reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 5 - Merger of Municipalities › Section 4-509 - Planning and Zoning

(a)    Unless the zoning classification is amended under the procedures required by the county, for 5 years after the effective date of the unified charter, the land of a merging municipality that does not have planning and zoning powers may not be placed in a zoning classification that allows a land use substantially different from the use allowed by the master plan or plan of the county or agency that has planning and zoning jurisdiction over the land before the merger.
(b)    This subtitle does not grant planning and zoning powers to a unified municipality if none of the merging municipalities has planning and zoning powers.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 1 - In General › Section 5-102 - Collection of Development Impact Fees

(a)    This section does not affect any agreement existing before October 1, 1997, between a county and a municipality concerning the imposition of development impact fees.
(b)    If a county imposes a development impact fee on new residential construction to finance the costs of school construction, a municipality shall assist the county by:
(1)    collecting and remitting the fee for new residential construction in the municipality to the county; or
(2)    requiring the fee to be paid to the county in accordance with the county development impact fee law or ordinance.
(c)    The application of any impact fee paid under subsection (b) of this section shall have a rational nexus to the project for which the fee is assessed.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 1 - In General › Section 5-103 - Junkyards

(a)    In this section, “junkyard” means:
(1)    a public or private dump;
(2)    an automobile junkyard;
(3)    an automotive dismantler or recycler facility;
(4)    a scrap metal processing facility;
(5)    an outdoor place where old motor vehicles are stored in quantity or dismantled; or
(6)    a lot on which refuse, trash, or junk is deposited.
(b)    An ordinance adopted under this section does not apply to a 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.
(c)    By ordinance, the legislative body of a municipality may regulate the location and operation of junkyards in the municipality to:
(1)    protect the residents of the municipality from unpleasant and unwholesome conditions and deteriorating neighborhoods;
(2)    preserve the beauty and aesthetic 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.
(d)    The ordinance may:
(1)    require that each person who operates or maintains a junkyard obtain an annual license; and
(2)    provide for a reasonable fee for a license.
(e)    (1)    Before adopting an ordinance under subsection (c) of this section, the legislative body of the municipality shall hold a public hearing.
(2)    An ordinance adopted in violation of this subsection is void.
(f)    The legislative body of the municipality shall publish notice of the date, time, and place of the public hearing in a newspaper of general circulation in the municipality not less than four times, at weekly intervals, within a period of at least 30 days before the date of the hearing.
(g)    (1)    A person who violates an ordinance adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $25.
(2)    Each day that a violation continues is a separate offense.
(h)    The legislative body of the municipality may declare a violation of an ordinance adopted under this section to be a municipal infraction under Title 6, Subtitle 1 of this article.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 1 - In General › Section 5-105 - Regulation of Nudity and Sexual Displays

(a)    The legislative body of a municipality may adopt an ordinance regulating the licensing, location, and operation in the municipality of a business establishment that allows on its premises any activity involving nudity and sexual displays listed under § 4–605 of the Alcoholic Beverages Article.
(b)    (1)    A person who violates an ordinance adopted under subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine of not less than $500 or both.
(2)    Each day that a violation continues is a separate offense.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 1 - In General › Section 5-106 - Conservation Areas

(a)    In this section, “conservation area” means an area in a municipality that the legislative body of the municipality finds to be so affected by blight and community or property deterioration as to require comprehensive renovation and rehabilitation.
(b)    This section does not apply to or affect:
(1)    Anne Arundel County;
(2)    Calvert County;
(3)    Howard County;
(4)    Kent County;
(5)    Somerset County;
(6)    Wicomico County; or
(7)    Worcester County.
(c)    The legislative body of a municipality may:
(1)    establish and define the boundaries of a conservation area in the municipality; and
(2)    establish and vest in any unit of the municipality, for a period not exceeding 5 years, exclusive jurisdiction or authority to enforce in the conservation area the laws, ordinances, codes, rules, and regulations the legislative body of the municipality considers expedient.
(d)    This section does not authorize a unit of the municipality established under subsection (c) of this section to interfere with the powers of a law enforcement authority in a municipality.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-202 - General Authority of Municipalities

The legislative body of a municipality may adopt ordinances to:
(1)    assure the good government of the municipality;
(2)    protect and preserve the municipality’s rights, property, and privileges;
(3)    preserve peace and good order;
(4)    secure persons and property from danger and destruction; and
(5)    protect the health, comfort, and convenience of the residents of the municipality.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-203 - Grant of Express Powers

(a)    In addition to, but not in substitution of, the powers that have been or may be granted to it, the legislative body of a municipality may exercise the express powers provided in this subtitle by adopting ordinances.
(b)    Except as provided in Article XI–E of the Maryland Constitution, an ordinance adopted by the legislative body of a municipality may not conflict with State law.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-204 - Legislative Authority -- General Powers of Municipalities

(a)    (1)    A municipality may change its corporate name.
(2)    Before an ordinance under this subsection takes effect, a municipality shall submit the ordinance to the qualified voters of the municipality for their approval at a regular or special municipal election.
(3)    A change of name may not affect any right, duty, or obligation of the municipality.
(b)    A municipality may have a seal.
(c)    A municipality may:
(1)    acquire by conveyance, purchase, or condemnation any real or leasehold property needed for a public purpose;
(2)    construct buildings on municipal property for the benefit of the municipality; and
(3)    sell, at public or private sale after 20 days’ public notice, and convey to the purchaser any real or leasehold property belonging to the municipality if the legislative body of the municipality determines that the property is no longer needed for public use.
(d)    (1)    A municipality may grant franchises in accordance with public general law or public local law.
(2)    A municipality may grant a franchise for a cable television system as provided in § 1–708 of this article.
(3)    For any franchise granted under this subsection, a municipality may:
(i)    impose franchise fees; and
(ii)    adopt rates, rules, and regulations.
(e)    A municipality may exercise the licensing authority granted by law.
(f)    A municipality may:
(1)    establish and regulate markets in the municipality; and
(2)    license the sale of merchandise in the markets.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-205 - Legislative Authority -- General Operations of Municipalities

(a)    (1)    A municipality may provide for the control and management of its finances.
(2)    The municipality may:
(i)    designate the banks or trust companies of the State in which the municipality shall deposit all money belonging to the municipality; and
(ii)    provide for the appointment of an auditor or accountant to audit the books and accounts of municipal officers collecting, handling, or disbursing money belonging to the municipality.
(b)    (1)    A municipality may spend money for any public purpose and to affect the safety, health, and general welfare of the municipality and its occupants.
(2)    Except as provided in paragraph (4) of this subsection, a municipality may not spend money under paragraph (1) of this subsection if the money was not appropriated at the time of the annual levy.
(3)    Except as provided in paragraph (4) of this subsection, a municipality may spend money only for the purpose for which the money was appropriated.
(4)    A municipality may spend money for a purpose different from the purpose for which the money was appropriated or spend money not appropriated at the time of the annual levy if approved by a two–thirds vote of all the individuals elected to the legislative body.
(c)    A municipality may provide for:
(1)    the purchase of materials, supplies, and equipment through the Department of General Services;
(2)    municipal advertising;
(3)    printing and publishing statements of its receipts and expenditures; and
(4)    codifying and publishing laws, ordinances, resolutions, and regulations.
(d)    (1)    Except as otherwise provided under this article, the Tax – General Article, and the Tax – Property Article, a municipality may establish and collect reasonable fees and charges:
(i)    for franchises, licenses, or permits granted by the municipality; or
(ii)    associated with the exercise of a governmental or proprietary function exercised by a municipality.
(2)    A municipality may provide that any valid charge, tax, or assessment made against real property in the municipality is a lien on the property to be collected in the same manner as municipal taxes.
(e)    A municipality may enter into an agreement with other municipalities for purposes including:
(1)    the joint administration of the municipalities;
(2)    the cooperative procurement of goods and services, including construction services;
(3)    the provision of municipal services; and
(4)    the joint funding and management of any project that is centrally located to the municipalities.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-206 - Legislative Authority -- Officers and Employees

(a)    (1)    A municipality may establish a merit system in connection with the appointment of any municipal official or employee not elected or appointed under the Maryland Constitution, public general law, or public local law.
(2)    In accordance with § 4–303 of the State Personnel and Pensions Article, a municipality may request and use the facilities of the Department of Budget and Management in the administration of a merit system established under paragraph (1) of this subsection.
(b)    A municipality may set the compensation of municipal officers and employees.
(c)    A municipality may provide for:
(1)    a retirement or pension system or a group insurance plan for its officers and employees; or
(2)    including its officers and employees in any retirement or pension system operated by or in conjunction with the State, on the terms and conditions set forth in State law.
(d)    (1)    Subject to paragraph (2) of this subsection, a municipality may provide for the removal or temporary suspension from office of an appointed municipal officer for:
(i)    inefficiency;
(ii)    malfeasance;
(iii)    misfeasance;
(iv)    nonfeasance;
(v)    misconduct in office; or
(vi)    insubordination.
(2)    Before removing or suspending any officer, the municipality shall notify the officer and conduct a hearing.
(3)    A municipality may provide for filling the vacancy caused by the removal or suspension.
(e)    Subject to its municipal charter, a municipality may provide for special elections for municipal purposes at times and places determined by the municipality.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-207 - Legislative Authority -- Public Safety

(a)    A municipality may establish and maintain:
(1)    a fire department; and
(2)    a police force.
(b)    A municipality may:
(1)    provide for the removal of fire hazards;
(2)    control the use and handling of dangerous and explosive materials; and
(3)    prevent the discharge of firearms or other explosive instruments.
(c)    A municipality may:
(1)    pay rewards for information relating to crime committed in the municipality;
(2)    prohibit vagrancy, vice, gambling, and houses of prostitution in the municipality;
(3)    enforce all ordinances relating to disorderly conduct and nuisances equally:
(i)    within the municipality; and
(ii)    up to one–half mile outside the municipal limits, except where there is a conflict with the powers of another municipality; and
(4)    prohibit minors from being on the streets and in public places at certain hours of the night.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-208 - Legislative Authority -- Port Wardens

(a)    A municipality may provide for the creation, appointment, duties, and powers of a board of port wardens to exercise jurisdiction in the municipality.
(b)    (1)    A board of port wardens may regulate the placement or construction of structures or other barriers in or on the waters of the municipality.
(2)    The board may:
(i)    issue licenses to build wharves or piers; and
(ii)    issue permits for mooring piles, floating wharves, buoys, and anchors.
(3)    When issuing licenses or permits under paragraph (2) of this subsection, the board shall consider:
(i)    the present and proposed uses of the waters;
(ii)    the effect of the present and proposed uses of the waters on marine life, wildlife, conservation, water pollution, erosion, and navigational hazards;
(iii)    the effect of the proposed use of the waters on congestion in the waters;
(iv)    the effect of the proposed use of the waters on other riparian property owners; and
(v)    the present and projected needs for any proposed commercial or industrial use in or on the waters of the municipality.
(4)    The board shall ensure that the improvements do not render navigation too close and confined.
(5)    The board may regulate the materials for and construction of the improvements.
(6)    This subsection does not affect the zoning power of the municipality.
(c)    (1)    Unless a person has been granted a license or permit from the board of port wardens, a person may not:
(i)    build a wharf or pier;
(ii)    move any earth or other material for the purpose of building a wharf or pier; or
(iii)    place or construct mooring piles, floating wharves, buoys, or anchors.
(2)    A person may not build a wharf or pier:
(i)    a greater distance into the water than approved by the board; or
(ii)    in a different form or of different materials than approved by the board.
(3)    A person who violates this subsection is subject to a fine set by the legislative body of the municipality.
(d)    A person aggrieved by a decision of a board of port wardens may appeal the decision:
(1)    to the legislative body of the municipality; or
(2)    if authorized by ordinance, to the circuit court of the appropriate county.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-209 - Legislative Authority -- Health and Welfare

(a)    This section does not affect any public general law or public local law relating to health or the powers and duties of:
(1)    the Secretary of Health; or
(2)    a county board of health.
(b)    A municipality may appoint a board of health and establish its powers and duties.
(c)    A municipality may:
(1)    establish quarantine regulations;
(2)    authorize the removal or confinement of individuals having infectious or contagious diseases;
(3)    prevent and remove nuisances;
(4)    prevent the introduction of contagious diseases into the municipality; and
(5)    regulate any place where noxious things are manufactured, offensive trades are conducted, or that may cause unsanitary conditions or conditions detrimental to health.
(d)    A municipality may:
(1)    regulate or prohibit the throwing or depositing of dirt, garbage, trash, or liquids in a public place; and
(2)    provide for the proper disposal of these materials.
(e)    A municipality may:
(1)    regulate the interment of bodies; and
(2)    control the location and establishment of cemeteries.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-211 - Legislative Authority -- Building Regulations

(a)    A municipality may adopt regulations regarding the erection of buildings and signs in the municipality, including:
(1)    a building code; and
(2)    requirements for building permits.
(b)    A municipality may provide for the inspection of and require repairs to the following on private property:
(1)    drainage and sewage systems;
(2)    electric lines and wires;
(3)    gas pipes;
(4)    plumbing apparatus; and
(5)    water pipes.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-212 - Legislative Authority -- State Policy for Regulation of Development

(a)    It is the policy of the State that:
(1)    the orderly development and use of land and structures requires comprehensive regulation through implementation of planning and zoning controls; and
(2)    planning and zoning controls shall be implemented by local government.
(b)    (1)    To achieve the public purposes of the policy set forth under subsection (a) of this section, the General Assembly recognizes that local government action will displace or limit economic competition by owners and users of property.
(2)    It is the policy of the State that competition and enterprise shall be 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 public general law and public local law.
(c)    This section does not:
(1)    grant to a municipality powers in any substantive area not otherwise granted to the municipality by other public general law or public local law;
(2)    restrict a municipality from exercising any power otherwise granted to the municipality;
(3)    authorize a municipality or its officers to engage in any activity that is otherwise beyond the power of the municipality or its officers; or
(4)    preempt or supersede the regulatory authority of any State unit.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-214 - Legislative Authority -- Commercial and Industrial Development

(a)    Section 18–301 of this article applies to the use of federal or State financial assistance for commercial or industrial redevelopment projects.
(b)    (1)    In this subsection, “authority” means a commercial district management authority.
(2)    A municipality may establish an authority for any commercial district in the municipality.
(3)    For each authority established, a municipality shall:
(i)    specify the membership, organization, jurisdiction, and geographical limits of the authority;
(ii)    provide financing for the authority through fees that may be charged to, or taxes that may be imposed against, any business subject to the authority’s jurisdiction; and
(iii)    specify the purposes of the authority, including:
1.    promotion;
2.    marketing; or
3.    the provision of security, maintenance, or amenities in the district.
(4)    An authority may not:
(i)    exercise the power of eminent domain;
(ii)    purchase, sell, construct, or lease, as lessor, office or retail space; or
(iii)    except as otherwise authorized by law, engage in competition with the private sector.
(5)    Any fee or tax imposed under this subsection shall be used only for the purposes stated in this subsection and may not revert to the general fund of the municipality.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-215 - Legislative Authority -- Urban Renewal Authority

(a)    This section applies only to a municipality that has urban renewal authority granted under Article III, § 61 of the Maryland Constitution.
(b)    Subject to subsection (e) of this section, a municipality may:
(1)    acquire property of any kind in the municipality, including any right, interest, franchise, easement, or privilege attached to the property, by purchase, lease, gift, condemnation, or any other legal means for development or redevelopment of the property, including comprehensive renovation or rehabilitation; and
(2)    sell, lease, convey, transfer, or otherwise dispose of any property acquired under item (1) of this subsection, to any person or public or quasi–public entity:
(i)    whether or not the property has been developed, redeveloped, altered, or improved; and
(ii)    regardless of how the property was acquired.
(c)    (1)    A municipality shall provide just compensation to the owner of any property acquired by the municipality under subsection (b) of this section if the property is taken by eminent domain.
(2)    The amount of compensation paid to an owner under paragraph (1) of this subsection shall be determined by:
(i)    an agreement by the parties to the transaction; or
(ii)    a jury award.
(3)    A municipality shall pay the amount of compensation determined under paragraph (2) of this subsection to the owner before taking the property.
(d)    Any property needed, or taken by eminent domain, by a municipality for the purposes in subsection (b) of this section or in connection with the exercise of any power of a municipality under this section is considered to be needed or taken for a public use or benefit.
(e)    Before acquiring a single–family or multifamily dwelling unit or other structure under this section, a municipality shall find that:
(1)    the dwelling unit or structure has deteriorated to an extent that constitutes a serious and growing menace to the public health, safety, and welfare;
(2)    the dwelling unit or structure is likely to continue to deteriorate;
(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 not corrected the deterioration.
(f)    The legislative body of a municipality shall adopt an ordinance for each acquisition of property made under this section.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 2 - Enumeration of Express Law Making Powers › Section 5-216 - Legislative Authority -- Community Services

(a)    A municipality may establish and maintain any park, garden, playground, or recreational facility that the municipality determines is for the benefit of the health and welfare of the municipality and its residents.
(b)    (1)    Subject to paragraph (2) of this subsection, a municipality may acquire by gift, grant, bequest, or devise and hold property absolutely or in trust for:
(i)    parks or gardens;
(ii)    the erection of statues, monuments, buildings, or structures; or
(iii)    any public use.
(2)    The municipality shall acquire, hold, or use property under this subsection on the terms and conditions required by the grantor or donor and accepted by the municipality.
(3)    The municipality shall provide for the administration of any property accepted by the municipality under this subsection.
(4)    Subject to the terms and conditions of the original grant, the municipality may convey any property accepted by the municipality under this subsection if the municipality determines that the property is no longer needed for public purposes.
(c)    A municipality may establish, maintain, and support a municipal band or musical organization.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 3 - Private Communities › Section 5-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Private community” means:
(1)    a community governed by a homeowners association, as defined under the Maryland Homeowners Association Act;
(2)    a condominium, as defined under the Maryland Condominium Act; or
(3)    a cooperative housing corporation, as defined under the Maryland Cooperative Housing Corporation Act.
(c)    “Residential street service” means:
(1)    removing snow, ice, or other obstructions from roadways;
(2)    lighting roadways and maintaining the lighting equipment;
(3)    collecting leaves, recyclable materials, or garbage along roadways; or
(4)    maintaining roadways.
(d)    “Roadway” means a paved surface that provides vehicular access or is designated for parking.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 5 - Powers › Subtitle 3 - Private Communities › Section 5-302 - Agreements Concerning Residential Street Service

(a)    (1)    The governing body of a municipality that provides residential street service may make an agreement with a private community that qualifies under paragraph (2) of this subsection concerning:
(i)    the provision of residential street service to the private community by the municipality; or
(ii)    instead of providing residential street service, the reimbursement to the private community of an amount not to exceed the cost that the municipality would incur to provide residential street service.
(2)    The governing body of a municipality may make an agreement under this section with a private community that:
(i)    lies wholly or partly in the municipality; and
(ii)    has at least one–quarter mile of roadway.
(b)    An agreement entered into under this section may require the private community to:
(1)    pay any insurance rider that the municipality requires to enable vehicles owned or contracted by the municipality to operate on a roadway in the private community; and
(2)    regarding a roadway in the private community that is to be used to provide residential street service:
(i)    allow the roadway to be dedicated to public use; and
(ii)    unless maintenance of the roadway is provided by the municipality, maintain the roadway at a level of service satisfactory to the municipality.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-101 - Violations Punishable as Misdemeanors

(a)    The legislative body of a municipality may provide that violations of ordinances and resolutions authorized by this division are punishable as misdemeanors.
(b)    A penalty for a violation of an ordinance or resolution that is declared to be a misdemeanor under this section may not exceed imprisonment for 6 months or a fine of $1,000 or both.
(c)    Sections 7–504 and 7–505 of the Courts Article shall govern imprisonment in default of fines and costs.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-102 - Municipal Infractions

(a)    (1)    Unless State law classifies a violation as a criminal offense, the legislative body of a municipality may provide, by law, that a violation of a municipal ordinance is a municipal infraction.
(2)    A municipal infraction is a civil offense.
(b)    The legislative body of a municipality may classify as a municipal infraction:
(1)    a violation of an ordinance or regulation concerning zoning or land use; and
(2)    littering in the municipality as prohibited under § 10–110 of the Criminal Law Article.
(c)    (1)    A fine not exceeding $1,000 may be imposed for each municipal infraction.
(2)    The fine is payable to the municipality by the person charged in the citation within 20 calendar days of service of the citation.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-103 - Citations

(a)    Any official authorized by the legislative body of a municipality to act as an enforcement officer may serve a citation on a person:
(1)    who the official believes is committing or has committed a municipal infraction; or
(2)    on the basis of an affidavit that:
(i)    cites the facts of the alleged infraction; and
(ii)    is submitted to a designated official of the municipality.
(b)    (1)    The citation shall be served on the defendant:
(i)    in accordance with Maryland Rule 3–121; or
(ii)    for real property–related violations, if an affidavit is made that good faith efforts to serve the defendant under Maryland Rule 3–121(a) have not succeeded, by:
1.    regular mail to the defendant’s last known address; and
2.    posting the citation at the property where the municipal infraction has occurred or is occurring and, if located in the municipality, at the defendant’s residence or place of business.
(2)    The enforcement officer shall retain a copy of the citation.
(c)    The citation shall contain:
(1)    the enforcement officer’s certification:
(i)    attesting to the truth of the matter set forth in the citation; or
(ii)    that the citation is based on an affidavit;
(2)    the name and address of the defendant;
(3)    the nature of the municipal infraction;
(4)    the location and time that the municipal infraction occurred;
(5)    the amount of the fine assessed;
(6)    the manner, location, and time in which the fine may be paid to the municipality;
(7)    notice of the defendant’s right to elect to stand trial; and
(8)    notice of the effect of failing to pay the fine or demand a trial within the required time.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-104 - Summons

(a)    An enforcement officer may serve a summons with a citation that:
(1)    requires the defendant to appear in District Court at a specified date and time; and
(2)    specifies that the defendant is not required to appear in District Court if the fine is paid as provided in the citation.
(b)    If approved by the Chief Judge of the District Court of Maryland, the citation form may contain the summons.
(c)    The enforcement officer shall coordinate the selection of court dates with the appropriate District Court officials.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-105 - Election to Stand Trial

(a)    If a citation is served without a summons, the defendant may elect to stand trial for the municipal infraction by providing written notice of intent to stand trial to the municipality at least 5 days before the payment date specified in the citation.
(b)    (1)    After receiving the written notice of intention to stand trial, the municipality shall forward a copy of the citation and notice to the District Court having venue.
(2)    After receiving the citation and notice, the District Court shall:
(i)    schedule the case for trial; and
(ii)    notify the defendant of the trial date.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-106 - Citation -- Failure to Pay or Elect to Stand Trial

(a)    If the defendant does not pay the fine by the date of payment set forth on the citation and does not send to the municipality the written notice of intent to stand trial:
(1)    the defendant is liable for the fine;
(2)    the municipality may double the fine to an amount not exceeding $1,000 and request adjudication of the case through the District Court, including the filing of a demand for judgment on affidavit; and
(3)    the District Court promptly shall schedule the case for trial and summon the defendant to appear.
(b)    If the municipality makes a proper demand for judgment on affidavit and the defendant does not respond to a summons issued under subsection (a)(3) of this section, the District Court shall enter judgment against the defendant in favor of the municipality in the amount then due.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-107 - Summons -- Failure to Pay or Appear

If the defendant does not pay the fine as provided in the citation and does not appear in District Court as provided in the summons:
(1)    the municipality may double the fine to an amount not exceeding $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.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-108 - Prosecution of Municipal Infractions

(a)    The State’s Attorney for a county may:
(1)    prosecute a municipal infraction; and
(2)    (i)    enter a nolle prosequi; or
(ii)    place a municipal infraction case on the stet docket.
(b)    Notwithstanding subsection (a) of this section, a municipality may designate an attorney to prosecute a municipal infraction in the same manner as the State’s Attorney for a county.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-108.1 - Designation of Building Inspector or Enforcement Officer to Testify in Municipal Infraction Proceeding

(a)    In this section, “qualified building inspector or enforcement officer” means a building inspector or an enforcement officer that is nationally accredited and certified by the International Code Council or the National Fire Protection Association as:
(1)    a building inspector;
(2)    a fire inspector;
(3)    an accessibility inspector; or
(4)    a property maintenance and housing inspector.
(b)    A municipality may designate a qualified building inspector or enforcement officer to testify in a municipal infraction proceeding without the assistance of a prosecuting attorney.
(c)    Nothing in this section shall limit or restrict the ability of a prosecuting attorney to call individuals to testify in a municipal infraction proceeding.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-109 - Proceedings

(a)    In a municipal infraction proceeding:
(1)    the District Court shall confirm that the defendant has received a copy of and understands the charges;
(2)    the defendant may enter a plea of guilty or not guilty;
(3)    the District Court shall apply the evidentiary standards provided by law or rule for the trial of a civil case;
(4)    the defendant may:
(i)    cross–examine witnesses;
(ii)    produce evidence or witnesses on the defendant’s own behalf;
(iii)    testify; and
(iv)    be represented by counsel of the defendant’s choice and at the defendant’s expense; and
(5)    the municipality has the burden to prove by clear and convincing evidence that the defendant has committed the infraction.
(b)    The District Court may:
(1)    enter a verdict of guilty or not guilty; or
(2)    before entering a verdict, place the defendant on probation.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-110 - Penalties

If the District Court finds that the defendant has committed a municipal infraction:
(1)    (i)    the court shall order the defendant to pay the fine, including any doubling of the fine, not exceeding the limit under § 6–102(c) of this subtitle;
(ii)    the fine imposed is a judgment in favor of the municipality; and
(iii)    if the fine remains unpaid for 30 days after the judgment is entered, the judgment is 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 item (2) of this section;
(2)    the court may suspend or defer the payment of the fine under conditions that the court sets;
(3)    the defendant is liable for the costs of the court proceedings; and
(4)    the court may order the defendant to abate the infraction or enter an order authorizing the municipality to abate the infraction at the defendant’s expense.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 6 - Violations of Ordinances and Resolutions › Section 6-111 - Abatement of Infraction by Municipality

(a)    If a municipality abates an infraction under a District Court order, 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 give notice of the bill to the defendant.
(b)    If the defendant does not pay the bill within 30 days after it is presented under subsection (a) of this section, on a motion of the municipality, the District Court shall enter a judgment against the defendant for the cost of the abatement.
2023 Maryland Statutes › Local Government › Division III - Counties › Title 9 - General and Administrative Provisions › Subtitle 1 - In General › Section 9-101 - Meetings of County Governing Bodies

(a)    This section applies to all counties.
(b)    The governing body of a county may not adopt an ordinance, a resolution, a rule, or a regulation at a meeting not open to the public, except in accordance with the Open Meetings Act.
2023 Maryland Statutes › Local Government › Division III - Counties › Title 9 - General and Administrative Provisions › Subtitle 1 - In General › Section 9-102 - Copies of Public Local Laws

If the county commissioners or county council of a county publishes a code or compilation that contains all or part of the public local laws of the county, the county commissioners or county council shall provide without charge:
(1)    one printed copy to the State Archives;
(2)    one printed copy to the Thurgood Marshall State Law Library; and
(3)    five printed copies to the Department of Legislative Services.
2023 Maryland Statutes › Local Government › Division III - Counties › Title 9 - General and Administrative Provisions › Subtitle 1 - In General › Section 9-103 - Baltimore City -- Publication of Code of Ordinances

(a)    In this section, “ordinance”:
(1)    means a legislative enactment of general application and continuing force for Baltimore City; and
(2)    does not include a public local law under § 9–102 of this subtitle.
(b)    Each year, if Baltimore City enacts any ordinance appropriate for codification during the year, the Mayor and City Council of Baltimore City shall provide for the preparation and distribution of a supplement to or new edition of its code of ordinances.
(c)    (1)    A supplement published under subsection (b) of this section shall contain each ordinance that is in effect and has been enacted or amended since Baltimore City’s most recent code of ordinances was published.
(2)    A new code published under subsection (b) of this section shall contain each ordinance that is in effect at the time of publication.
2023 Maryland Statutes › Local Government › Division III - Counties › Title 9 - General and Administrative Provisions › Subtitle 1 - In General › Section 9-104 - Powers of Governing Body

(a)    This section applies to all counties, except Baltimore City.
(b)    The governing body of a county may appoint all officers, agents, and employees required for a county purpose and not otherwise provided for by law.
(c)    The governing body of a county controls property owned by the county.
2023 Maryland Statutes › Local Government › Division III - Counties › Title 9 - General and Administrative Provisions › Subtitle 1 - In General › Section 9-105 - Adoption of Local Laws by County Commissioners After Public Hearing

(a)    (1)    Subject to paragraph (2) of this subsection, this section applies only to commission counties.
(2)    This section does not apply to Cecil County.
(b)    (1)    This section applies only to a section of this article that specifically references this section.
(2)    This section does not apply to a resolution expressing the opinion or an administrative act of the county commissioners of Frederick County, St. Mary’s County, or Somerset County.
(c)    (1)    The county commissioners may not adopt an act, an ordinance, or a resolution until 10 days after a public hearing has been held on the proposed act, ordinance, or resolution.
(2)    The county commissioners shall publish notice of the public hearing and a summary of the proposed act, ordinance, or resolution in at least one newspaper of general circulation in the county once each week for 2 successive weeks.
2023 Maryland Statutes › Local Government › Division III - Counties › Title 9 - General and Administrative Provisions › Subtitle 1 - In General › Section 9-106 - Acts, Ordinances, and Resolutions -- Generally

(a)    This section applies only to commission counties.
(b)    This section applies only to a section of this article that specifically references this section.
(c)    (1)    A copy of each act, ordinance, or resolution adopted by the county commissioners, certified by the presiding officer of the county commissioners and attested to by the clerk of the county commissioners, shall be filed with the clerk of the court of the county.
(2)    The clerk of the court shall record, date, and index the act, ordinance, or resolution without charge in a volume provided by the county commissioners.
(d)    An act, an ordinance, or a resolution adopted by the county commissioners may not take effect until:
(1)    a copy has been filed with the clerk of the court of the county; and
(2)    a fair summary of the act, ordinance, or resolution has been published in at least one newspaper of general circulation in the county.
(e)    An act, an ordinance, or a resolution filed in accordance with this section shall be admissible as evidence in any court proceeding on certification by the clerk of the court of the county.
2023 Maryland Statutes › Local Government › Division III - Counties › Title 9 - General and Administrative Provisions › Subtitle 1 - In General › Section 9-107 - Advertising, Printing, and Publishing of Enactments and Annual Statements; Recording and Indexing of Records; Audit of County Books and Accounts Required

(a)    This section applies to all counties except:
(1)    Anne Arundel County;
(2)    Baltimore City;
(3)    Baltimore County;
(4)    Cecil County;
(5)    Howard County;
(6)    Prince George’s County;
(7)    Queen Anne’s County; and
(8)    Worcester County.
(b)    The provisions of §§ 9–105 and 9–106 of this subtitle apply to an act, an ordinance, or a resolution adopted by a commission county under this section.
(c)    The governing body of a county may provide for advertising, printing, and publishing of:
(1)    laws, ordinances, resolutions, or regulations adopted by the county; and
(2)    the annual statements of receipts and expenditures of the county.
(d)    The governing body of a county may provide for the recording and indexing of records in the office of the clerk of the court, register of wills, the governing body, and other officers to the extent that the recording and indexing are not provided for by general law.
(e)    The governing body of a county shall:
(1)    appoint an auditor or accountant within 30 days after the close of the fiscal year to audit the books and accounts of all county officers collecting, holding, or disbursing county funds; and
(2)    publish or advertise the report of the auditor or accountant immediately after its completion to the extent that the governing body considers proper.
2023 Maryland Statutes › Local Government › Division III - Counties › Title 9 - General and Administrative Provisions › Subtitle 1 - In General › Section 9-108 - Jurisdiction and Service of Process on Navigable Rivers

(a)    Except where a dividing line is fixed in a river by law, the jurisdiction of a county lying on a navigable river in this State extends from the shore to the channel of the river dividing the county from another county.
(b)    Except as provided in subsection (c) of this section, if a vessel is located on a river between counties, process may be served on board the vessel by an officer of either county.
(c)    A vessel that is moored or fastened to the land on either side of a river is considered to be in the county where the vessel is fastened.
2023 Maryland Statutes › Local Government › Division III - Counties › Title 9 - General and Administrative Provisions › Subtitle 1 - In General › Section 9-109 - Jurisdiction and Service of Process on Navigable Waters Other Than Rivers

(a)    This section does not apply if the boundary between counties is a navigable river.
(b)    (1)    Except as provided in paragraph (2) of this subsection, the jurisdiction of a county bounded at any point by navigable waters extends from the shore to the inside of the channel, which is considered the center of the waters.
(2)    If the navigable waters join a neighboring state, the jurisdiction of the county continues to the ultimate limit of the state.
(c)    (1)    The center of waters in subsection (b) of this section shall be as represented on the county maps issued under the authority of Chapter 51, Acts of 1896 and Chapter 129, Acts of 1898.
(2)    A county map referred to in paragraph (1) of this subsection is admissible as evidence of the location of county boundaries.
(d)    (1)    Certified copies of county maps issued under subsection (c)(1) of this section shall be kept on file with:
(i)    the clerk of the court for each county; and
(ii)    the governing body of each county.
(2)    Certified copies of county maps are official and authoritative.
(e)    Nothing in this section changes the rights the State may have on or under the waters described in this section.