domain, shall be taken without just compensation, as agreed upon between the parties, or awarded by a jury, being first paid or tendered to the party entitled to such compensation.

(iii) All land or property needed, or taken by the exercise of the power of eminent domain, by any municipal corporation for any of the aforementioned purposes or in connection with the exercise of any of the powers which may be granted to a municipal corporation pursuant to this paragraph is hereby declared to be needed or taken for a public use or a public benefit.

(iv) Before the acquisition of any single family or multiple family dwelling unit, or other structure, is made under this paragraph, a finding or determination shall be made that:

1. The dwelling unit or structure has deteriorated to such extent as to constitute a serious and growing menace to the public health, safety, and welfare;

2. The dwelling unit or structure is likely to continue to deteriorate unless corrected;

3. The continued deterioration of the dwelling unit or structure will contribute to the blighting or deterioration of the area immediately surrounding the dwelling unit or structure; and

4. The owner of the dwelling unit or structure has failed to correct the deterioration thereof.

(v) The legislative body of a municipal corporation shall adopt an ordinance for each acquisition of land or property made under the provisions of this paragraph.

[An. Code, 1951, § 2; 1947, ch. 731, § 2; 1972, ch. 259, § 2; 1974, ch. 835; 1978, ch. 737; 1979, ch. 458; 1980, ch. 429; 1981, chs. 565, 684; 1982, ch. 562, § 4; ch. 770, § 4; 1983, chs. 10, 395, 398; 1984, chs. 255, 752; 1985, ch. 10, § 1; ch. 480, § 1; 1988, ch. 110, § 1; 1989, ch. 701; 1992, ch. 26, § 2; 1993, ch. 22, § 1; 1995, ch. 3, § 1; ch. 519; 1996, ch. 347, § 15; ch. 349, § 13; 2004, ch. 282.]

§ 2A. Power to displace or limit competition.

(a) Public transportation.-

(1) It has been and shall continue to be the policy of the State to authorize each municipal corporation to displace or limit competition in the area of public transportation in order to provide for adequate, economical and efficient delivery of transportation services; to protect its citizens from inconsistent and excessive prices; to provide necessary and desired services in all areas of the municipality; to enable the municipality to provide public transportation in order to conserve energy and reduce air pollution, congestion, traffic hazards and accidents; to encourage the use of public transportation by the contribution by the municipality of capital and operating funds to enable transportation to be provided at the lowest cost to all citizens, especially the indigent; and to promote the general welfare by conducting a comprehensive transportation system.

(2) Each municipal corporation has the authority to grant one or more franchises for a transportation system on an exclusive or nonexclusive basis, to impose franchise fees, to establish certain rates and to establish rules, regulations and licensing requirements to govern the operation of the franchises and to provide for the enforcement of any such measure; to conduct a public transportation system on an exclusive basis, including the establishment of rules, regulations, and rates, notwithstanding any anticompetitive effect.

(b) Water and sewer systems.-

(1) It has been and shall continue to be the policy of the State to authorize each municipal corporation to displace or limit competition in the area of water and sewerage systems in order to assure delivery of adequate, economical, and efficient services to its citizens, to avoid duplication of facilities, to provide for the health and safety of its citizens, to control disease, to prevent blight and other environmental degradation, to utilize efficiently the public right-of-way; to protect limited natural resources for the benefit of the citizens of the municipality; and to promote the general health and welfare by providing for adequate water and sewerage systems.

(2) (i) Each municipal corporation has the authority to grant one or more franchises or enter into contracts for water and sewerage systems on an exclusive or nonexclusive basis to any person, to impose franchise fees, to establish certain rates and charges, and to establish rules, regulations, and licensing requirements, and to provide for the enforcement of any such measure notwithstanding any anticompetitive effect.

(ii) In the event that any municipal corporation has the enabling authority granted by any other law to operate water and sewerage systems, such systems shall be operated by the municipality without regard to any anticompetitive effect.

(3) It has been and shall continue to be the policy of the State that each municipal corporation is directed and authorized to exercise all powers regarding waste collection and disposal notwithstanding any anticompetitive effect. This subsection does not apply to any portion of a generator's waste which is directed by the generator to a specific facility for reuse, reclamation or recycling, or for disposal on its own property.

(1) It has been and shall continue to be the policy of the State to authorize each municipal corporation to displace or limit competition in the area of port regulation undertaken by a board of port wardens pursuant to § 2 (b) (23A) (i) of this article, to provide for safe harbors, free of congestion and navigational hazards, to provide benefits to municipal citizens by protecting marine life and wildlife, and to avoid water pollution and erosion.

(2) Each municipal corporation has the authority to grant one or more franchises or enter into contracts for the placement, erection or construction of structures within or on the waters of the municipality, including but not limited to the issuing of licenses for wharves or piers, or the issuing of permits for mooring piles, floating wharves, buoys or anchors notwithstanding any anticompetitive effect.

(d) Publicly-owned or leased land.-

(1) It has been and shall continue to be the policy of the State to authorize each municipal corporation to displace or limit competition in the award of concessions on, over or under property owned, or leased, by the municipality and in the leasing or subleasing of property owned or leased by the municipality in order to utilize properly the assets of the municipality for the best public purpose; to provide necessary or desirable governmental services at the lowest possible cost; to protect the public from unscrupulous business practices and excessive prices; to provide for the accessibility to public property by as many citizens as possible; and to promote the general welfare by utilizing public property for the benefit of the citizens of the community.

(2) Each municipal corporation shall have the authority to displace or limit competition by granting one or more franchises for any concession on, over or under property owned or leased by the municipality on an exclusive or nonexclusive basis, to control prices and rates for such franchises; to establish rules and regulations to govern the operation of the franchises, to provide for the enforcement of any such measure; and to lease or sublease publicly owned or leased land, improvements to land, or both on terms to be determined by the municipality without regard to any anticompetitive effect.

(e) Construction of grant of powers.- The powers granted to any municipal corporation pursuant to this section shall not be construed:

(1) To grant to such municipality powers in any substantive area not otherwise granted to such municipality by other public general or public local law;

(2) To restrict such municipality from exercising any power granted to such municipality by other public general or public local law or otherwise;

(3) To authorize such municipality or its officers to engage in any activity which is beyond their power under other public general law, public local law, or otherwise; or

(4) To preempt or supersede the regulatory authority of any State department or agency under any public general law.

[1983, ch. 397; 1984, ch. 255; 1995, ch. 3, § 1.]

§ 2B. Application of county legislation to municipalities.

(a) County legislation made inapplicable in municipality.- Except as provided in subsection (b) of this section, legislation enacted by a county does not apply in a municipality located in such county if the legislation:

(1) By its terms exempts the municipality;

(2) Conflicts with legislation of the municipality enacted under a grant of legislative authority provided either by public general law or its charter; or

(3) Relates to a subject with respect to which the municipality has a grant of legislative authority provided either by public general law or its charter and the municipality, by ordinance or charter amendment having prospective or retrospective applicability, or both:

(i) Specifically exempts itself from such county legislation; or

(ii) Generally exempts itself from all county legislation covered by such grants of authority to the municipality.

(b) Categories of county legislation applicable in municipalities.- Notwithstanding the provisions of subsection (a)(2) and (3) of this section, the following categories of county legislation, if otherwise within the scope of legislative powers granted the county by the General Assembly, shall nevertheless apply within all municipalities in the county:

(1) County legislation where a law enacted by the General Assembly so provides;

(2) County revenue or tax legislation, subject to the provisions of Article 24 of the Code, the Tax - General Article, and the Tax - Property Article, or legislation adopting a county budget; and

(3) County legislation which is enacted in accordance with requirements otherwise applicable in such county to legislation that is to become effective immediately and which also meets the following requirements:

(i) The legislative body of the county makes a specific finding based on evidence of record after a hearing held in accordance with the requirements of subparagraph (ii) hereof that there will be a significant adverse impact on the public health, safety, or welfare affecting residents of the county in unincorporated areas if such county legislation does not apply in all municipalities located in such county;

(ii) The legislative body of the county conducts a public hearing at which all municipalities in the county and interested persons shall be given an opportunity to be heard, notice of which is given by the mailing of certified mail notice to each municipality in the county not less than 30 days prior to the hearing and by publication in a newspaper of general circulation in the county for 3 successive weeks, the first publication to be not less than 30 days prior to the hearing; and

(iii) The county legislation is enacted by the affirmative vote of not less than two-thirds of the authorized membership of the county legislative body.

(4) County legislation which is enacted in accordance with the procedures set forth in paragraph (3) of this subsection shall be subject to judicial review of the finding made under paragraph (3)(i) of this subsection and of the resultant applicability of such legislation to municipalities in the county by the circuit court of the county in accordance with the provisions of the Maryland Rules governing appeals from administrative agencies. Any appeal shall be filed within 30 days of the effective date of such county legislation. In any judicial proceeding commenced under the provisions of this paragraph, the sole issues are whether the county legislative body (1) complied with the procedures of paragraph (3) of this subsection, and (2) had before it sufficient evidence from which a reasonable person could conclude that there will be a significant adverse impact on the public health, safety, or welfare affecting residents of the county in unincorporated areas if such county legislation does not apply in all municipalities located in the county. The issues shall be decided by the court without a jury. In the event that the court reverses such finding, the legislation shall continue to apply in unincorporated areas of the county and the applicability of such county legislation in municipalities shall be governed by the provisions of subsection (a) of this section. The decision of the circuit court in any such proceeding shall be subject to further appeal to the Court of Special Appeals by the county or any municipality in the county.

(c) Municipal legislation making county legislation inapplicable.- Notwithstanding the provisions of subsection (b)(3) of this section, county legislation enacted in accordance with the procedures and requirements thereof shall nevertheless be or become inapplicable in any municipality which has enacted or enacts municipal legislation that:

(1) Covers the same subject matter and furthers the same policies as the county legislation;

(2) Is at least as restrictive as the county legislation; and

(3) Includes provisions for enforcement.

(d) Administration or enforcement of municipal legislation.- Any municipality may, by ordinance, request and authorize the county within which it is located to administer or enforce any municipal legislation. Upon the enactment of such an ordinance, such county may administer or enforce such municipal legislation on such terms and conditions as may mutually be agreed.

(e) Definitions.- As used in this section:

(1) "County" means any county, regardless of the form of county government, including charter home rule, code home rule, and county commissioners; and

(2) "Legislation" means any form of county or municipal legislative enactment, including a law, ordinance, resolution and any action by which a county budget is adopted.

[1983, ch. 398; 1985, ch. 480, § 1; 1988, ch. 110, § 1; 1989, ch. 5, § 1; 1998, ch. 21, § 1; 1999, ch. 34, § 1; 2001, ch. 29, § 1.]

§ 2C. Other provisions amended and modified.

The other provisions of this article and the provisions of Articles 25, 25A, and 25B of the Code are intended to be and shall be deemed amended and modified as provided in § 2B. [1983, ch. 398; 1984, ch. 255; 2001, ch. 29, § 6.]

§ 3. Violations of ordinances and resolutions.

(a) Penalty.- The legislative body of any municipality shall have power to provide that violations of ordinances and resolutions authorized by this article shall be punishable as misdemeanors, but no penalty shall exceed a fine of $1,000 and imprisonment for 6 months. Imprisonment in default of fine and costs shall be regulated by the provisions of §§ 7-504 and 7-505 of the Courts Article.

(b) Municipal infractions.-

(1) The legislative body of a municipality may provide that violations of any municipal ordinance shall be a "municipal infraction" unless the violation is declared to be a felony or a misdemeanor by State law. In addition, the legislative body of a municipality may classify as a "municipal infraction": (i) a violation of any zoning or land use ordinance or regulation authorized to be adopted or enacted by that municipality; and (ii) littering within the municipality as prohibited under § 10-110 of the Criminal Law Article. For purposes of this article a municipal infraction is a civil offense.

(2) A fine not to exceed $1,000 may be imposed for each municipal infraction. The fine is payable to the municipality by the person charged in the citation within 20 calendar days of service of the citation.

(3) (i) Those officials authorized by the legislative body of the municipality to act as enforcement officers may serve a citation on any person:

1. Whom they believe is committing or has committed a municipal infraction; or

2. On the basis of an affidavit submitted to an appropriate official of the municipality, to be named by the municipality, citing the facts of the alleged infraction.

(ii) The citation shall be served on the defendant:

1. In accordance with Maryland Rule 3-121; or

2. For real property-related violations, if proof is made by affidavit that good faith efforts to serve the defendant under Maryland Rule 3-121 (a) have not succeeded, by:

A. Regular mail to the defendant's last known address; and

B. Posting of the citation at the property where the infraction has occurred or is occurring, and, if located within the municipality in which the infraction has occurred or is occurring, at the residence or place of business of the defendant.

(iii) The citation shall contain:

1. The enforcement officer's certification:

A. Attesting to the truth of the matter set forth in the citation; or

B. That the citation is based on an affidavit;

2. The name and address of the person charged;

3. The nature of the infraction;

4. The location and time that the infraction occurred;

5. The amount of the infraction fine assessed;

6. The manner, location, and time in which the fine may be paid to the municipality;

7. The person's right to elect to stand trial for the infraction; and

8. The effect of failing to pay the assessed fine or demand a trial within the prescribed time.

(iv) The enforcement officer shall retain a copy of the citation.

(4) (i) If a citation is served without a summons as provided in paragraph (6) of this subsection, the person charged in the citation may elect to stand trial for the infraction by notifying the municipality in writing of the person's intent to stand trial. The written notice shall be given at least 5 days prior to the date of payment as set forth in the citation.

(ii) Upon receipt of the written notice of the intent to stand trial, the municipality shall forward to the District Court having venue a copy of the citation and the written notice.

(iii) Upon receipt of the citation and the written notice, the District Court shall schedule the case for trial and notify the defendant of the trial date.

(5) (i) If a person charged in a citation fails to pay the fine by the date of payment set forth on the citation and fails to deliver to the municipality the written notice of intent to stand trial, the person is liable for the assessed fine.

(ii) The municipality may double the fine to an amount not to exceed $1,000 and request adjudication of the case through the District Court, including the filing of a demand for judgment on affidavit.

(iii) The District Court shall promptly schedule the case for trial and summons the defendant to appear.

(iv) The defendant's failure to respond to such summons shall result in the entry of judgment against the defendant in favor of the municipality in the amount then due if a proper demand for judgment on affidavit has been made.

(6) (i) 1. An enforcement officer may also serve a summons with a citation that requires the person to appear in District Court on a specified date and time.

2. The summons shall specify that the person is not required to appear in District Court if the fine is paid as provided in the citation.

3. If approved by the Chief Judge of the Maryland District Court, the citation form may contain the summons.

4. The enforcement officer shall coordinate the selection of court dates with the appropriate District Court officials.

(ii) If the defendant fails to pay the fine as provided in the citation and fails to appear in District Court as provided in the summons:

1. The municipality may double the fine to an amount not to exceed $1,000; and

2. The Court may enter judgment against the defendant in the amount then due if the proper demand for judgment on affidavit has been made.

(7) If any person shall be found by the District Court to have committed a municipal infraction:

(i) 1. The District Court shall order the person to pay the fine, including any doubling of the fine, not to exceed the limits under paragraph (2) of this subsection;

2. The fines imposed shall constitute a judgment in favor of the municipality; and

3. If the fine remains unpaid for 30 days following the date of its entry, the judgment shall be enforceable in the same manner and to the same extent as other civil judgments for money unless the Court has suspended or deferred the payment of the fine as provided under subparagraph (ii) of this paragraph;

(ii) The District Court may suspend or defer the payment of any fine under conditions that the Court sets;

(iii) The person shall be liable for the costs of the proceedings in the District Court; and

(iv) The Court may order the person to abate the infraction or enter an order permitting a municipality to abate any such infraction at the person's expense.

(8) (i) If a municipality abates an infraction pursuant to an order of the District Court, the municipality shall present the defendant with a bill for the cost of abatement by:

1. Regular mail to the defendant's last known address; or

2. Any other means that are reasonably calculated to bring the bill to the defendant's attention.

(ii) If the defendant does not pay the bill within 30 days after presentment, upon a motion of the municipality, the District Court shall enter a judgment against the defendant for the cost of the abatement.

(9) All fines, penalties, or forfeitures collected by the District Court for a municipal infraction shall be remitted to the municipality in which the infraction occurred.

(10) If a defendant fails to pay any fine or cost imposed by the District Court without good cause, the District Court may punish the failure as contempt of court.

(11) Adjudication of a municipal infraction, as defined in paragraph (1) of this subsection, is not a criminal conviction for any purpose, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.

(12) In any proceeding for a municipal infraction:

(i) It shall be the burden of the municipality to prove that the defendant has committed the infraction by clear and convincing evidence, and in any such proceeding, the District Court shall apply the evidentiary standards as prescribed by law or rule for the trial of civil causes;

(ii) The District Court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

(iii) The defendant shall be entitled to cross-examine all witnesses who appear against the defendant, to produce evidence or witnesses in the defendant's own behalf, or to testify in the defendant's own behalf, if the defendant elects to do so;

(iv) The defendant shall be entitled to be represented by counsel of the defendant's own selection and at the defendant's own expense; and

(v) The defendant may enter a plea of guilty or not guilty of the infraction as charged, and the verdict of the District Court shall be guilty of a municipal infraction or not guilty of a municipal infraction, or the District Court may, before rendering judgment, place the defendant on probation.

(13) The court costs in a municipal infraction proceeding in which costs are imposed are $5. A defendant may not be liable for payment to the Criminal Injuries Compensation Fund.

(14) The State's Attorney of any county is authorized to prosecute a municipal infraction and is authorized to enter a nolle prosequi in such cases or to place such cases on the stet docket.

(15) Notwithstanding the provisions of paragraph (14) of this subsection, a municipality may designate an attorney to prosecute any municipal infraction in the same manner as the State's Attorney of any county.

[An. Code, 1951, § 3; 1947, ch. 731, § 3; 1972, ch. 181, § 19; 1978, ch. 735; 1979, chs. 141, 267; 1981, chs. 544, 639; 1984, ch. 336; 1986, ch. 804; 1988, ch. 6, § 1; 1990, ch. 467; 1991, ch. 55, § 1; ch. 494; 1993, ch. 271; 1994, ch. 3, § 1; 1997, ch. 478; 1998, ch. 21, § 1; 1999, ch. 558; 2000, ch. 61, § 1; 2002, ch. 213, § 6; 2003, ch. 21, § 1; 2004, ch. 26, § 5.]

§ 4. Regulation of junkyards, dumps and other facilities.

(a) Authorization to adopt ordinance.- The legislative body of a municipal corporation may adopt an ordinance for the licensing, control, location, or maintenance within its jurisdiction of:

(1) Junkyards;

(2) Public or private dumps;

(3) Automobile junkyards;

(4) Automotive dismantler and recycler facilities;

(5) Scrap metal processing facilities;

(6) Outdoor places where old motor vehicles are stored in quantity or dismantled; and

(7) Lots on which refuse, trash, or junk is deposited.

(b) Purpose of ordinance.- An ordinance adopted under this section shall be designed to:

(1) Protect the residents of the municipal corporation from unpleasant and unwholesome conditions and deteriorating neighborhoods;

(2) Preserve the beauty and esthetic value of rural or residential areas;

(3) Safeguard the public health and welfare;

(4) Promote good civic design; and

(5) Promote the health, safety, morals, order, convenience, and prosperity of the community.

(c) Scope of ordinance.- An ordinance adopted under this section may prohibit the operation or maintenance of a junkyard, dump, or other facility within the limits of the municipal corporation until an annual license has been obtained from the legislative body of the municipal corporation, at a reasonable fee specified in the ordinance.

(d) Public hearing and notice.-

(1) (i) Before the legislative body of a municipal corporation adopts an ordinance under this section, the legislative body shall give notice of a public hearing on the proposed ordinance by publishing notice in a newspaper of general circulation in the municipal corporation not less than four times, at weekly intervals within a period of at least 30 days before the date of the hearing.

(ii) The notice shall specify the date, time, and place at which the legislative body will conduct the public hearing on the ordinance.

(2) The ordinance is not valid unless the public hearing actually is held as specified in the notice.

(e) Penalty.-

(1) A person who violates an ordinance adopted under this section, including the maintenance or operation of a junkyard, dump, or other facility without a license, is guilty of a misdemeanor, and on conviction, is subject to a fine of at least $25.

(2) Each day on which a violation continues is a separate offense.

(f) Municipal infraction.- The legislative body of a municipal corporation may declare a violation of an ordinance adopted under this section to be a municipal infraction that shall be enforced in accordance with the provisions of § 3(b) of this article.

(g) Construction of ordinance.- If the legislative body of a municipal corporation adopts an ordinance under this section, the provisions of the ordinance may not be construed to apply to any business licensed on or before June 30, 2004 as an automotive dismantler and recycler or a scrap processor under § 15-502 of the Transportation Article.

[2004, ch. 521.]

§ 4A. Regulation of nudity and sexual displays.

(a) In general.- The legislative body of each municipal corporation may adopt an ordinance for the licensing, control, location, or maintenance within its jurisdiction of a business establishment that allows on its premises any activity involving nudity and sexual displays listed in Article 2B, § 10-405(c) through (f) of the Code.

(b) Violations; penalties.-

(1) A person who violates an ordinance adopted under this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months and a fine of not less than $500.

(2) Each day on which a violation continues is a separate offense.

[2005, ch. 374.]

§ 5. Severability.

If any provision of this article, or the applicability thereof to any person or circumstances, is held invalid, the remainder of this article and the applicability thereof to other persons and circumstances shall not be affected thereby. [An. Code, 1951, § 5; 1947, ch. 731, § 3.]

§ 6. Fire prevention codes; plan reviews and inspections.

Repealed by Acts 2003, ch. 5, § 1, effective October 1, 2003.

§ 7. Conservation areas.

The legislative body of every incorporated municipality in this State by whatsoever name known, and the governing authorities of the several counties, within those areas of the respective counties which lie without the boundaries of any such incorporated municipality therein, shall have power to establish conservation areas within said municipality and to define the boundaries thereof and to vest, for a period not exceeding five years, exclusive jurisdiction or authority to enforce, within any conservation area, such laws, ordinances, codes, rules and regulations, or portions or parts thereof, as the legislative body of said municipality may deem expedient in any suitable board, commission, department, bureau or agency of such municipality, which it is hereby empowered to create and establish for such purposes; provided that nothing contained in this section shall authorize any such board, commission, department, bureau or agency to conflict, impede, obstruct, hinder or interfere with the powers of the police commissioner, police department or police force of such municipality.

For the purposes of this section the term "conservation area" shall mean any area within a municipality which the legislative body thereof shall find to be so affected by blight and community or property deterioration as to require comprehensive renovation and rehabilitation. Provided that, the provisions of this section shall not apply to Baltimore City. Nothing in this section shall be construed to apply to or affect Anne Arundel, Calvert, Howard, Kent, Wicomico, Worcester and Somerset counties. [1953, ch. 438.]