Md. Code, Local Gov't | Maryland Code, Local Government

Title 1

Subtitle 1

§ 1-101

(a) In this article the following words have the meanings indicated.

(b) (1) “Charter county” means a county that has adopted charter home rule under Article XI–A of the Maryland Constitution.

(2) “Charter county” does not include Baltimore City.

(d) “Commission county” means a county that has not adopted charter or code home rule.

(e) “County” means a county of the State or Baltimore City.

(f) “Governing body” means:

(1) for Baltimore City, the Mayor and City Council of Baltimore City;

(2) for a charter county:

(i) that does not have an elected chief executive officer, the county council; or

(ii) that has an elected chief executive officer, the county council or the county council and the county executive, as provided by the county charter;

(3) for a code county, the county commissioners;

(4) for a commission county, the county commissioners; and

(5) for a municipality, the body provided under the municipal charter.

(g) “Municipality” means a municipality that is organized under Article XI–E of the Maryland Constitution.

(h) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

(i) (1) Except as provided in paragraph (2) of this subsection, “state” means:

(i) a state, possession, territory, or commonwealth of the United States; or

(ii) the District of Columbia.

(2) When capitalized, “State” means Maryland.

(j) “Tax collector” means the person or governmental unit responsible for collecting a tax.

(k) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.

(l) “Veteran” has the meaning stated in § 9–901 of the State Government Article.

Subtitle 2

§ 1-201

(a) This section does not apply to:

(1) an elected official;

(2) the head of a unit of a county or municipality who reports directly to:

(i) the chief administrative officer of the county or municipality;

(ii) an elected executive; or

(iii) the governing body of the county or municipality; or

(3) the chief administrative officer of the county or municipality.

(b) (1) Except as provided in paragraph (2) of this subsection, a county or municipality may not require an employee to reside in the State, county, or municipality or within a specified distance of the State, county, or municipality as a condition of employment.

(2) A county or municipality may require an at–will supervisory employee to reside in the State, county, or municipality or within a specified distance of the State, county, or municipality as a condition of employment if the at–will supervisory employee reports directly to the head of a unit of the county or municipality.

(3) Subject to subsection (c) of this section, when making employment, promotion, demotion, layoff, and discharge decisions, a county or municipality may not discriminate based on an individual’s place of residence.

(c) A county or municipality may grant a resident of the State, county, or municipality additional points or credits in employment or promotion decisions if the points or credits are provided in accordance with a merit system established by the county or municipality by local law or ordinance.

(d) An agency created under State law that provides governmental services to more than one county or municipality may not require an employee, as a condition of employment, to reside in the State or a county or municipality or within a specified distance of the State, a county, or a municipality for which the agency provides governmental services.

§ 1-202

(a) This section applies to the following governmental entities:

(1) counties;

(2) municipalities;

(3) special taxing districts; and

(4) regional governmental entities created by State law that provide services in more than one county.

(b) A governmental entity may not issue an identification card on which an employee’s Social Security number is visible.

§ 1-203

(a) This section applies to the following governmental entities:

(1) counties;

(2) municipalities;

(3) bicounty agencies;

(4) county boards of education;

(5) public corporations;

(6) special taxing districts; and

(7) other political subdivisions of the State.

(b) Each governmental entity shall give its employees who return from service in the uniformed services the same reemployment rights as provided for State employees under Title 2, Subtitle 7 of the State Personnel and Pensions Article.

§ 1-204

(a) (1) In this section the following words have the meanings indicated.

(2) “Eligible spouse” has the meaning stated in § 7–207 of the State Personnel and Pensions Article.

(3) “Eligible veteran” has the meaning stated in § 7–207 of the State Personnel and Pensions Article.

(b) (1) If a county or municipality uses a selection test for the hiring or appointment of employees, the county or municipality may adopt a local law that allows for the application of a credit of 10 points, or its equivalent, on a selection test for:

(i) an eligible spouse;

(ii) an eligible veteran;

(iii) the spouse of an eligible veteran who has a service–connected disability; or

(iv) the surviving spouse of a deceased eligible veteran.

(2) A local law adopted under paragraph (1) of this subsection:

(i) may allow for the application of a credit of two additional points, or its equivalent, on any selection test for a former prisoner of war; and

(ii) if necessary, shall clarify the application of any special credit applied under § 1–205 of this subtitle.

(1) a current employee of a county or municipality; and

(2) an eligible veteran who is convicted of a crime after being discharged from or completing service in the uniformed services.

§ 1-205

(a) If a municipality, county, or other political subdivision of the State makes appointments to government positions under a civil service or merit system law or ordinance, the unit that provides eligibility lists for appointments shall adopt rules or regulations to grant special credit to honorably discharged veterans who have been residents of the State for at least 5 years immediately preceding the date on which the veteran takes a merit system examination.

(b) (1) The unit may determine the nature and extent of the special credit granted to veterans.

(2) The unit may grant a greater credit to veterans with a disability than to veterans who do not have a disability.

(1) the spouse of a veteran if the veteran is unable to qualify for merit system appointment because of a disability; and

(2) the unmarried surviving spouse of a deceased veteran.

(d) (1) In this subsection, “health emergency” includes:

(i) a national emergency declared by the President of the United States under the National Emergencies Act;

(ii) an emergency or major disaster declared by the President of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act;

(iii) a public health emergency declared by the Secretary of Health and Human Services under 42 U.S.C. § 247d; and

(iv) a catastrophic health emergency declared by the Governor under § 14–3A–02 of the Public Safety Article.

(2) The unit may exempt war or health emergency veterans under the age of 55 years from any age limitation or requirement.

§ 1-206

(a) (1) Subject to paragraph (2) of this subsection, a county or municipality may:

(i) pay the wage of an employee by direct deposit as provided in subsection (b) of this section; and

(ii) require an employee to receive the payment of wages by direct deposit as a condition of employment.

(2) A county or municipality may not require the payment of wages by direct deposit for an employee:

(i) who was hired before October 1, 2011, unless the county or municipality before October 1, 2011, required, by local law, regulation, or collective bargaining agreement, the payment of wages by direct deposit;

(ii) whose employment is not conditioned on the employee receiving the payment of wages by direct deposit; or

(iii) 1. who does not have a personal bank account; and

2. who informs the employee’s employer that the employee wishes to opt out of direct deposit.

(3) If a county or municipality elects to pay wages by direct deposit, an employee who is not required to receive the payment of wages by direct deposit may elect to receive the payment of wages by direct deposit in accordance with subsection (c) of this section.

(b) If a county or municipality elects to pay the wages of its employees by direct deposit, the county or municipality shall:

(1) provide an employee who is required or elects to receive the payment of wages by direct deposit with an electronic fund transfer authorization form;

(2) deposit the wage of an employee into a personal bank account selected by the employee on the electronic fund transfer authorization form; and

(3) each time the county or municipality pays the wage of an employee by direct deposit, provide the employee with a direct deposit statement that includes:

(i) the total amount of the wage;

(ii) any amount deducted from the wage; and

(iii) the amount of the wage directly deposited into the personal bank account selected by the employee.

(i) complete and submit to the county or municipality the electronic fund transfer authorization form provided to the employee under subsection (b) of this section; and

(ii) select a personal bank account for the direct deposit of the employee’s wages that is at a financial institution that participates in the automated clearinghouse network.

(2) Subject to paragraph (1)(ii) of this subsection, an employee may change the personal bank account or the financial institution designated on an electronic fund transfer authorization form by completing and submitting to the county or municipality a new electronic fund transfer authorization form.

§ 1-207

(a) In this section, “telework” means to work at a location other than a traditional office setting or an employee’s usual and customary work site, including:

(1) the employee’s home;

(2) a satellite office; and

(3) a telework center.

(b) This section applies to:

(1) all employees of a governmental entity of a county or a municipality; and

(2) all governmental entities of a county or a municipality.

(1) establish a countywide or municipality–wide telework program; and

(2) adopt a countywide or municipality–wide telework policy and telework guidelines.

(d) (1) The head of a governmental entity of a county or municipality may designate the positions for which an employee would be eligible to telework.

(2) Each governmental entity of a county or municipality, in its discretion, may maximize the number of eligible employees participating in a countywide or municipality–wide telework program established under subsection (c) of this section.

§ 1-208

(a) This section applies to all employees of a governmental unit of a county or a municipality in the State.

(b) Subject to subsections (c) through (e) of this section, each governmental unit may provide disaster service leave with pay to employees subject to this section.

(1) (i) the employee is certified by the American Red Cross as a disaster service volunteer; and

(ii) the American Red Cross requests the services of the employee during a disaster that is designated at Level II or above in the regulations and procedures of the National Office of the American Red Cross; or

(2) the employee is a member of:

(i) the Civil Air Patrol;

(ii) the United States Coast Guard Auxiliary;

(iii) Maryland Voluntary Organizations Active in Disaster;

(iv) a volunteer emergency medical services department;

(v) a volunteer fire department;

(vi) a volunteer rescue company or volunteer rescue squad; or

(vii) a Community Emergency Response Team.

(d) An employee may use up to 30 days of disaster service leave in any 12–month period only after obtaining approval from the employee’s governmental unit.

(e) During a prolonged or recurrent disaster, the employee’s governmental unit may:

(1) waive the requirements under subsections (c) and (d) of this section that an employee must request and obtain approval before the employee may use disaster service leave, if waiving the requirement would be in the best interest of the citizens of the county or municipality; and

(2) increase the number of days of disaster service leave under subsection (d) of this section that an employee may use, if an increase in leave would be in the best interest of the citizens of the county or municipality.

§ 1-209

(a) In this section, “uniformed services” has the meaning stated in 38 U.S.C. § 4303 and 20 C.F.R. § 1002.5(o).

(b) This section applies to all employees of a governmental unit of a county or a municipality in the State.

(1) for jury service;

(2) to attend employee organization events approved for this purpose by the head of the governmental unit;

(3) for up to 30 days for uniformed services training or active uniformed services duty in a reserve unit of the armed forces or in the organized militia;

(4) unless the employee is a party to the action or a paid witness, to appear in compliance with a subpoena:

(i) in court;

(ii) before a grand jury;

(iii) before an administrative unit; or

(iv) for a deposition;

(5) for administrative leave for the purpose of immediately removing an employee from the work site, if the employee:

(i) poses a threat to self, another individual, or county or municipal property; or

(ii) is incapable of properly performing the employee’s duties because of extraordinary circumstances; and

(6) for any other paid leave the head of a governmental unit considers necessary.

§ 1-210

NOT IN EFFECT

** TAKES EFFECT OCTOBER 1, 2028 PER CHAPTERS 181 AND 182 OF 2026**

(a) Each county and municipality shall provide for each firefighter employed by the county or municipality:

(1) at the time of hiring and at the time of any change of the firefighter’s rate of pay, notice of:

(i) the firefighter’s rate of pay;

(ii) the regular pay periods; and

(iii) the firefighter’s overtime rate of pay; and

(2) for each pay period, a statement of the hours worked, gross earnings, and any deductions from the gross earnings.

(b) If a county or municipality does not provide payroll information in accordance with subsection (a) of this section or wages due, the firefighter or the firefighter’s exclusive representative may initiate a grievance under the grievance procedure established under any applicable grievance procedure or collective bargaining agreement.

(c) (1) Subject to paragraphs (2) and (3) of this subsection, if a grievance is initiated under subsection (b) of this section, a firefighter is entitled to wages and damages unless the wage is withheld as a result of a bona fide dispute.

(2) If the grievance was filed:

(i) in the first 3 business days of a pay period, the damages shall start in the following regular pay period; or

(ii) after the third business day of a pay period, the damages shall start in the second regular pay period following the pay period in which the firefighter was not paid the firefighter’s full wage.

(3) The damages under paragraph (1) of this subsection:

(i) may not begin until at least one regular pay period has elapsed since the firefighter was not paid the firefighter’s full wage due for a pay period;

(ii) shall increase per pay period by 30% of:

1. the wage that the county or municipality failed to provide the information for as required under subsection (a) of this section; or

2. the wage that the county or municipality failed to pay;

(iii) shall continue until the pay period when the county or municipality provides the missing wages and damages to the firefighter; and

(iv) may not exceed three times the amount of:

1. the wage due for a pay period for which the county or municipality failed to provide the information as required under subsection (a) of this section; or

2. the missing wages.

Subtitle 3

§ 1-301

This subtitle applies to the following governmental entities:

(1) counties;

(2) municipalities;

(3) bicounty or multicounty agencies;

(4) county boards of education;

(5) public authorities;

(6) special taxing districts; and

(7) other public entities whose employees are not covered by § 2–304 of the State Personnel and Pensions Article.

§ 1-302

Employment by a governmental entity does not affect any right or obligation of a citizen under the United States Constitution, the Maryland Constitution, or federal or State law.

§ 1-303

Except as otherwise provided in this subtitle, an employee of a governmental entity:

(1) may freely participate in any political activity and express any political opinion; and

(2) may not be required to provide a political service.

§ 1-304

An employee of a governmental entity may not:

(1) engage in political activity while on the job during working hours; or

(2) advocate the overthrow of the government by unconstitutional or violent means.

§ 1-305

A person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $3,000 or both.

§ 1-306

Notwithstanding any other law of the State effective on or before June 30, 1973, or any local law, the restrictions imposed by this subtitle are the only restrictions on the political activities of an employee of a governmental entity, except for restrictions:

(1) imposed on an employee of a local board of elections by § 2–301 of the Election Law Article; or

(2) provided in or authorized by the Montgomery County Charter and imposed on:

(i) an officer or employee of the Montgomery County government who serves in a quasi–judicial capacity; or

(ii) a member of a Montgomery County board or commission who serves in a quasi–judicial capacity.

Subtitle 4

§ 1-401

(a) In this section, “computer software program” means a software program used to:

(1) access data in a computer system; or

(2) implement a process using data in a computer system.

(b) This section does not apply to a computer software program subject to Title 10, Subtitle 9 of the State Government Article.

(c) (1) A county or municipality may sell, lease, or license to the public, or enter into a contract concerning, a computer software program, including any associated patent, trademark, or copyright, that is produced by or for the county or municipality in the normal course of its operations.

(2) A county or municipality may adopt a price structure for a computer software program based on any factors that the county or municipality considers relevant, including:

(i) the cost of producing, reproducing, and delivering the computer software program;

(ii) overhead and labor costs; and

(iii) the fair market value of the computer software program.

§ 1-402

(a) (1) In this section the following words have the meanings indicated.

(2) “Nonresident bidder” means a bidder whose principal office is outside the State.

(3) “Preference” includes:

(i) a percentage preference;

(ii) an employee residency requirement; or

(iii) any other provision that favors a resident over a nonresident.

(4) “Resident bidder” means a bidder whose principal office is in the State.

(b) When a political subdivision or an instrumentality of government in the State uses competitive bidding to award a procurement contract, the political subdivision or instrumentality may give a preference to the resident bidder who submits the lowest responsive bid of any resident bidder if:

(1) the resident bidder is a responsible bidder;

(2) a responsible nonresident bidder submits the lowest responsive bid of all bidders; and

(3) the state in which the nonresident bidder’s principal office is located gives a preference to its residents.

(c) A preference under this section shall be identical to the preference that the state in which the nonresident bidder’s principal office is located gives to its residents.

§ 1-403

(a) An officer or agent of a county or municipality who is charged with the construction, improvement, or maintenance of any building or work, or the management of a public institution, may not enter into any contract that binds or purports to bind the county or municipality to pay money not previously appropriated and remaining unexpended for the purpose of the contract.

(b) If an officer or agent of a county or municipality willfully or knowingly enters into or participates in entering into a contract prohibited under subsection (a) of this section:

(1) the officer or agent is personally liable for the contract; and

(2) the county or municipality is not liable for the contract.

§ 1-404

(a) This section applies to all counties and municipalities.

(b) A county or municipality that operates a minority business enterprise utilization program for county or municipal procurements and has a process for the certification of minority business enterprises for eligibility in that program shall accept as certified for the program any person that has been certified as a minority business enterprise by the State certification agency designated under § 14–303(b) of the State Finance and Procurement Article.

Subtitle 5

§ 1-501

(a) In this subtitle the following words have the meanings indicated.

(b) “Affected property” has the meaning stated in § 6–801 of the Environment Article.

(c) (1) “Residential property” means a building or a portion of a building that provides complete living facilities, including facilities for cooking, sanitation, and sleeping.

(2) “Residential property” includes:

(i) a single–family unit in a multifamily dwelling; and

(ii) a “rental dwelling unit” as defined under § 6–801 of the Environment Article.

§ 1-502

This subtitle applies to the regulation in any manner, by a county or municipality, of residential property that is rented or leased, including regulation by the issuance or renewal of:

(1) a license or registration to authorize the owner of residential property to engage in the business of renting or leasing the residential property;

(2) a license or registration to authorize residential property to be rented or leased; or

(3) a certification that residential property that is rented or leased is in compliance with a local housing, livability, or property maintenance code.

§ 1-503

A county or municipality may not authorize or certify residential property to be rented or leased unless the owner of the property:

(1) states in writing to the county or municipality under penalty of perjury:

(i) that the residential property is not an affected property; or

(ii) that the residential property is an affected property that has been registered and for which the registration has been renewed in accordance with §§ 6–811 and 6–812 of the Environment Article; and

(2) if the property is an affected property, provides the inspection certificate number for the inspection conducted for the current tenancy as required under § 6–815(c), § 6–817(b), or § 6–819(e) of the Environment Article.

§ 1-504

In addition to reporting, as required under § 6–848.2 of the Environment Article, any known noncompliance of an affected property with the provisions of Title 6, Subtitle 8 of the Environment Article, a county or municipality may forward to the Department of the Environment any information obtained under this subtitle regarding residential property.

Subtitle 6

§ 1-601

(a) In this subtitle the following words have the meanings indicated.

(b) “Parks and recreation unit” means a governmental unit designated or created under § 1–604 of this subtitle to administer a program.

§ 1-602

This subtitle does not apply to Charles County.

§ 1-603

This subtitle is additional and supplemental to any law governing a program.

§ 1-604

The governing body of a county or municipality may:

(1) establish and maintain a program for the benefit of the residents of the county or municipality; and

(2) create or designate a parks and recreation unit to administer the program.

§ 1-605

(a) A parks and recreation unit may:

(1) maintain a park or recreational facility; and

(2) conduct recreation and park activities.

(b) The parks and recreation unit may employ an administrative officer and other personnel as necessary and as authorized by the governing body of the county or municipality.

§ 1-606

(a) (1) If the governing body of a county or municipality determines that a board or commission shall provide and conduct a program, by local law, ordinance, or resolution, the governing body shall create a board or commission.

(2) The board or commission shall have the powers granted to it by the governing body.

(b) In accordance with subsection (c) of this section, the governing body of the county or municipality shall determine the membership of the board or commission and the terms of office and compensation of the members.

(c) (1) Except as provided in paragraph (3) of this subsection, a board or commission established by a county shall include:

(i) one member of the county governing body; and

(ii) one member or representative of the county board of education.

(2) A member designated under paragraph (1) of this subsection:

(i) shall serve a term of 1 year; and

(ii) may be reappointed.

(3) In Frederick County:

(i) the county commissioner on the board or commission serves for a term coextensive with the member’s term of elected office; and

(ii) a member of the county board of education is a member of the board or commission.

§ 1-607

(a) The governing body of a county or municipality may establish and maintain any property owned or leased by the county or municipality for use as a park or recreational facility.

(b) In accordance with applicable law, and subject to subsection (c) of this section, the governing body of a county or municipality may acquire or lease any property inside or outside its corporate limits for use as a park or recreational facility.

§ 1-608

The governing body of a county or municipality may appropriate money for the operation, equipment, and maintenance of a park or recreational facility.

§ 1-609

In the manner provided by law for the issuance of bonds for other purposes, the governing body of a county or municipality may issue bonds to:

(1) acquire property for use as a park or recreational facility;

(2) acquire the equipment for a park or recreational facility;

(3) redesign, improve, construct, develop, or extend a park or recreational facility; or

(4) provide for any appropriate capital item in cooperation with other governmental units under § 1–610 of this subtitle.

§ 1-610

The governing body of a county or municipality, by and through the parks and recreation unit or other designated unit, may join or cooperate with a federal, State, or other local governmental unit or community recreation council to acquire, lease, or maintain a park or recreational facility or provide or conduct a park or recreational activity.

§ 1-611

The governing body of a county or municipality, by and through the parks and recreation unit or other designated unit, may accept:

(1) a gift of property for use as a park or recreational facility; or

(2) other contributions for parks and recreation purposes.

Subtitle 7

§ 1-701

This subtitle does not apply to Baltimore City.

§ 1-702

(a) Sections 1–703 through 1–707 of this subtitle do not:

(1) grant to a county or municipality additional authority in any substantive area beyond that granted under other public general law or public local law;

(2) restrict a county or municipality from exercising authority granted under other public general law or public local law;

(3) authorize a county or municipality to engage in an activity not authorized under other public general law or public local law; or

(4) preempt or supersede the regulatory authority of a unit of State government.

(b) (1) This section applies to all counties, except:

(i) Anne Arundel County;

(ii) Baltimore City;

(iii) Baltimore County;

(iv) Cecil County;

(v) Howard County;

(vi) Prince George’s County;

(vii) Queen Anne’s County; and

(viii) Worcester County.

(2) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

(3) A county may grant franchises as provided under existing public general law or public local law.

§ 1-703

(a) It is the policy of the State to authorize each county and municipality to displace or limit competition in the area of public transportation to:

(1) provide adequate, economical, and efficient transportation services;

(2) protect against excessive and inconsistent prices for transportation services;

(3) conserve energy and reduce accidents, air pollution, congestion, and traffic hazards through public transportation;

(4) encourage its use by contributing capital and operating funds so that transportation may be provided at the lowest cost; and

(5) promote the general welfare by providing a comprehensive transportation system.

(b) Notwithstanding any anticompetitive effect, a county or municipality may:

(1) (i) grant one or more franchises for transportation services on an exclusive or nonexclusive basis;

(ii) impose franchise fees;

(iii) establish rates applicable to the franchise; and

(iv) adopt rules, regulations, and licensing requirements for the operation of the franchise; or

(2) operate a public transportation system on an exclusive basis, including:

(i) establishing rates for the public transportation system; and

(ii) adopting rules and regulations for the operation of the public transportation system.

§ 1-704

(a) It is the policy of the State to authorize each county and municipality to displace or limit competition in the area of water and sewerage systems to:

(1) assure delivery of adequate, economical, and efficient water and sewerage services;

(2) avoid duplication of water and sewerage facilities;

(3) control disease and provide for the public health and safety;

(4) prevent environmental degradation;

(5) protect natural resources;

(6) use the public right–of–way efficiently; and

(7) promote the general welfare by providing adequate water and sewerage systems.

(b) (1) Notwithstanding any anticompetitive effect, a county or municipality may:

(i) grant one or more franchises or enter into contracts for water or sewerage systems on an exclusive or nonexclusive basis;

(ii) impose franchise fees;

(iii) establish charges and rates applicable to the franchise; and

(iv) adopt rules, regulations, and licensing requirements for the operation of the franchise.

(2) If another law grants a county or municipality the authority to operate water and sewerage systems, the county or municipality shall operate the systems without regard to any anticompetitive effect.

§ 1-705

(a) Notwithstanding any anticompetitive effect, it is the policy of the State to direct and authorize each county and municipality to exercise authority over waste collection and disposal.

(b) This section does not apply to waste that the generator:

(1) directs to a specific facility for reclamation, recycling, or reuse; or

(2) disposes of on its property.

§ 1-706

(a) It is the policy of the State to authorize each county and municipality to displace or limit competition in the awarding of concessions on, over, or under property owned or leased by the county or municipality and in the leasing or subleasing of property owned or leased by the county or municipality to:

(1) use its assets properly for the best public purpose;

(2) protect the public from unscrupulous business practices and excessive prices;

(3) provide maximum accessibility to public property;

(4) provide desirable or necessary governmental services at the lowest possible cost; and

(5) promote the general welfare by using public property for the benefit of the residents of the county or municipality.

(b) Notwithstanding any anticompetitive effect, a county or municipality may:

(1) (i) grant one or more franchises for any concession on, over, or under property owned or leased by the county or municipality on an exclusive or nonexclusive basis;

(ii) control prices and rates for the franchise; and

(iii) adopt rules and regulations for the operation of the franchise; and

(2) lease or sublease publicly owned or leased real property on terms that the county or municipality determines.

§ 1-707

(a) This section applies only to code counties and municipalities.

(b) It is the policy of the State to authorize each code county and municipality to displace or limit competition in the area of port regulation to:

(1) provide for safe harbors free of congestion and navigational hazards;

(2) protect marine life and wildlife; and

(3) prevent water pollution and erosion.

(1) grant one or more franchises or enter into contracts for the placement or construction of structures in or on the waters of the county or municipality;

(2) issue licenses for wharves and piers; or

(3) issue permits for mooring piles, floating wharves, buoys, and anchors.

§ 1-708

(a) (1) Unless otherwise defined by local law, in this section, “cable television system” means a nonbroadcast facility that consists of a set of transmission paths and associated signal generation, reception, and central equipment, under common ownership and control, that distributes or is designed to distribute to subscribers the signals of one or more television broadcast stations.

(2) “Cable television system” does not include a facility that:

(i) serves 49 or fewer subscribers; or

(ii) serves only subscribers in one or more multiple dwelling units under common ownership, control, or management.

(b) This section does not authorize the governing body of a county to enact laws or regulations for a municipality.

(1) grant a franchise for a cable television system that uses a public right–of–way;

(2) impose franchise fees;

(3) establish rates applicable to a franchise; and

(4) adopt rules and regulations for the operation of a franchise.

§ 1-709

(a) Notwithstanding any anticompetitive effect, the County Commissioners of Somerset County may grant an exclusive franchise to a ferry company to operate between Somerset County and Reedville, Virginia.

(b) Before granting a franchise, the County Commissioners of Somerset County shall review the proposed business and financial plan of the ferry company.

(c) The County Commissioners of Somerset County may adopt regulations to carry out this section that are consistent with any regulations adopted by the Public Service Commission that relate to ferry companies.

(d) If the ferry company does not exercise the franchise within 18 months after it is granted, the franchise becomes void.

(e) A ferry company may not conduct gaming activities on a ferry that it operates under a franchise granted under this section.

Subtitle 8

§ 1-801

(a) (1) In this section, “federal project” means any federal work, improvement, or project.

(2) “Federal project” includes:

(i) dredging projects;

(ii) flood control projects; and

(iii) other federal river, harbor, and navigation works and improvements.

(b) This section applies to the following governmental entities:

(1) counties;

(2) municipalities;

(3) public corporations;

(4) special districts; and

(5) any other political subdivisions.

(1) assist the United States or a federal agency in constructing, financing, maintaining, using, or operating a federal project, including agreeing to terms of local cooperation required by the United States or a federal agency;

(2) enter into a contract with the United States or a federal agency, in the form required by the United States or federal agency, obligating the governmental entity to:

(i) construct, finance, maintain, use, or operate a federal project; or

(ii) arrange, contract for, or supervise the construction, financing, maintenance, use, or operation of a federal project;

(3) appropriate or obligate money and obtain private loans or financing to pay for its share of the cost of a federal project;

(4) accept and use federal grants or loans to assist in the construction, financing, maintenance, use, or operation of a federal project;

(5) purchase or, in accordance with Title 12 of the Real Property Article, condemn land and interests in land necessary for a federal project and transfer any interest in that land to the United States or a federal agency; and

(6) enter property and waters to conduct surveys, soundings, and examinations in furtherance of a federal project.

§ 1-802

For the purpose of constructing, financing, maintaining, using, or operating a watershed project, a county or municipality may enter into a contract, including an obligation of repayment under applicable federal public works and economic development programs under 42 U.S.C. §§ 3161 and 3162, with:

(1) the United States or a federal agency;

(2) a public drainage association;

(3) a public watershed association; or

(4) any person or other governmental entity.

§ 1-803

(a) (1) Regardless of whether a county or municipality has established a housing authority under the Housing Authorities Law in Division II of the Housing and Community Development Article, the powers conferred by this section:

(i) are in addition to all other powers of a county or municipality; and

(ii) may be exercised directly by a county or municipality or as otherwise provided by the governing body of the county or municipality.

(2) This section does not affect any powers conferred on a housing authority, county, or municipality by the Housing Authorities Law in Division II of the Housing and Community Development Article.

(b) A county or municipality may participate in federal lower–income housing assistance programs and for this purpose may:

(1) enter into contracts with the United States or a federal agency;

(2) accept and expend assistance payments related to existing, newly constructed, or substantially rehabilitated housing;

(3) act as a public housing agency as defined in federal law; and

(4) do all things necessary or convenient to participate in the program.

§ 1-804

(a) After consultation with the Department of Budget and Management, the Secretary of Planning shall adopt regulations that require a county or municipality to submit information, as required in this section, on federal aid, including grants, instructional contracts, loans, research contracts, and other assistance.

(b) (1) Every 6 months, a county or municipality shall submit a summary notice to the Department of Planning if, during the 6–month period that the notice covers, the county or municipality received an award of federal aid in the form of an instructional contract, an instructional grant, a research contract, or a research grant.

(2) The summary notice shall state the amount of the award.

(c) (1) This subsection does not apply to an instructional contract, an instructional grant, a research contract, or a research grant.

(2) Within 30 days after a county or municipality receives an award of federal aid, the county or municipality shall submit to the Department of Planning a summary notice that states:

(i) the amount of the award; and

(ii) if the award is conditioned on matching funds:

1. the amount of those funds;

2. the source of those funds; and

3. the period for which those funds are required.

Subtitle 9

§ 1-901

The governing body of a county or a municipality may provide materials, services, or other assistance to another political subdivision for a public purpose and for mutual benefit.

§ 1-902

(a) This section applies to all counties except:

(1) Anne Arundel County;

(2) Baltimore City;

(3) Baltimore County;

(4) Howard County; and

(5) Prince George’s County.

(b) The governing body of a county may contract with another governmental entity for the joint or cooperative performance of any governmental function.

(1) accept any gift or grant from the federal or State government or any unit of federal or State government; and

(2) use the gift or grant for any lawful purpose for which it was received.

§ 1-903

(a) On request of the Director of the Baltimore City Department of Public Works, the governing bodies of Anne Arundel County, Baltimore County, or Howard County shall restrict the use of water supplied by Baltimore City to any person or property located in the county:

(1) to the same extent restrictions are imposed on the use of water by consumers in Baltimore City when there is a shortage of water; or

(2) in limited areas when required due to deficiencies in the water distribution system serving the limited areas under conditions approved by the receiving county.

(b) Before the imposition of a water restriction in a limited area of Anne Arundel County, Baltimore County, or Howard County, the Director of the Baltimore City Department of Public Works shall determine that the unrestricted use of water in all other areas of the county will have no detrimental effect on the restricted use area.

(c) The governing bodies of Anne Arundel County, Baltimore County, and Howard County may pass any ordinance, resolution, rule, or regulation necessary to impose and enforce a water restriction under this subtitle and provide penalties for the violation of a restriction.

Subtitle 10

§ 1-1001

(a) A county or municipality may establish a hospital or other facility for the care of the sick by:

(1) building or contracting for the use of a facility; or

(2) joining with another county or municipality to establish a joint facility.

(b) A county or municipality may recover the expenses incurred by a hospital or another facility in caring for a patient who is not indigent:

(1) from the patient, within 3 years after the patient is discharged from the facility; or

(2) from the estate of the patient, if the patient dies in the facility.

§ 1-1002

A hospital, as defined in § 19–301 of the Health – General Article, that is operated by a political subdivision may accept a valid credit card as payment for a bill.

§ 1-1005

In this part, “board” means a citizens nursing home board.

§ 1-1006

The county commissioners or county council of a county may establish a citizens nursing home board.

§ 1-1007

(a) (1) (i) Except as provided in subsection (d)(1) of this section, a board consists of 10 members.

(ii) The county commissioners, the county council of the county, or, subject to the confirmation of the Frederick County Council, the County Executive of Frederick County shall appoint the initial members of the board for the following terms:

1. three members for 3 years;

2. three members for 2 years; and

3. three members for 1 year.

(iii) The county commissioners, the county council, or, subject to the confirmation of the Frederick County Council, the County Executive of Frederick County shall appoint one of its members to be an ex officio member of the board.

(2) Each member of the board shall be a resident of the county.

(b) Except as provided in subsections (c) and (d)(3) of this section, a successor member shall be elected by a majority vote of the board for:

(1) a term of 3 years if a term expires; or

(2) the rest of the term if a term is vacated.

(c) Subject to the confirmation of the Frederick County Council, the Chief Executive of Frederick County shall appoint a successor member for:

(1) a term of 3 years if a term expires; or

(2) the rest of the term if a term is vacated.

(d) (1) In St. Mary’s County, the board consists of at least 10 but not more than 15 members.

(2) (i) Subject to paragraph (1) of this subsection, the County Commissioners of St. Mary’s County may create new positions on the board.

(ii) The county commissioners shall set the term for each new position to:

1. 3 years or less; and

2. ensure balanced staggering of the expiration of the terms of all members.

(3) The county commissioners shall appoint a successor member for:

(i) a term of 3 years if a term expires; or

(ii) the rest of the term if a term is vacated.

§ 1-1008

(a) The board shall elect a chair from among its members.

(b) The board shall determine the term of office of the chair.

§ 1-1009

(a) The board shall meet at least once a month to conduct its business.

(b) A member of the board serves without compensation.

§ 1-1010

(a) The board shall establish, maintain, and operate a nursing home or other facility or service for the care and treatment of aged, convalescent, and chronically ill individuals.

(b) The board has the following powers and duties:

(1) (i) to accept gifts, legacies, bequests, or endowments for purposes of the board; and

(ii) unless otherwise specified by the donor, in the discretion of the board, to spend both principal and income of a gift, legacy, bequest, or endowment for the purposes of the board;

(2) (i) to acquire and hold property in the name of the county commissioners or county council of the county;

(ii) to preserve and administer property acquired by the board; and

(iii) to sell or otherwise dispose of property acquired by the board;

(3) to provide adequate facilities and services for the care and treatment of aged, convalescent, and chronically ill individuals, including:

(i) physical care;

(ii) medical care;

(iii) nursing care;

(iv) recreational services;

(v) rehabilitative services;

(vi) special education; and

(vii) dissemination of information relating to causes and prevention of chronic and debilitating illnesses;

(4) (i) subject to item (ii) of this item, to charge fees for admission to and maintenance in a facility and for services provided; and

(ii) to charge fees to indigent individuals in direct proportion to the individual’s ability to pay;

(5) to apply to the purposes of the board all money, assets, or property the board receives;

(6) to adopt rules and regulations for the board’s facilities and services;

(7) to cooperate with and assist, as much as practicable, any unit of the State, the United States, any subdivision of either, or any person;

(8) to hire a director of any facility or service and to provide for additional employees and the qualifications and wages of the employees;

(9) to require any facility or service to maintain standards to qualify for a license as a hospital under Title 19, Subtitle 3, Part III of the Health – General Article; and

(10) to integrate each of the board’s facilities with those of the Secretary of Health.

§ 1-1011

The board shall adopt rules to govern its operations.

§ 1-1012

(a) As much as possible, the activities of the board shall be supported by the public, voluntary contributions, fees and charges, and payments from the State and federal government.

(b) To maintain an adequate level of medical and nursing care for aged, convalescent, and chronically ill individuals, the county commissioners or county council of a county may:

(1) make annual appropriations to support the operations of the board; and

(2) make appropriations or borrow funds for land acquisition and capital improvements and issue bonds, notes, or other evidence of indebtedness.

§ 1-1013

The board shall report annually to the county commissioners or county council of the county on the activities of the board during the preceding year, including any recommendations or requests the board considers appropriate to achieve the objectives and purposes of this part.

§ 1-1014

In addition to the authority provided in this part, the governing body of Frederick County may establish, maintain, and operate a nursing home or other facility or service for the care and treatment of aged, convalescent, and chronically ill individuals in Frederick County.

§ 1-1017

(a) (1) The county commissioners or county council of a county may cooperate, consistent with this subtitle, for the construction or reconstruction of hospitals or related facilities by contributing up to one–third of the cost of any hospital or related facility.

(2) To pay the county contribution under this subsection, the county commissioners or county council may:

(i) use general fund revenues of the county; or

(ii) within the limits of any restriction on the borrowing power of the county, issue bonds, notes, or other evidence of indebtedness, pledging the full faith and credit of the county to the payment of principal of and interest on the bonds, notes, or evidence of indebtedness.

(3) For the purposes of this subsection, the Secretary of Health, as the sole unit to represent the State, shall cooperate with the county.

(b) (1) The County Commissioners of Kent County may cooperate, consistent with this subtitle, for the construction of a nursing home or related facilities by contributing up to one–third of the cost of the nursing home or related facilities.

(2) A nursing home constructed under this subsection shall have at least 25 beds.

(3) To pay the county contribution under this subsection, the county commissioners may:

(i) use general fund revenues of the county; or

(4) For the purposes of this subsection, the Secretary of Health, as the sole unit to represent the State, shall cooperate with the county commissioners.

(c) (1) The County Commissioners of Somerset County shall cooperate, consistent with this subtitle, for the construction of a nursing home hospital or related facilities by contributing up to $200,000 of the cost of any nursing home hospital or related facilities.

(2) A nursing home hospital constructed under this subsection shall:

(i) have 60 beds;

(ii) be located in the town of Crisfield, on the same grounds as McCready Hospital;

(iii) have a corridor connecting it to McCready Hospital; and

(iv) be known as the Alice Byrd Tawes Nursing Home.

(3) To pay the county contribution under this subsection, the county commissioners may:

(i) use general fund revenues of the county; or

Subtitle 11

§ 1-1101

(a) In this subtitle the following words have the meanings indicated.

(b) “Bond” means a bond, note, or other similar instrument that a county or municipality issues under this subtitle.

(c) “Chief executive” means the president, chair, mayor, county executive, or any other chief executive officer of a county or municipality.

(d) “Commercial property” means real property that is:

(1) not designed principally or intended for human habitation; or

(2) used for human habitation and is improved by more than four single family dwelling units.

(e) (1) “Environmental remediation project” means a project that is intended to remove environmental or health hazards.

(2) “Environmental remediation project” includes:

(i) a project that promotes indoor air and water quality;

(ii) asbestos remediation;

(iii) lead paint removal; and

(iv) mold remediation.

(f) “Program” means a clean energy loan program established under this subtitle.

(g) (1) “Resiliency project” means a project that is intended to increase the capacity of a property to withstand natural disasters and the effects of climate change.

(2) “Resiliency project” includes:

(i) a flood mitigation project;

(ii) a stormwater management project;

(iii) a project to increase fire or wind resistance;

(iv) a project to increase the capacity of a natural system;

(v) an inundation adaptation project;

(vi) alternative vehicle charging infrastructure; and

(vii) energy storage.

§ 1-1102

A county or municipality may enact an ordinance or a resolution to establish a clean energy loan program.

§ 1-1103

(a) The purpose of a program is to provide loans to residential property owners, including low income residential property owners, and commercial property owners to finance or refinance:

(1) energy and water efficiency projects;

(2) environmental remediation projects;

(3) renewable energy projects; and

(4) resiliency projects.

(b) A private lender may provide capital for a loan provided to a commercial property owner under the program.

§ 1-1104

(a) An ordinance or resolution enacted under § 1–1102 of this subtitle shall provide for:

(1) eligibility requirements for participation in the program, including eligibility requirements for:

(i) energy and water efficiency projects, renewable energy devices, environmental remediation projects, and resiliency projects; and

(ii) property and property owners; and

(2) loan terms and conditions, including a provision that requires that a loan be repaid over a term not to exceed the useful life of the project as determined by the program.

(b) Eligibility requirements under subsection (a) of this section shall include a requirement that the county or municipality give due regard to the property owner’s ability to repay a loan provided under the program, in a manner substantially similar to that required for a mortgage loan under §§ 12–127, 12–311, 12–409.1, 12–925, and 12–1029 of the Commercial Law Article.

§ 1-1105

(a) Subject to subsection (c) of this section, a program shall require a property owner to repay a loan provided under the program through a surcharge on the owner’s property tax bill.

(b) Except for a surcharge authorized under subsection (c) of this section, a county or municipality may not set a surcharge greater than an amount that allows the county or municipality to recover the costs associated with:

(1) issuing bonds to finance the loan; and

(2) administering the program.

(c) With the express consent of any holder of a mortgage or deed of trust on a commercial property that is to be financed through a loan to the commercial property owner under the program:

(1) a county or municipality may collect loan payments owed to a private lender or to the county or the municipality for a loan to a commercial property owner, and costs associated with administering the program, through a surcharge on the property owner’s property tax bill;

(2) an unpaid surcharge under this subsection shall be, until paid, a lien on the real property on which it is imposed from the date it becomes payable; and

(3) the provisions of Title 14, Subtitle 8 of the Tax – Property Article that apply to a tax lien shall also apply to a lien created under this subsection.

(d) A person who acquires property subject to a surcharge under this section assumes the obligation to pay the surcharge.

§ 1-1106

(a) A county or municipality may issue bonds to finance loans made through a program.

(b) To issue a bond, a county or municipality shall adopt an ordinance or a resolution that specifies the maximum principal amount of the bond.

(1) specify the items listed in subsection (d) of this section;

(2) authorize the finance board of the county or municipality to specify those items by ordinance or resolution; or

(3) authorize the chief executive to specify those items by executive order.

(d) For each issuance of a bond, the county or municipality may specify:

(1) the principal amount;

(2) the interest rate or, for floating or variable rates of interest, the method to determine the interest rate;

(3) the manner and terms of sale, including whether by competitive or negotiated sale;

(4) the time of execution, issuance, and delivery;

(5) the form and denomination;

(6) the source, manner, times, and places to pay principal or interest;

(7) conditions for redemption before maturity;

(8) the purposes for which proceeds may be spent;

(9) the source of security; and

(10) other provisions that are necessary or desirable to effect the program.

§ 1-1107

(a) A county or municipality may incur general obligation debt for the purposes under this subtitle.

(b) Subject to subsection (c) of this section, a county or municipality may issue bonds to finance loans made under a program in accordance with the procedures of the county or municipality for authorization to sell and issue other evidences of indebtedness.

(c) A bond issued in accordance with an ordinance or a resolution that pledges the full faith and credit of a county or municipality is subject to:

(1) any applicable requirement of the Maryland Constitution and the county’s or municipality’s charter and laws on referendum for the issuance of general obligation debt; and

(2) any limitation imposed by public general law, public local law, or charter on general obligation debt of the county or municipality.

§ 1-1108

(a) A bond:

(1) may be in bearer form;

(2) may be registrable as to principal alone or as to both principal and interest; and

(3) is a security under § 8–102 of the Commercial Law Article, whether or not the bond is one of a class or series or is divisible into a class or series of instruments.

(b) (1) A bond shall be signed manually or in facsimile by the chief executive.

(2) An officer’s signature or facsimile signature on a bond remains valid even if the officer leaves office before the bond is delivered.

(3) The seal of the county or municipality shall be affixed to the bond and attested to by the clerk or other similar administrative officer of the county or municipality.

(2) Bonds may be issued as serial bonds or term bonds with provisions for a mandatory sinking fund or other annual principal redemption beginning not later than 3 years after the date of issue.

(d) (1) A bond shall be sold in the manner, at public sale or private negotiated sale, and on the terms at, above, or below par, as the county or municipality considers best.

(2) A bond is not subject to §§ 19–205 and 19–206 of this article.

§ 1-1109

(a) A bond, the transfer of a bond, the interest payable on a bond, the income derived from a bond, and the profit realized on the sale or exchange of a bond are exempt from State and local taxes.

(b) A county or municipality may issue bonds without regard to the federal tax status of the bonds.

§ 1-1110

In an action involving the validity or enforceability of a bond or security for a bond, a finding by a county or municipality is conclusive as to:

(1) the public purpose of an action taken under this subtitle; and

(2) any other matter relating to the issuance of a bond.

Subtitle 12

§ 1-1201

(a) In this subtitle the following words have the meanings indicated.

(b) “Distribute” means to:

(1) give, sell, deliver, dispense, or issue;

(2) offer to give, sell, deliver, dispense, or issue; or

(3) cause or hire any person to give, sell, deliver, dispense, or issue or offer to give, sell, deliver, dispense, or issue.

(i) intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains:

1. tobacco; or

2. nicotine; or

(ii) an accessory or a component used in any manner of consumption of a product described in item (i) of this paragraph.

(2) “Tobacco product” includes:

(i) cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus;

(ii) electronic smoking devices; and

(iii) filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content.

(3) “Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.

§ 1-1202

(a) This section applies only in:

(1) Carroll County; and

(2) Garrett County.

(b) This section does not apply to:

(1) the sale of a tobacco product from a vending machine that complies with State law;

(2) a tobacconist establishment that engages primarily in the sale of tobacco products other than cigarettes, as defined in § 16–101 of the Business Regulation Article; or

(3) a business that engages primarily in the retail sale of beer, wine, and liquor.

(c) A person who owns or operates a business that engages in the retail sale of a tobacco product may not store or display a tobacco product unless the tobacco product:

(1) is not immediately accessible to customers; and

(2) is accessible only to the owner or operator of the business or an agent of the owner or operator.

(d) A person who violates subsection (c) of this section commits a civil infraction and is subject to a civil penalty of:

(1) $100 for the first violation; and

(2) $300 for any subsequent violation.

(e) A citation for a second violation may not be issued within 30 days after the date of the first citation.

(f) After a citation is issued for a second violation, a citation may be issued each day that the violation continues after the date of the second citation.

§ 1-1203

(a) This section applies only in:

(1) Carroll County;

(2) Cecil County;

(3) Garrett County; and

(4) St. Mary’s County.

(b) Subsection (c)(3) of this section does not apply to the distribution of a coupon that is redeemable for a tobacco product if the coupon:

(1) is contained in a newspaper, magazine, or other type of publication and the coupon is incidental to the primary purpose of the publication; or

(2) is sent through the mail.

(1) distribute a tobacco product to an individual under the age of 21 years, unless the individual is acting solely as the agent of the individual’s employer who is engaged in the business of distributing tobacco products;

(2) distribute cigarette rolling papers to an individual under the age of 21 years; or

(3) distribute to an individual under the age of 21 years a coupon redeemable for a tobacco product.

(d) A person has not violated this section if:

(1) the person examined the driver’s license or other valid government–issued identification presented by the recipient of a tobacco product, cigarette rolling paper, or coupon redeemable for a tobacco product; and

(2) the license or other identification positively identified the recipient as being at least 21 years old.

(e) (1) In Carroll County and St. Mary’s County, a person who violates this section commits a civil infraction and is subject to a civil penalty of:

(i) $300 for the first violation; and

(ii) $500 for any subsequent violation within 24 months after the previous citation.

(2) In Cecil County, a person who violates this section commits a civil infraction and is subject to a civil penalty of:

(i) $300 for the first violation;

(ii) $500 for a second violation; and

(iii) $750 for any subsequent violation.

(3) In Garrett County, a person who violates this section commits a civil infraction and is subject to a civil penalty not exceeding $300.

§ 1-1204

(a) (1) Except as otherwise provided in paragraph (2) of this subsection, a county health officer or a designee of a county health officer may issue a civil citation to a person who violates this subtitle.

(2) In Cecil County, only a sworn law enforcement officer may issue a civil citation to a person who violates this subtitle.

(b) A citation issued under this subtitle shall include:

(1) the name and address of the person charged;

(2) the nature of the violation;

(3) the location and time of the violation;

(4) the amount of the civil penalty;

(5) the manner, location, and time in which the civil penalty may be paid;

(6) the cited person’s right to elect to stand trial for the violation; and

(7) a warning that failure to pay the civil penalty or to contest liability in a timely manner in accordance with the citation:

(i) is an admission of liability; and

(ii) may result in an entry of a default judgment that may include the civil penalty, court costs, and administrative expenses.

§ 1-1205

(a) (1) Except as otherwise provided in paragraph (2) of this subsection, a person who receives a citation under this subtitle may elect to stand trial for the violation by filing a notice of intention to stand trial with the county health officer at least 5 days before the date set in the citation for the payment of the civil penalty.

(2) In Cecil County, a person who receives a citation under this subtitle may elect to stand trial for the violation by filing a notice of intention to stand trial and a copy of the citation with the District Court at least 5 days before the date set in the citation for payment of the civil penalty.

(b) After receiving a notice of intention to stand trial under subsection (a)(1) of this section, the county health officer shall forward the notice and a copy of the citation to the District Court.

(c) After receiving the citation and notice, the District Court shall schedule the case for trial and notify the defendant of the trial date.

§ 1-1206

(a) In a proceeding before the District Court, a violation of this subtitle shall be prosecuted in the same manner and to the same extent as a municipal infraction under §§ 6–108 through 6–115 of this article.

(b) The governing body of the county in which the violation occurred may authorize the county attorney to prosecute a civil infraction under this subtitle.

§ 1-1207

If the District Court finds that a person has committed a civil infraction under this subtitle, the court may assess the costs of the proceedings against the person.

§ 1-1208

The District Court shall remit any penalties it collects for a violation of this subtitle to the county in which the violation occurred.

§ 1-1209

Adjudication of a violation of this subtitle is not a criminal conviction for any purpose.

Subtitle 13

§ 1-1301

(a) (1) In this section the following words have the meanings indicated.

(2) “Department” means the State Department of Assessments and Taxation.

(3) “Governing authority” means:

(i) the governing body of a county or municipality;

(ii) a board of directors; or

(iii) any other body that governs an entity to which this section applies.

(b) This section applies to the following governmental entities:

(1) counties;

(2) municipalities;

(3) bicounty or multicounty agencies;

(4) public authorities;

(5) special taxing districts; and

(6) any other political subdivision or unit of a political subdivision of the State.

(1) a resident of the State;

(2) a Maryland corporation; or

(3) an officer of the governmental entity.

(d) A governmental entity shall designate or change its resident agent by filing for record with the Department:

(1) a certification of the person who the charter of the governmental entity authorizes to accept service of process for the governmental entity; or

(2) absent a charter designation, a certified copy of a resolution of the governmental entity’s governing authority that authorizes the designation.

(e) (1) A governmental entity may change the address for its resident agent by filing for record with the Department a statement of the change signed by the chair or other principal officer of the governing authority of the governmental entity.

(2) A resident agent whose address changes may notify the Department by filing for record with the Department a statement of the change signed by or for the resident agent.

(f) A resident agent may resign by filing a statement of resignation with the Department.

(g) There is no fee for a filing under this section.

(h) A designation, change of agent, change of address, or resignation is effective as provided in the Corporations and Associations Article for a corporate resident agent.

(i) (1) Service of process on the resident agent of a governmental entity constitutes effective service of process under the Maryland Rules on the governmental entity in an action brought against the governmental entity.

(2) Any notice required by law to be served by personal service on the resident agent or any other agent or officer of a governmental entity may be served in the manner provided by the Maryland Rules that relate to service of process on governmental entities.

(3) Service under the Maryland Rules is equivalent to personal service on the resident agent or other agent or officer of a governmental entity.

§ 1-1302

(a) Subject to subsection (c) of this section, if a State law or regulation requires a county or municipality to adopt legislation or a regulation at least as strict or effective as the applicable State law or regulation, the county or municipality may adopt the State law or regulation by reference.

(b) If a county or municipality adopts a State law or regulation by reference, the county or municipality shall specify:

(1) whether it also adopts by reference any amendments to the State law or regulation effective after the local adoption of the State law or regulation by reference; and

(2) any exceptions to the State law or regulation if the State law or regulation authorizes local options.

(1) does not affect any requirement that a county or municipality form and maintain a local program, plan, or standard, including implementation and enforcement processes, required under any State law or any regulation adopted under the authority of that law; and

(2) if a State law or regulation adopted under the authority of that law authorizes local options, does not grant more authority than is granted by that law or regulation.

§ 1-1303

(a) In this section, “regulation” has the meaning stated in § 10–101 of the State Government Article.

(b) This section does not apply to a unit of State government.

(c) Each governmental and quasi–governmental unit shall compile, index, and publish its regulations that affect a member of the general public.

§ 1-1304

(a) In this section, “civil penalty” means a civil fine or other monetary penalty administratively imposed.

(b) Unless otherwise provided by statute, ordinance, or regulation, an officer or unit of a county, municipality, bicounty agency, or board of license commissioners authorized by law to impose a civil penalty up to a specific dollar amount for violation of a statute, ordinance, or regulation shall consider the following in setting the amount of the civil penalty:

(1) the severity of the violation;

(2) the good faith of the violator; and

(3) any history of prior violations.

§ 1-1305

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Fair market value” means a value that:

1. is determined by a schedule adopted by the Department of Transportation; and

2. includes the value of the integral parts of an outdoor advertising sign, less depreciation.

(ii) “Fair market value” does not include loss of revenue.

(3) (i) “Outdoor advertising sign” means an off–premises outdoor sign that is:

1. commercially owned and maintained; and

2. used to advertise goods or services for sale in a location other than the location where the sign is placed.

(ii) “Outdoor advertising sign” includes a sign composed of painted bulletin or poster panel, generally referred to as a billboard.

(b) A county or municipality shall pay the fair market value of an outdoor advertising sign that:

(1) was lawfully erected and maintained under a State, county, or municipal law or ordinance; and

(2) is removed or required to be removed by the county or municipality.

§ 1-1306

(a) In this section, “covered employee” has the meaning stated in § 9–101 of the Labor and Employment Article.

(b) Before a county or municipality may issue a license or permit to an employer to engage in an activity in which the employer may employ a covered employee, the employer shall file with the issuing authority:

(1) a certificate of compliance with the Maryland Workers’ Compensation Act; or

(2) the number of a workers’ compensation insurance policy or binder.

§ 1-1307

The population count used after each decennial census to create the legislative districts that are used to elect the governing body of a county or a municipality:

(1) may not include individuals who:

(i) were incarcerated in State or federal correctional facilities, as determined by the decennial census; and

(ii) were not residents of the State before their incarceration; and

(2) shall include individuals incarcerated in State or federal correctional facilities, as determined by the decennial census, at their last known residence before incarceration if the individuals were residents of the State.

§ 1-1308

To support, foster, or promote an affordable housing program for individuals or families of low or moderate income, a county or municipality may:

(1) establish local trust funds or appropriate funds;

(2) waive or modify building permit or development impact fees and charges that are not mandated under State law for the construction or rehabilitation of lower income housing units:

(i) in proportion to the number of lower income housing units of a development; and

(ii) 1. that are financed, wholly or partly, by public funding that requires mortgage restrictions or recorded covenants restricting the rental or sale of the housing units to lower income residents in accordance with specific government program requirements; or

2. that are developed by a nonprofit organization that:

A. has been exempt from federal taxation under § 501(c)(3) of the Internal Revenue Code for at least 3 years; and

B. requires the homebuyer to participate in the construction or rehabilitation of the housing unit;

(3) enact legislation that restricts cost and resale prices and requires development of affordable housing units as part of any subdivision in return for added density;

(4) provide land or property from the inventory of the county or municipality; and

(5) support PILOT (payment in lieu of taxes) programs to encourage construction of affordable housing.

§ 1-1309

(a) In this section, “electric company” has the meaning stated in § 1–101 of the Public Utilities Article.

(b) This section applies to all counties and municipalities.

(c) On written request by a county or municipality, an electric company shall sell to the county or municipality some or all of the electric company’s existing street lighting equipment that is located in the county or municipality.

(d) If the county or municipality purchases street lighting equipment from an electric company, the county or municipality shall pay to the electric company the fair market value of the street lighting equipment.

(e) A county or municipality that purchases street lighting equipment in accordance with this section:

(1) shall be responsible for the maintenance of the street lighting equipment; and

(2) may contract with an outside entity for the maintenance of the street lighting equipment.

(f) (1) Any person who controls the right to use space on any pole, lamppost, or other mounting surface previously used in the county or municipality by the electric company for street lighting equipment shall allow a county or municipality that has purchased the street lighting equipment to assume the rights and obligations of the electric company with respect to the space for the unexpired term of any lease or other agreement under which the electric company used the space.

(2) Notwithstanding paragraph (1) of this subsection, the county or municipality may not restrict or prohibit universal access for electricity or any other service by assuming the rights and obligations of an electric company as to space on any pole, lamppost, or other mounting surface used for street lighting equipment.

(3) Any dispute between an electric company and a county or municipality arising under this subsection shall be submitted to the Public Service Commission for resolution.

§ 1-1310

(a) In this section, “swimming pool” means a pool that is owned and operated by the governing body of a county or municipality.

(b) (1) Each county or municipality that owns or operates a swimming pool shall develop and implement an automated external defibrillator program that meets the requirements of § 13–517 of the Education Article for each swimming pool owned or operated by the county or municipality.

(2) The program required under paragraph (1) of this subsection shall include provisions that:

(i) ensure an automated external defibrillator is provided on–site; and

(ii) an individual trained in the operation and use of an automated external defibrillator is present at each swimming pool.

(c) The Maryland Department of Health and the Maryland Institute for Emergency Medical Services Systems jointly shall adopt regulations that:

(1) establish guidelines for periodic inspections and annual maintenance of the automated external defibrillators; and

(2) assist each county or municipality in carrying out the provisions of this section.

§ 1-1311

(a) A county or municipality, in developing a construction or improvement project involving a bridge or other transportation facility that is adjacent to or crosses a waterway, shall consider any reasonable and appropriate measures to provide or improve in the vicinity of the bridge or other transportation facility water access for fishing, canoeing, kayaking, or any other nonmotorized water dependent recreational activity.

(b) A county or municipality, in consultation with the Department of Natural Resources and interested stakeholders, shall establish:

(1) standards and guidelines for identifying appropriate bridges and other transportation facilities to be considered for the provision or improvement of water access under this section; and

(2) best practices and cost effective strategies for accommodating water access under this section.

§ 1-1312

(a) (1) In this section the following words have the meanings indicated.

(2) “Alarm system contractor” has the meaning stated in § 12–806 of this article.

(3) “Alarm user” has the meaning stated in § 12–806 of this article.

(b) This section applies to all counties and municipalities.

(c) If a county or municipality requires an alarm user or an alarm system contractor to register an alarm system, the county or municipality may impose a penalty against an alarm system contractor for failure to register an alarm system only if:

(1) the alarm system contractor requested a dispatch to an alarm user; and

(2) the alarm system contractor failed to register the alarm system.

(d) If a county or municipality requires an alarm user or an alarm system contractor to renew an alarm system’s registration, the county or municipality may impose a penalty against an alarm system contractor for failure to renew an alarm system’s registration only if:

(1) the alarm system contractor requested a dispatch to an alarm user;

(2) the alarm system contractor failed to renew the alarm system’s registration; and

(3) the county or municipality provided the alarm system contractor notice that:

(i) the alarm system’s registration expired;

(ii) the alarm user or the alarm system contractor did not renew the alarm system’s registration; or

(iii) the alarm system’s registration has been suspended.

§ 1-1314

(a) This section applies to all counties and municipalities.

(b) (1) Within the first 12 months of employment, a new officer of a humane society or animal control shall satisfactorily complete at least 80 hours of training for animal care and control professionals that is approved by the appropriate unit of a county or municipality.

(2) The training shall include instruction on:

(i) animal cruelty investigations;

(ii) the association between animal abuse and the abuse of the elderly or domestic violence, as defined in § 4–701 of the Family Law Article;

(iii) the use of legal resources, including constitutional law, the Annotated Code of Maryland, and county codes;

(iv) lawful searches and seizures;

(v) professionalism and ethical standards;

(vi) evidence collection and the chain of custody;

(vii) preparation for civil and criminal proceedings, including basic trial principles and due process protections;

(viii) conflict resolution and officer safety, including physical and mental health; and

(ix) animal diseases and zoonosis.

(3) The unit of the county or municipality may require other training in addition to the training specified in paragraph (2) of this subsection.

(c) (1) An officer of a humane society or animal control shall satisfactorily complete at least 6 hours of continuing education approved by the appropriate unit of a county or municipality every year.

(2) The continuing education shall include instruction on the current laws applicable to officers.

§ 1-1315

(a) This section applies to all counties and municipalities.

(b) (1) Subject to paragraph (2) of this subsection, an animal control facility operated by a county or municipality shall waive the adoption fee for a dog or cat adopted by a veteran who presents a valid driver’s license or identification card issued by the Motor Vehicle Administration that includes a notation of veteran status in accordance with § 12–302 of the Transportation Article.

(2) An animal control facility may limit the number of adoption fee waivers granted to an individual under this subsection to one dog and one cat within a 6–month period.

§ 1-1316

(a) A unit of a county or municipal government may not knowingly use public funds to influence the decisions of county or municipal employees to:

(1) support or oppose an employee organization that represents or seeks to represent the employees of the county or municipality; or

(2) become a member of an employee organization.

(b) This section does not apply to an activity performed or an expense incurred in connection with:

(1) addressing a grievance or negotiating or administering a collective bargaining agreement;

(2) allowing an employee organization or a representative of an employee organization access to and use of a county’s or municipality’s facilities or properties;

(3) performing an activity required by federal or State law or a collective bargaining agreement;

(4) negotiating, entering into, or carrying out a voluntary recognition agreement with an employee organization; or

(5) paying wages to a represented employee while the employee is performing duties if the payment is permitted under a collective bargaining agreement.

§ 1-1317

(a) In this section, “amateur radio” means the use of a radio frequency spectrum for purposes of noncommercial exchange of messages, wireless experimentation, self–training, private recreation, radiosport, contesting, or emergency communication by a duly authorized person interested in radioelectric practice with a purely personal aim and without pecuniary interest.

(b) This section applies to all counties and municipalities.

(c) It is the intent of the General Assembly to codify the provisions of 47 C.F.R. § 97.15 concerning the Federal Communications Commission’s preemption of local ordinances regulating amateur radio station antenna structures.

(d) A county or municipal ordinance regulating amateur radio station antenna structures:

(1) may not preclude amateur radio communications;

(2) shall reasonably accommodate amateur radio communications; and

(3) shall constitute the minimum practicable regulation to accomplish the legitimate purpose of the ordinance.

§ 1-1318

(a) (1) In this section the following words have the meanings indicated.

(2) “Invasive bamboo” means nonnative bamboo that is characterized by aggressive spreading behavior, including bamboo species in the genus Phyllostachys.

(3) “Listed invasive tree” means any tree on the “Maryland Prohibited Invasive Plant List” posted by the Department of Agriculture.

(4) “Native tree replacement program” means a program whereby a person receives a native tree in exchange for removing and eradicating an invasive tree.

(5) “Tree of heaven” means the Ailanthus altissima tree species.

(b) This section applies to all counties and municipalities.

(c) The governing body of a county or municipality, by ordinance, may regulate invasive bamboo, listed invasive trees, or trees of heaven, including by prohibiting a person from:

(1) selling invasive bamboo, listed invasive trees, or trees of heaven;

(2) planting invasive bamboo, listed invasive trees, or trees of heaven;

(3) allowing invasive bamboo to grow on the property of the person without proper upkeep and appropriate containment measures, including barriers or trenches; and

(4) allowing trees of heaven or other listed invasive trees to grow on the person’s property.

(d) The governing body of a county or municipality may provide for the enforcement of an ordinance adopted under this section by:

(1) requiring any damages caused by invasive bamboo, listed invasive trees, or trees of heaven to be mitigated; and

(2) establishing a civil fine.

(e) The governing body of a county or municipality may establish a bounty or native tree replacement program to incentivize the removal and eradication of trees of heaven and other listed invasive trees.

(f) A bounty or native tree replacement program established by a county or municipality shall require:

(1) an invasive tree to be properly identified consistent with the species page published by the University of Maryland agriculture extension; and

(2) the invasive species, after being properly identified, to be removed or eradicated according to professionally accepted methods or consistent with methodology on the species page published by the University of Maryland agriculture extension.

§ 1-1319

(a) (1) In this section the following words have the meanings indicated.

(2) “Condominium association” means a council of unit owners, as defined in § 11–109 of the Real Property Article, subject to the provisions of the Maryland Condominium Act.

(3) “Homeowners association” means a homeowners association, as defined in § 11B–101 of the Real Property Article, subject to the provisions of the Maryland Homeowners Association Act.

(b) (1) A county or municipality may establish a local trust fund or other appropriate fund for the purpose of repairing or rehabilitating infrastructure within communities that are subject to the requirements of the Maryland Condominium Act or the Maryland Homeowners Association Act.

(2) A fund created under paragraph (1) of this subsection:

(i) may be used, at the discretion of a county or municipality, for the repair of infrastructure that is traditionally maintained by the county or municipality for the benefit of the public, including roads and stormwater management facilities; and

(ii) may not be used to repair or replace recreational facilities used for the exclusive use or benefit of the members of a condominium association or homeowners association or their guests.

(i) property tax revenues paid to the county or municipality by unit owners in a condominium or lot owners in a homeowners association;

(ii) other appropriations made by the county or municipality for the benefit of the fund;

(iii) gifts or donations made to the fund; and

(iv) investment earnings of the fund.

(2) A county or municipality shall assign property tax revenues paid to the county or municipality by the unit owners in a condominium association or the lot owners in a homeowners association to a fund established in accordance with this section as follows:

(i) 25% of the revenues per year for any condominium association or homeowners association that has not received support from the fund since the date on which the fund was established; and

(ii) not less than 10% but not more than 25% of the revenues per year for any condominium association or homeowners association that has received support from the fund since the date on which the fund was established.

(d) (1) Subject to paragraph (2) of this subsection, a county or a municipality may establish eligibility requirements for the award of funds to a condominium association or homeowners association.

(2) (i) A county or municipality shall prioritize support for condominium associations and homeowners associations that exhibit the greatest need for infrastructure repair or rehabilitation.

(ii) When evaluating the need for funding to support infrastructure repair, a county or municipality may consider the availability of other funds and resources on which a condominium association or homeowners association may rely.

§ 1-1320

(a) (1) In this section the following words have the meanings indicated.

(2) “Administration” means the Maryland Energy Administration.

(3) “Residential energy storage system” means a system, on a residential customer’s side of the meter, used to store electrical energy, or mechanical, chemical, or thermal energy that was once electrical energy, for use as electrical energy at a later date or in a process that offsets electricity use at peak times.

(4) “Residential solar energy system” means any configuration of solar energy devices that collects and distributes solar energy for the purpose of generating electricity and that has a single residential interconnection with the electrical grid.

(5) “Restriction on use” has the meaning stated in § 2–126 of the Real Property Article.

(6) “Solar permitting fee” means a fee equal to the sum of all charges imposed by a county or municipality, including charges imposed by a provider of solar permitting software, in connection with an application for a residential solar energy system.

(7) “Solar permitting software” means software or a combination of software that:

(i) automates plan review for residential solar energy systems to the most recent version of, as applicable:

1. the Maryland Building Performance Standards;

2. the National Electrical Code, including legally adopted local amendments; and

3. locally adopted building codes;

(ii) produces code–compliant approvals;

(iii) issues a code–compliant permit;

(iv) accepts online payments for any permitting fees imposed;

(v) issues permits or permit revisions immediately on receipt of online submission of permitting fee payments, if applicable;

(vi) is capable of processing a majority of residential solar energy system applications; and

(vii) when a permit is issued, immediately notifies a county or municipality, as applicable, of the issuance of the permit and allows access to approved application materials.

(b) (1) This section applies to all counties and municipalities.

(2) This section does not apply to a restriction on use on:

(i) historic property that is listed in or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in the Maryland Register of Historic Properties; or

(ii) property located within a district designated by the applicable local jurisdiction to be of historic significance in accordance with § 8–105 of the Land Use Article.

(c) (1) Subject to subsection (d) of this section and except as provided in subsection (e) of this section, on or before August 1, 2027, each county and municipality shall implement solar permitting software for features supporting the application submission, tracking, and approval of residential building permits for:

(i) residential solar energy systems;

(ii) residential energy storage systems;

(iii) main electrical panel upgrades; and

(iv) main electrical panel derates.

(2) A county or municipality shall:

(i) complete a remote or in–person inspection required for a project permitted by solar permitting software within an average of 5 business days after receiving a properly completed request for inspection; and

(ii) make publicly available annual data for the average inspection time for projects permitted by solar permitting software.

(3) Review of a permit application to install a residential solar energy generating system that is submitted using solar permitting software shall be limited to a determination whether the application meets all health and safety requirements under State and local law.

(4) A county or municipality shall complete any manual review of a software–approved permit within 5 business days after the permit is approved.

(5) (i) This paragraph applies only to a residential solar energy system:

1. that is or will be installed on a residential rooftop; and

2. with a generating capacity of less than 20 kilowatts, as measured by the alternating current rating of the system’s inverter.

(ii) Except as provided in subparagraph (iii) of this paragraph, beginning August 1, 2027, a county or municipality may not set a permitting fee for permits issued by solar permitting software that exceeds $500 for residential solar energy systems.

(iii) A third–party payment processing charge may be assessed for permits issued by solar permitting software in addition to the maximum permitting fee under subparagraph (ii) of this paragraph.

(6) An inspector may review construction documents that are produced by the solar permitting software.

(d) A county or municipality may not be required to comply with the requirements of subsection (c) of this section if:

(1) the county or municipality does not require a permit for:

(i) residential solar energy systems; or

(ii) residential solar energy systems paired with a residential solar energy storage system; or

(2) as determined by the Administration, the automated software is no longer updated or maintained.

(e) The Administration shall delay the initial implementation or suspend the requirements of subsection (c) of this section if there are insufficient State or federal funds available to the Administration to provide financial support to a county or municipality implementing solar permitting software.

(f) (1) Subject to paragraph (2) of this subsection, an electric company, other than a municipal electric utility or a third–party contractor for the electric company, shall perform any meter disconnection and reconnection necessary for the interconnection of a residential solar energy system or residential energy storage system within 5 business days after receiving a properly completed request from the owner or installer of the system.

(2) An electric company may authorize qualified personnel who are not associated with the electric company to perform any meter disconnection and reconnection necessary for the interconnection of a residential solar energy system or a residential energy storage system.

(3) This subsection may not be construed to alter requirements for small generator facility interconnection standards established by the Public Service Commission.

(g) The Attorney General may seek judicial enforcement against a county or municipality that fails to comply with this section.

Subtitle 14

§ 1-1401

(a) In this subtitle the following words have the meanings indicated.

(b) “Authority” means a nonprofit or quasi–governmental entity created by one or more local governments under § 1–1403 of this subtitle.

(d) (1) “Bond” means a bond issued by an authority under this subtitle.

(2) “Bond” includes a bond, a refunding bond, a note, and any other obligation.

(e) “Cost” includes:

(1) the purchase price of property;

(2) the cost to acquire any right, title, or interest in property;

(3) the cost of any improvements made to property;

(4) the amount to be paid to discharge each obligation necessary or desirable to vest title to any part of property in an authority or other owner;

(5) the cost of any property, right, easement, franchise, or permit associated with a project;

(6) the cost of labor, machinery, and equipment necessary to implement a project;

(7) financing charges;

(8) interest and reserves for principal and interest and for improvements;

(9) the cost of revenue and cost estimates, engineering and legal services, plans, specifications, studies, surveys, and other expenses necessary or incident to determining the feasibility or practicability of a project;

(10) administrative expenses; and

(11) other expenses as necessary or incident to:

(i) financing a project;

(ii) acquiring and improving a project;

(iii) placing a project in operation, including reasonable provisions for working capital; and

(iv) operating and maintaining a project.

(f) “Local government” means a municipality or a county.

(g) (1) “Project” means any organized plan carried out by an authority in relation to:

(i) acquiring and rehabilitating abandoned and dilapidated properties; and

(ii) marketing and leasing, selling, or otherwise transferring the rehabilitated properties.

(2) “Project” includes:

(i) acquiring land or an interest in land;

(ii) acquiring structures, equipment, and furnishings located on a property;

(iii) acquiring property that is functionally related and subordinate to a project; and

(iv) obtaining or contracting for any services necessary for the rehabilitation of a property.

(h) (1) “Revenue” means the income, revenue, and other money an authority receives from or in connection with a project and all other income of an authority.

(2) “Revenue” includes grants, rentals, rates, fees, and charges.

(i) “Tax sale property” means property or an interest in property sold by the tax collector of the county in accordance with Title 14, Subtitle 8, Part III of the Tax – Property Article.

(j) (1) “Trust agreement” means an agreement entered into by an authority to secure a bond.

(2) “Trust agreement” includes a bond contract, bond resolution, or other contract with or for the benefit of a bondholder.

(k) “Water and sewer authority” means an authority established under Title 9, Subtitle 9 of the Environment Article.

(l) “Water and sewer lien” means a lien established under § 9–949 of the Environment Article.

§ 1-1402

(a) This subtitle shall be liberally construed to accomplish its purposes.

(b) The powers granted to an authority under this subtitle are supplemental to powers granted to an authority under any other law.

(1) exercise the power of eminent domain; or

(2) impose any tax or special assessment.

§ 1-1403

(a) (1) By ordinance, the governing body of a local government may establish a land bank authority in accordance with this subtitle.

(2) Two or more local governments may elect to enter into an intergovernmental cooperation agreement to create a single land bank to act on behalf of the local governments, which may include one or more water and sewer authorities.

(3) An ordinance adopted under this section:

(i) is administrative in nature;

(ii) is not subject to referendum; and

(iii) in a charter county that has a publicly elected county executive or in a municipality that has a publicly elected chief executive or mayor, is subject to approval by the county executive, chief executive, or mayor.

(b) An ordinance adopted under subsection (a) of this section shall include proposed articles of incorporation of an authority that state:

(1) the name of the authority, which shall be “Land Bank Authority of (name of the incorporating local government)”;

(2) that the authority is formed under this subtitle;

(3) the names, addresses, and terms of office of the initial members of the board;

(4) the address of the principal office of the authority;

(5) the purposes for which the authority is formed; and

(6) the powers of the authority, subject to the limitations of this subtitle.

(c) (1) The chief executive, county executive, or mayor of the incorporating local government, or any other official designated in the ordinance establishing an authority, shall execute and file the articles of incorporation of the authority for recordation with the State Department of Assessments and Taxation.

(2) When the State Department of Assessments and Taxation accepts the articles of incorporation for recordation, the authority becomes a body politic and corporate and an instrumentality of the incorporating local government.

(3) Acceptance of the articles of incorporation for recordation by the State Department of Assessments and Taxation is conclusive evidence of the formation of the authority.

(d) (1) By ordinance, the governing body of the incorporating local government may adopt an amendment to the articles of incorporation of an authority.

(2) Articles of amendment may contain any provision that lawfully could be contained in articles of incorporation at the time of the amendment.

(3) The articles of amendment shall be filed for recordation with the State Department of Assessments and Taxation.

(4) The articles of amendment are effective as of the time the State Department of Assessments and Taxation accepts the articles for recordation.

(5) Acceptance of the articles of amendment for recordation by the State Department of Assessments and Taxation is conclusive evidence that the articles have been lawfully and properly adopted.

(e) (1) Subject to this section and any limitations imposed by law on the impairment of contracts, the incorporating local government, in its sole discretion, by ordinance may:

(i) set or change the structure, organization, procedures, programs, or activities of an authority; or

(ii) subject to paragraph (2) of this subsection, terminate the authority.

(2) If one or more local governments engaged in an intergovernmental cooperation agreement decide not to terminate the authority, the authority may continue to operate if:

(i) the name of the authority is revised to remove the local government that has decided to terminate its participation in the authority by withdrawal;

(ii) the withdrawing local government designates all property to remain with the authority except that:

1. on demand of a withdrawing local government that is a municipality, all property located wholly within the municipality shall be transferred to the municipality; and

2. on demand of a withdrawing local government that is a county, all property located wholly within the county and outside any municipality participating in the intergovernmental cooperation agreement shall be transferred to the county; and

(iii) all obligations of the authority to the withdrawing local government and of the withdrawing local government to the authority are assumed by the withdrawing local government.

(3) On termination of the authority:

(i) title to all property of the authority shall be transferred to and shall vest in the incorporating local government; and

(ii) all obligations of the authority shall be transferred to and assumed by the incorporating local government.

§ 1-1404

An ordinance that creates an authority shall establish a board to govern the authority and shall include provisions for:

(1) appointment procedures;

(2) powers of the board;

(3) removal procedures;

(4) term lengths; and

(5) the election of a chair.

§ 1-1405

(a) Except as limited by the authority’s articles of incorporation, an authority has all the powers specified in this subtitle.

(b) An authority may:

(1) adopt, amend, and repeal bylaws for the conduct of business of the authority;

(2) sue and be sued;

(3) maintain an office at a place the authority designates;

(4) borrow money;

(5) issue bonds and other obligations for any corporate purpose in accordance with this subtitle or an ordinance adopted under this subtitle;

(6) invest money of the authority in instruments, obligations, securities, or property;

(7) enter into contracts and execute the instruments or agreements necessary or convenient to carry out this subtitle or an ordinance adopted under this subtitle to accomplish the purposes of the authority;

(8) solicit and accept gifts, grants, loans, or other assistance in any form from any public or private source, subject to this subtitle or any ordinance adopted under this subtitle;

(9) participate in a program of the federal government, the State, a political subdivision of the State, or an intergovernmental entity created under State law;

(10) contract for goods and services;

(11) study, develop, and prepare reports or plans to assist in the authority’s exercise of powers and to monitor and evaluate the authority’s progress;

(12) contract with public or private entities for services necessary to manage and operate the authority;

(13) provide acquisition, management, and sale services to a local government for property owned by the local government;

(14) create, own, control, or be a member of a corporation, limited liability company, partnership, or other person, whether operated for profit or not for profit, for the purposes of developing property in order to maximize marketability;

(15) exercise a power usually possessed by a private corporation in performing similar functions, unless to do so would conflict with State law;

(16) insure against losses in connection with the real property, assets, or activity of the authority;

(17) design, develop, construct, demolish, rehabilitate, renovate, relocate, and otherwise improve real property or interests in real property;

(18) raise revenue by any legal means required to make the operations and activities of the authority self–sustaining; and

(19) do all things necessary or convenient to carry out the powers expressly granted by this subtitle or by an ordinance adopted under this subtitle.

(c) An authority may delegate to a member or officer a power granted to the authority by this subtitle, including the power to execute a bond, obligation, certificate, deed, lease, mortgage agreement, or other document or instrument.

§ 1-1406

(a) An authority may:

(1) acquire real property or rights or interests in real property, directly or through a person or governmental entity, by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the authority considers proper;

(2) own property in the authority’s name, including tax foreclosed property and property without clear title;

(3) sell, lease as lessor, transfer, and dispose of the authority’s interest in property;

(4) procure insurance against loss in connection with the property, assets, or activities of the authority; and

(5) execute deeds, mortgages, contracts, leases, purchases, or other agreements regarding the property of the authority.

(b) Property purchased, owned, or sold under this section may not be located outside the jurisdiction of the local government in which the authority is located.

(c) (1) An authority may quiet title or foreclose on a property in which it holds an interest that is not fee simple title by:

(i) conducting an examination of title to determine the identity of any person possessing a claim or interest in the property; and

(ii) filing a complaint to quiet title in accordance with Title 14, Subtitle 6 of the Real Property Article.

(2) An authority may join in a single complaint to quiet title or foreclose on one or more parcels of real property.

§ 1-1407

An authority may:

(1) employ staff and retain consultants; and

(2) set their compensation.

§ 1-1408

The court may appoint an authority to serve as a receiver in a receivership proceeding filed by a local government.

§ 1-1409

(a) An authority shall:

(1) adopt a code of ethics for the authority’s directors, officers, and employees;

(2) establish policies and procedures requiring:

(i) the disclosure of relationships that may create a conflict of interest; and

(ii) any member of the board with a direct or indirect interest in a matter before the authority to disclose the member’s interest to the board before the board takes any action on the matter; and

(3) comply with the Open Meetings Act.

(b) Except as otherwise provided in this subtitle or the ordinance establishing an authority, the procedures of the incorporating local government control any matter relating to the internal administration of an authority.

§ 1-1410

An authority may have the same immunities as the local government that creates the authority under § 1–1403 of this subtitle.

§ 1-1411

(a) With respect to property held or owned by the authority, the authority may:

(1) grant or acquire a license, an easement, or an option;

(2) set, charge, and collect rents, fees, and charges for use of the property;

(3) pay taxes or special assessments due;

(4) take any action, provide any notice, or institute any proceeding required to clear or quiet title in order to establish ownership by and vest title to property in the authority;

(5) abate violations of the local and State building, fire, health, and related codes; and

(6) hold, manage, maintain, operate, repair, lease as lessor, secure, prevent the waste or deterioration of, or demolish the property and take all other actions necessary to preserve the value of the property.

(b) An authority shall be made a party to, and shall defend any action or proceeding concerning, claims against property held by the authority.

§ 1-1412

(a) Property held by an authority shall be inventoried and classified according to title status and suitability for use.

(b) A clerk of the court may not charge a fee to record a document evidencing the transfer under this subtitle of property to the authority by the State or a local government.

§ 1-1413

(a) (1) After an unsuccessful attempt by the local government to collect outstanding liens at tax sale and subject to the approval of the water and sewer authority, governing body, or tax collector of the jurisdiction where the property is located, an authority may accept from a person with an interest in a parcel of water and sewer lien property, tax delinquent property, or tax sale property a deed or assignment conveying that person’s interest in the property instead of:

(i) the foreclosure or sale of the property for delinquent taxes, penalties, and interest, as defined by § 14–801(d) of the Tax – Property Article;

(ii) delinquent–specific taxes imposed by a local taxing jurisdiction; or

(iii) delinquent water and sewer liens imposed by a water and sewer authority.

(2) (i) After an unsuccessful attempt by the local government or water and sewer authority to collect outstanding liens that are delinquent and at the discretion of the governing body of the jurisdiction, the water and sewer authority, or the tax collector where the property is located, an authority may accept from the local government or water and sewer authority with an interest in a parcel of delinquent water and sewer lien property, tax delinquent property, or tax sale property its interest in the water and sewer liens or tax liens in the property.

(ii) The authority may:

1. collect on liens or taxes collected under subparagraph (i) of this paragraph and retain all payment of taxes, liens, penalties, or any interest on the liens or taxes; or

2. foreclose on, enter into a deed in lieu of foreclosure, or sell the property for the liens or taxes and retain all payment of taxes, penalties, or interest on the liens or taxes and the costs of selling the property and, if any other net proceeds remain from the sale, return any net proceeds to the tax collector for distribution on a pro rata basis to the appropriate taxing units and water and sewer authorities in a ratio equal to the delinquent taxes or water and sewer liens, penalties, and interest owed on the property.

(b) Conveyance of property by deed instead of foreclosure or transfer of a lien or tax on property under this section may not affect or impair any other lien against the property or any existing recorded or unrecorded interest in the property, including any:

(1) easement or right–of–way;

(2) future installment of a special assessment;

(3) lien recorded by the State;

(4) private deed restriction;

(5) security interest or mortgage;

(6) tax lien of another taxing jurisdiction that does not consent to a release of its lien; or

(7) water and sewer lien of a water and sewer authority that does not consent to a release of its lien.

(c) A tax lien or water and sewer lien against property held by or under the control of an authority may be released or abated at any time by:

(1) a local government with respect to a lien held by the local government;

(2) the governing body of any taxing jurisdiction other than the State, county, or municipality with respect to a lien held by the taxing jurisdiction;

(3) a public water or sewer authority with respect to a tax lien, water and sewer lien, or right to collect a tax held by the public water or sewer authority; or

(4) the Comptroller with respect to a State tax lien.

§ 1-1414

(a) Except as provided in subsections (c) and (d) of this section, money received by an authority as payment of taxes, penalties, water and sewer liens, or interest, or from the redemption or sale of property subject to a tax lien of any taxing unit, shall be returned to the tax collector in the jurisdiction where the property is located for distribution on a pro rata basis to the appropriate taxing units in an amount equal to delinquent taxes, penalties, and interest owed on the property.

(b) Proceeds received by an authority may be retained by the authority for the purposes of this subtitle, unless otherwise designated by:

(1) an agreement of the authority;

(2) the provisions of a deed;

(3) this subtitle; or

(4) any other law.

(c) Money received by an authority as payment of water and sewer liens, taxes, penalties, or interest, or from the redemption or sale of property subject to a tax lien of any taxing unit may be retained by an authority under a written agreement with a local government or a law enacted by the legislative body of a local government.

(d) (1) To facilitate a transfer of real property to an authority, the governing body for the jurisdiction where the real property is located may release any liens for unpaid real property taxes or other charges and assessments imposed by the governing body to which the property would be otherwise subject, if:

(i) 1. the total amount of liens for unpaid real property taxes, charges, and assessments imposed with respect to the property exceeds the lesser of the total value of the land and any improvement on the land as last determined by the tax assessor of the governing body or as determined by an appraisal report prepared, not more than 6 months before the request for the release of the lien, by a real estate appraiser who is licensed under Title 16 of the Business Occupations and Professions Article; or

2. the tax collector for the local government has sold the real property at a tax sale under Title 14, Subtitle 8 of the Tax – Property Article, but the tax sale certificate has become void;

(ii) the code enforcement office, housing department, or equivalent department or agency of the local government of the jurisdiction where the tax lien is held certifies that the property:

1. is a vacant lot; or

2. has a building or structure that is:

A. vacant; and

B. unsafe or unfit for habitation; and

(iii) the authority finds that a transfer under this section is necessary:

1. to eliminate a blighting influence; and

2. to prevent the tax abandonment of a property.

(2) The release of a lien for real property taxes, charges, or assessments as authorized under paragraph (1) of this subsection does not abate the transferor’s liability for the remaining amount of the tax debt.

(3) The governing body of a jurisdiction may set additional standards and requirements for approval of the release of liens under this section.

§ 1-1415

(a) An authority is exempt from any State or local tax or assessment on the authority’s properties or activities or on any revenue from the properties or activities.

(b) Except as provided in subsection (d) of this section, property that an authority sells or leases to a private entity is subject to State and local property taxes from the time of the sale or lease.

(c) The principal of and interest on bonds, the transfer of bonds, and any income derived from the bonds, including profits made on their sale or transfer, are exempt from all State and local taxes.

(d) Sale or lease to a nonprofit organization, as defined in § 1–101 of the Housing and Community Development Article, is exempt from State and local property taxes from the time of sale or lease, if:

(1) the nonprofit organization has entered into an agreement with an authority to redevelop the property; and

(2) the agreement is in force and effect and not defaulted on within the application period.

§ 1-1416

(a) An authority may bring a civil action to prevent, restrain, or enjoin the waste of or unlawful removal of any property from real property held by the authority.

(b) (1) An authority shall be made a party to any action to set aside:

(i) title to property the authority holds; or

(ii) the sale of property by the authority.

(2) A hearing in an action under this subsection may not be held until the authority is served in accordance with the Maryland Rules.

§ 1-1417

(a) Property of an authority is public property devoted to an essential public and governmental function and purpose.

(b) Income of an authority is received for a public and governmental purpose.

§ 1-1418

An authority is subject to any local:

(1) land use controls;

(2) permitting processes for construction, demolition, or repair of a property; and

(3) zoning laws.

§ 1-1419

An authority shall report annually on the activities of the authority to the local government where the authority is located and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

§ 1-1420

(a) (1) An authority may:

(i) issue bonds to pay the cost of acquiring or improving property;

(ii) fund or refund the bonds;

(iii) purchase bonds with any funds available; and

(iv) hold, pledge, cancel, or resell bonds.

(2) By resolution, an authority may authorize the chair, one of the authority’s members, or a committee of the members to determine or provide for any matter relating to bonds that the authority considers appropriate, including:

(i) specifying, determining, requiring, and approving matters, documents, and procedures that relate to the authorization, sale, security, issuance, delivery, and payment of and for the bonds;

(ii) creating security for the bonds; and

(iii) providing for the administration of bond issues.

(3) The power granted in paragraph (2) of this subsection is in addition to powers conferred on the authority by this subtitle and does not limit any power of the authority under this subtitle.

(4) Within the limits that the authority sets, the authority may authorize the executive director to take any of the actions described in paragraph (2) of this subsection.

(b) An authority may issue the bonds at one time or in one or more series.

(1) specifies and describes the project for which the proceeds of the bond issuance are intended;

(2) generally describes the public purpose and the financing transaction to be accomplished;

(3) specifies the maximum principal amount of the bonds that may be issued by the authority; and

(4) imposes any terms or conditions on the issuance and sale of the bonds that the authority considers appropriate.

(d) Subject to any provision for their registration, bonds are negotiable instruments for all purposes regardless of whether they are payable from a special fund.

(e) (1) The bonds may be serial bonds, term bonds, or both.

(2) Subject to any delegation under subsection (a)(2) of this section, the resolution authorizing bonds may provide:

(i) the dates of the bonds;

(ii) the maturity dates of the bonds;

(iii) the interest rates on the bonds;

(iv) the time at which the bonds will be payable;

(v) the denominations of the bonds;

(vi) whether the bonds will be in coupon or registered form;

(vii) any registration privileges of the bonds;

(viii) the manner of execution of the bonds;

(ix) the place at which the bonds will be payable; and

(x) any terms of redemption of the bonds.

(3) The bonds shall mature within a period not to exceed 50 years after the date of issue.

(4) The bonds shall be payable in United States currency.

(f) An authority shall sell the bonds at competitive or negotiated sale in a manner and for a price the authority determines to be in the authority’s best interests.

(g) An officer’s signature or facsimile on a bond remains valid if the officer leaves office before the bond is delivered.

(h) Pending preparation of the definitive bonds, an authority may issue interim receipts or certificates that will be exchanged for definitive bonds.

(i) A trust agreement authorizing bonds may contain provisions that are part of the contract with the bondholders, including:

(1) the rates, rentals, fees, and other charges, the amounts to be raised in each year, and the use and disposition of the revenues;

(2) the setting aside of reserves and sinking funds and their disposition;

(3) limits on the right of the authority or the authority’s agents to restrict and regulate the use of a project;

(4) limits on the purpose to which the proceeds of the sale of bonds may be applied;

(5) limits on issuing additional bonds and refunding bonds and the terms under which additional bonds may be issued and secured;

(6) the procedure to amend or abrogate the terms of a contract with bondholders and the requirements for consent;

(7) limits on the amount of project revenues to be expended for operating, administrative, or other expenses of the authority;

(8) the acts or omissions that constitute default by the authority and the rights and remedies of the bondholders in a default;

(9) the conveyance or mortgaging of a project and its site to secure the bondholders;

(10) creation and disposition of a collateral fund to secure the bondholders; and

(11) pledging the following to secure payment of bonds, subject to any existing agreements with bondholders:

(i) the full faith and credit of an authority;

(ii) revenues of a project;

(iii) a revenue–producing contract the authority has made with a person or public entity; or

(iv) the proceeds of the sale of bonds.

(j) The members of an authority and a person executing the bonds may not be held liable personally on the bonds.

§ 1-1421

(a) The corporate trustee under a trust agreement may be a trust company or bank that has the powers of a trust company in or outside the State.

(b) An expense incurred in carrying out the trust agreement or a resolution may be treated as part of the cost of the operation of a project.

§ 1-1422

Notwithstanding any other provision of this subtitle, in a proceeding involving the validity or enforceability of a bond or the security for a bond, the determination of an authority under this subtitle is conclusive and binding.

§ 1-1423

Bonds are securities:

(1) that may be deposited with and received by a unit of the State or a political subdivision of the State for any purpose for which the deposit of bonds or obligations of the State is authorized by law; and

(2) in which any of the following persons or entities may legally and properly invest money, including capital that the person or entity owns or controls:

(i) an officer or a unit of the State or a political subdivision of the State;

(ii) a bank, a trust company, a savings and loan association, an investment company, or any other person conducting a banking business;

(iii) an insurance company, an insurance association, or any other person conducting an insurance business;

(iv) a personal representative, a guardian, a trustee, or any other fiduciary; and

(v) any other person.

§ 1-1424

(a) A bond is not:

(1) a debt or liability of the State or a political subdivision of the State; or

(2) a pledge of the full faith and credit of the State or a political subdivision of the State.

(b) Each bond shall state on its face that neither the State nor a political subdivision of the State is obliged to pay the principal of or interest on the bond except from revenues pledged to the payment of the bond.

(c) The issuance of bonds does not directly, indirectly, or contingently obligate the State or any political subdivision:

(1) to impose or pledge a tax to pay the bonds; or

(2) to appropriate money to pay the bonds.

(d) This subtitle does not prohibit an authority from pledging its full faith and credit in connection with the issuance of bonds.

§ 1-1425

(a) An authority may:

(1) impose rates, rents, fees, and charges related to a project and for the services related to a project; and

(2) contract with any person or governmental entity to exercise its authority under this section.

(b) The rates, rents, fees, and charges established by an authority under this section shall be imposed and adjusted so that the aggregate amount of the rates, rents, fees, and charges from the project, when added to other available money, is sufficient to:

(1) pay for the expenses of the project;

(2) pay the principal of and the interest on the bonds that the authority issued for the project as they become due and payable; and

(3) create and maintain reserves required or provided for in a trust agreement.

(c) The rates, rents, fees, and charges established by an authority under this section are not subject to supervision or regulation by any unit of the State.

§ 1-1426

(a) (1) Any pledge of revenues and other money under § 1–1420(i) of this subtitle is valid and binding from the time the pledge is made.

(2) (i) The revenue or money that an authority pledges and receives is subject immediately to the lien of the pledge.

(ii) Neither physical delivery of the revenue or money nor any other act is required to validate the lien.

(3) The lien of the pledge is valid and binding against each party with a claim against the authority in tort, contract, or otherwise, regardless of whether the party has notice of the lien.

(b) The trust agreement and any other agreement or lease creating a pledge under this section need not be filed or recorded, except in the records of the authority.

§ 1-1427

(a) Proceeds from the sale of bonds and other revenues received under this subtitle are trust funds to be held and applied solely as provided in this subtitle.

(b) (1) Each officer, bank, or trust company that receives trust money from an authority under this subtitle shall act as trustee of the money and shall hold and apply the money for the purposes specified under this subtitle.

(2) The officer, bank, or trust company holding money is subject to:

(i) any regulation adopted under this subtitle; and

(ii) the resolution authorizing the issuance of bonds or the trust agreement.

§ 1-1428

(a) (1) An authority may issue bonds to refund outstanding bonds of the authority, including paying:

(i) any redemption premium;

(ii) interest accrued or to accrue to the date of redemption, purchase, or maturity of the bonds; and

(iii) any part of the cost of acquiring or improving property as part of a project.

(2) Refunding bonds may be issued for any corporate purpose, including:

(i) realizing savings in the effective costs of debt service, directly or through a debt restructuring; or

(ii) alleviating a potential or actual default.

(b) Refunding bonds issued under this section shall be issued in the same manner and are subject to this subtitle to the same extent as any other bond.

(c) An authority may issue refunding bonds in one or more series in an amount greater than the amount of the bonds to be refunded.

§ 1-1429

(a) An authority may issue negotiable bond anticipation notes in anticipation of the sale of bonds for any corporate purpose.

(b) Bond anticipation notes issued under this section shall be issued in the same manner as bonds.

(c) Bond anticipation notes issued under this section and the resolution authorizing them may contain any provision, condition, or limitation that may be included in a trust agreement.

(d) An authority may issue bond anticipation notes to pay any other bond anticipation notes.

(e) Bond anticipation notes shall be paid from:

(1) money available and not otherwise pledged;

(2) revenues of the authority; or

(3) the proceeds of the sale of the bonds in anticipation of which the notes were issued.

§ 1-1430

(a) An authority shall convey title to property relating to a project and release collateral in accordance with this section when:

(1) (i) the principal of and interest on bonds issued to finance or refinance the project, including any refunding bonds, have been fully paid and retired; or

(ii) adequate provision has been made to fully pay and retire the bonds;

(2) all other conditions of the trust agreement have been satisfied; and

(3) the lien of the trust agreement has been released.

(b) On satisfaction of the conditions under subsection (a) of this section, an authority promptly shall execute any deed, conveyance, release, or document and take any other action necessary to convey title to the property and release collateral free of any lien or encumbrance created through the authority.

§ 1-1431

(a) A bondholder, a holder of any coupons attached to bonds, or a trustee under a trust agreement securing the bonds may sue:

(1) to protect and enforce rights under State law or a trust agreement; and

(2) to enforce and compel the performance of duties by an authority or its officer, employee, or agent that this subtitle or a trust agreement requires, including imposing rates, rents, fees, and charges that the trust agreement requires to be imposed.

(b) The rights under this section are subject to any trust agreement.

Subtitle 15

§ 1-1501

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Construction” means the process of building, altering, repairing, renovating, improving, or demolishing any structure, building, or other improvement to real property.

(ii) “Construction” includes systemic renovation projects as defined in COMAR 23.03.02.15.

(3) “School facility” means a structure, a building, a parking facility, an athletic facility, a testing facility, or any other facility in the State that is used for the education of students.

(b) To the extent practicable, each county or municipality shall expedite the process for the application and issuance of a permit related to or required for the construction of a public or private school facility.

Title 4

Subtitle 1

§ 4-101

(a) In this title the following words have the meanings indicated.

(b) “Municipal charter” means a charter adopted under Article XI–E of the Maryland Constitution and a local law enacted by the General Assembly relating to the incorporation, organization, government, or affairs concerning administration and services of a municipality.

§ 4-102

There is one class of municipalities in the State, and every municipality is a member of that class.

§ 4-103

(a) The residents of a municipality are a municipal corporation.

(b) Under the municipality’s corporate name, the municipality:

(1) has perpetual succession;

(2) may sue and be sued; and

(3) may enact and adopt ordinances, resolutions, or bylaws necessary to exercise the authority of the municipality.

§ 4-104

(a) In this section, “special district” means a special tax area or district, sanitary district, park or planning district, soil conservation district, or public agency exercising specific powers in a defined area that does not exercise general municipal functions.

(b) (1) Except as provided in paragraph (2) of this subsection, a municipality located in a special district may not exercise, divest, or duplicate in the municipality’s corporate limits any special power or duty conferred on the special district.

(2) Subject to the consent of the special district, a municipality may, within its corporate limits, provide recreational facilities within a special district’s jurisdiction.

(c) A municipality may not exempt an area from any property tax, special benefit assessment, or service charge imposed to support a special district.

(d) A local law conferring a special power or duty on a special district does not authorize the special district to exercise that power or perform that duty in an area where a municipality continues to exercise the power or perform the duty.

(e) A municipality may not amend or repeal its charter or exercise its powers of annexation or incorporation as to affect the power of:

(1) the Maryland–National Capital Park and Planning Commission, relating to zoning; or

(2) the Washington Suburban Sanitary Commission, relating to sanitation, including sewer, water, and similar facilities.

(f) Article XI–E of the Maryland Constitution, this division, and Division I of the Land Use Article do not authorize a municipality, through procedures under this title or other changes in the municipal charter, to exercise planning authority, subdivision control, or zoning jurisdiction in a political subdivision in which a State, regional, or county unit exercises planning authority, subdivision control, or zoning jurisdiction.

§ 4-105

The legislative body of a municipality 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.

§ 4-106

(a) The legislative body of a municipality may set a date and establish procedures for submitting to the qualified voters of the municipality at a regular or special municipal election a local law, enacted under Article XI–E, § 5 of the Maryland Constitution, that sets a maximum property tax rate or a maximum amount of debt that may be incurred by the municipality.

(b) The legislative body of a municipality may take necessary action to ensure that a local law setting a maximum property tax rate or a maximum amount of debt that may be incurred by the municipality does not take effect without approval by a majority of those who voted on the question at a regular or special municipal election.

§ 4-107

A municipality may not require an individual to own or control an interest in property to participate in an election or hold office in the municipality.

§ 4-108

(a) A qualified voter may vote in a municipal election by absentee ballot.

(b) (1) Subject to paragraph (2) of this subsection, a municipality shall provide a procedure to vote by absentee ballot.

(2) A municipality may not require an individual to provide a reason that the individual will be unable to vote in person on election day in order to vote by absentee ballot.

(c) A municipality may use any method to enable absentee voters to vote, including using any facilities to transmit and receive applications for absentee ballots.

§ 4-108.1

As to voting in a municipal election:

(1) a person is subject to the offenses and penalties related to voting specified under § 16–201 of the Election Law Article; and

(2) the State Prosecutor or the State’s Attorney for the county in which the municipal election was held and where the offense is alleged to have occurred may prosecute the person for the offense.

§ 4-108.2

If a municipality requires candidates in a municipal election to file campaign finance reports, within 10 days after the filing deadline, each candidate in the municipal election shall submit to the State Board of Elections a copy of the campaign finance report that was filed by the candidate.

§ 4-108.3

(a) (1) In this section the following words have the meanings indicated.

(2) “Ballot” means a ballot prepared by the State Board of Elections under Title 9 of the Election Law Article.

(3) “State Board” means the State Board of Elections.

(b) A municipality may request that the State Board include on a ballot the offices and questions to be voted on in a municipal election.

(i) file the request with the State Board on or before the day that is 9 months before the deadline date applicable for individuals who are required to file a certificate of candidacy as required under § 5–303 of the Election Law Article; and

(ii) certify as part of the request that the charter of the municipality requires, and the municipality has established, deadlines and procedures for the administration of municipal elections for the municipality that are consistent with the deadlines and procedures for State and county elections established by the State Board with regard to:

1. the filing of certificates of candidacy;

2. the filling of a vacancy in office;

3. the filing of a petition;

4. the certification of a ballot question;

5. voter registration; and

6. voting.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, if the State Board previously included a municipal election on the ballot, that municipality’s elections may continue to appear on the ballot without the municipality filing an additional request under this section.

(ii) A municipality shall file a request under this section if, since the municipality’s election last appeared on the ballot, there has been a significant change in the method the municipality uses to conduct its elections.

(3) Within 30 days after receipt of a municipality’s request under this section, the State Board, after consultation with the local board in the county where the municipality is located, shall notify the municipality of its decision whether to include the municipal election on the ballot.

(d) If the State Board approves a municipality’s request under this section, the State Board shall:

(1) include the offices and questions at the end of the ballot; and

(2) arrange the offices and questions in a similar order as other offices and questions are arranged on the ballot.

(e) A municipality shall reimburse the State Board and the applicable local board for any additional costs incurred by the State Board or local board on account of including the offices and questions to be voted on in a municipal election on the ballot.

§ 4-108.4

A municipality shall fill a vacancy that resulted from a tie vote in an election for a municipal office within 90 days after the date of the election.

§ 4-108.5

(a) In this section, “State Board” means the State Board of Elections.

(b) (1) The State Board shall prominently display on the State Board’s website:

(i) a list of all upcoming regular municipal elections reported under subsection (d)(2) of this section that includes:

1. the name of the municipality;

2. the election date; and

3. each office to be voted on; and

(ii) a list indicating which municipalities have not yet reported upcoming regular municipal elections under subsection (d)(2) of this section.

(2) Each municipality that maintains a website shall prominently display on the municipality’s website a list of all upcoming regular and special elections in the municipality, including:

(i) the election date;

(ii) whether the election is a regular or special municipal election; and

(iii) each office to be voted on.

(c) (1) (i) 1. On or before the date that is 3 months before the candidate filing deadline for a regular municipal election, the municipality shall submit to the State Board the qualifications to be a candidate for each office on the municipal ballot.

2. Within 15 business days after a special municipal election is scheduled, the municipality shall report to the State Board:

A. the date of the special election;

B. each office on the special election ballot; and

C. the qualifications to be a candidate for each office on the special election ballot.

(ii) Immediately after a municipality submits the information required under subparagraph (i) of this paragraph, the State Board shall publish the information on the State Board’s website.

(2) (i) On or before the date that is 10 business days after the candidate filing deadline for a municipal election, including a special election, the municipality shall submit to the State Board:

1. a list of each qualified candidate for each office on the municipal ballot and, if the election is a partisan election, the party affiliation of each candidate; and

2. information on how to vote and where to vote in the municipal election.

(ii) Immediately after a municipality submits the information required under subparagraph (i) of this paragraph, the State Board shall publish the information on the State Board’s website.

(d) (1) (i) The State Board shall, immediately after a municipality submits its election results, publish the election results on the State Board’s website.

(ii) The election results published under subparagraph (i) of this paragraph shall be organized by election year and the name of the municipality.

(2) Within 30 days after the results of a municipal election are certified, the municipality shall submit to the State Board an electronic copy of the election results for each office or question voted on at the election, including:

(i) vote totals for each office or question reported separately by each of the following voting methods, if applicable:

1. in–person early voting;

2. mail–in voting or vote–by–mail;

3. provisional voting; and

4. in–person election day voting;

(ii) if the municipality conducts partisan elections, the party affiliation of each candidate; and

(iii) 1. the date of the next regular municipal election; and

2. each office to be voted on at the next regular municipal election.

(d) (1) In this subsection, “ranked–choice voting” means a method of casting and tabulating votes in which voters rank candidates in order of preference and votes are tabulated in a manner that reflects voter preference.

(2) A municipality that conducts its elections using ranked–choice voting shall submit to the State Board the municipality’s regulations for the tabulation of ranked–choice ballots.

(3) The State Board shall publish the regulations submitted under paragraph (2) of this subsection on the State Board’s website.

§ 4-109

(a) (1) If the governing body of a municipality creates, or causes the creation of, a document listed in paragraph (2) of this subsection, the chief executive officer of the municipality shall submit one copy of the document to the Department of Legislative Services by mail.

(2) A municipality shall submit:

(i) a code or compilation containing all or part of the municipal charter;

(ii) in accordance with § 4–308 of this title, a charter amendment passed by the legislative body of the municipality or adopted by referendum, including the complete text of the amendment, the date of any referendum, the number of votes cast for and against the amendment by the legislative body or in a referendum, and the effective date of the amendment;

(iii) in accordance with § 4–303(b), (c), and (e) of this title, a complete list of measures that add, amend, or repeal sections in a municipal charter, including each charter section affected, by number and title;

(iv) in accordance with § 4–414(a) of this title, a charter amendment, a resolution, a referendum, or any other document that changes the boundaries of the municipality, including a copy of the complete text of the document with a statement of the new boundaries, the date of any referendum, the number of votes cast for and against the annexation by the legislative body or in a referendum, and the effective date of the annexation;

(v) in accordance with § 4–508(b) of this title, a unified charter for merging municipalities, including the complete text of the unified charter, the date of any referendum, the number of votes cast for and against the adoption of the unified charter by the legislative bodies or a referendum, and the effective date of the unified charter;

(vi) in accordance with § 4–214(a) of this title, a charter creating a municipality, including the complete text of the charter, the date of the referendum, the number of votes cast for and against the charter, and the effective date of the charter;

(vii) in accordance with § 4–313(a), (b), and (c) of this title, a charter amendment repealing the entire municipal charter passed by the legislative body of the municipality or adopted by referendum, including the complete text of the amendment, the date of any referendum, the number of votes cast for and against the amendment by the legislative body or in a referendum, and the effective date of the amendment; and

(viii) in accordance with § 4–310(d) of this title, a statement on the results of any referendum on a proposed charter amendment held during the year, or any actual or potential pending referendum that had not been held by the end of the year.

(b) The chief executive officer of each municipality shall send to the Department of Legislative Services:

(1) any charter amendment resolution within 10 days after the resolution becomes effective under § 4–304(c) or § 4–307(e) of this title; and

(2) any annexation resolution within 10 days after the resolution becomes effective under § 4–407 or § 4–412(d) of this title.

(c) The Department of Legislative Services shall forward each document the Department receives under this division to the State Archives at least once each year for permanent storage.

§ 4-110

(a) (1) In this section, “ordinance” means a legislative enactment of general application and continuing force for a municipality.

(2) “Ordinance” does not include a public local law under § 9–102 of this article.

(b) Each year, if a municipality enacts any ordinance appropriate for codification during the year, the governing body of a municipality 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 the municipality’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.

§ 4-111

(a) In this section, “legislation” means any form of county or municipal legislative enactment, including a law, an ordinance, a resolution, or any action by which a county budget is adopted.

(b) Except as provided in subsection (c) of this section, legislation enacted by a county does not apply in a municipality located in the 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 by public general law or the municipal charter; or

(3) (i) relates to a subject on which a public general law or the municipal charter grants the municipality legislative authority; and

(ii) the municipality by ordinance or charter amendment:

1. specifically exempts itself from the county legislation; or

2. generally exempts itself from county legislation covered by the type of grant of authority to the municipality.

(c) The following categories of county legislation, if within the scope of legislative powers granted to a county by the General Assembly, apply in all municipalities in the county:

(1) county legislation made applicable to all municipalities in the county under a law enacted by the General Assembly;

(2) county revenue or tax legislation, subject to Title 16, Subtitle 5 and Title 20 of this article, the Tax – General Article, and the Tax – Property Article, or legislation adopting a county budget; and

(3) subject to subsection (e) of this section, county legislation that is enacted in accordance with county requirements for legislation that is to become effective immediately and for which the legislative body of the county:

(i) makes a specific finding based on evidence of record after a hearing held under item (ii) of this item that there will be significant adverse impact on the public health, safety, or welfare affecting residents of the county in unincorporated areas if the legislation does not apply in all municipalities in the county;

(ii) conducts a public hearing at which all municipalities in the county and any interested persons have an opportunity to be heard;

(iii) 1. provides notice of the hearing by certified mail to all municipalities in the county at least 30 days before the hearing; and

2. publishes notice in a newspaper of general circulation in the county for 3 successive weeks, beginning at least 30 days before the hearing; and

(iv) enacts the county legislation by an affirmative vote of at least two–thirds of the authorized membership of the county legislative body.

(d) (1) County legislation enacted in accordance with subsection (c)(3) of this section is subject to judicial review by the circuit court of the county, in accordance with the Maryland Rules governing appeals from administrative agencies, of:

(i) the finding made under subsection (c)(3)(i) of this section; and

(ii) the legislation’s applicability to municipalities located in the county.

(2) An appeal under this subsection shall be filed within 30 days after the effective date of the county legislation.

(3) In a judicial proceeding under this subsection, the only issues that may be considered are whether the county legislative body:

(i) complied with the procedures of subsection (c)(3) of this section; and

(ii) had 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 the county legislation does not apply in all municipalities in the county.

(4) The court shall decide the issues under paragraph (3) of this subsection without a jury.

(5) If a court reverses a legislative body’s finding under subsection (c)(3)(i) of this section:

(i) the legislation shall continue to apply in unincorporated areas of the county; and

(ii) the applicability of the legislation in a municipality is governed by subsection (b) of this section.

(6) A county or municipality in the county may appeal the decision of a circuit court in a proceeding under this subsection to the Appellate Court of Maryland.

(e) County legislation enacted in accordance with subsection (c)(3) of this section does not apply, or becomes inapplicable, in a municipality that 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.

(f) (1) By ordinance, a municipality may request and authorize the county in which it is located to administer or enforce any municipal legislation.

(2) After a municipality enacts an ordinance under paragraph (1) of this subsection, a county may administer or enforce the municipal legislation on mutually agreed terms.

(g) The other provisions of this article are considered amended as provided in this section.

§ 4-112

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Approved grating system” means a cover placed over the opening of an open drainage inlet in order to allow stormwater runoff to enter the drainage inlet while preventing large debris from entering the drainage inlet.

(ii) “Approved grating system” includes:

1. a standard yard inlet;

2. a raised grate yard inlet;

3. a trash rack grating, provided that the rack has at least four sides, each of which is at least as large as the diameter of the surface opening; and

4. for new drainage inlets, a precast concrete box incorporated into the construction of the drainage inlet.

(3) (i) “Open drainage inlet” means a structure with a surface opening that:

1. has a diameter of 12 inches or more; and

2. is designed to collect and drain stormwater runoff.

(ii) “Open drainage inlet” includes an open headwall structure attached to a culvert.

(iii) “Open drainage inlet” does not include:

1. a grate inlet;

2. a curb inlet;

3. a combination curb and grate inlet;

4. a surface–level drainage tunnel with only one surface–level inlet and one direct surface–level outlet;

5. a slotted inlet; or

6. a culvert located on an open drainage highway.

(4) “Privately owned existing open drainage inlet” means an inlet that is located on private property and was installed before October 1, 2026.

(5) (i) “Publicly owned existing open drainage inlet” means an inlet owned and maintained by the municipality that was installed before October 1, 2026.

(ii) “Publicly owned existing open drainage inlet” does not include inlets:

1. owned or maintained by a federal entity, State entity, county, or school board; or

2. inspected by the Department of the Environment.

(b) A municipality may enter private property to:

(1) complete the inventory required under subsection (c) of this section; and

(2) install an approved grating system.

(c) (1) On or before July 1, 2027, a municipality shall inventory the number and location of all publicly owned existing open drainage inlets and privately owned existing open drainage inlets in the municipality.

(2) (i) 1. On or before April 1, 2028, a municipality shall develop a prioritization plan for making improvements to publicly owned existing open drainage inlets and privately owned existing open drainage inlets.

2. The plan shall prioritize making improvements to publicly owned existing open drainage inlets and privately owned existing open drainage inlets that pose the greatest risk to public safety.

3. A. A municipality is not required to make improvements to publicly owned existing open drainage inlets and privately owned existing open drainage inlets that do not pose a legitimate risk to public safety.

B. A municipality shall include in the plan an explanation of the reason for each publicly owned existing open drainage inlet and privately owned existing open drainage inlet excluded from the prioritization plan.

(ii) Improvements may include:

1. installation of an approved grating system secured to the inlet end of the open drainage inlet or the concrete structure built to house the drainage inlet, in a manner that prevents the approved grating system from being removed without the appropriate tools or by the force of flood water; or

2. installation of fencing that:

A. obstructs at least 50% of any opening; and

B. is designed and installed in a manner that would not allow a person to enter the open drainage inlet.

(3) On or before April 1, 2028, each municipality shall notify a private property owner with a privately owned existing open drainage inlet that the installation of an approved grating system or fencing is required in accordance with paragraph (2) of this subsection.

(4) On or before April 1, 2031, each municipality shall make improvements to all publicly owned existing open drainage inlets and privately owned existing open drainage inlets included in the prioritization plan developed under paragraph (2) of this subsection.

(5) (i) A municipality is responsible for the cost of installing improvements on all publicly owned existing open drainage inlets and privately owned existing open drainage inlets.

(ii) A municipality may apply to the comprehensive flood management grant program within the Department of the Environment to cost–share a portion of the installation costs.

(d) A municipality is not required to add improvements to any publicly owned existing open drainage inlets and privately owned existing open drainage inlets if it would significantly impair the hydraulic capacity of the drainage system.

(e) Once a municipality has installed an approved grating system on a privately owned existing open drainage inlet, the municipality:

(1) is not responsible for maintaining improvements installed on a privately owned existing open drainage inlet; and

(2) may not be held liable for incidents arising out of the maintenance of an approved grating system.

(f) Any new open drainage inlet installed in a municipality shall be equipped with an approved grating system that meets the requirements for installation described in this section.

Subtitle 2

§ 4-201

(a) In this subtitle the following words have the meanings indicated.

(b) “County liaison” means a county official, or the designee of the county official, who coordinates communication between the organizing committee and the county.

(c) “Organizing committee” means the group of individuals from the organizing community that works with the county commissioners or county council on the proposed municipal incorporation after a petition for incorporation is verified.

(d) “Organizing community” means individuals residing in an unincorporated area who are interested in forming a municipality.

§ 4-202

This subtitle governs municipal incorporation.

§ 4-203

An area proposed to be incorporated shall contain at least 300 residents before the organizing community may proceed under this subtitle.

§ 4-204

(a) A proposal to incorporate an area as a municipality is initiated when a valid petition is presented to the county commissioners or county council of a county by:

(1) at least 25% of the registered voters who are residents of the area proposed to be incorporated; or

(2) at least 20% of the registered voters who are residents of the area proposed to be incorporated, together with the owners of at least 25% of the assessed valuation of the real property of the area proposed to be incorporated.

(b) The Office of the Attorney General shall:

(1) create a standard petition form for use by an organizing community; and

(2) provide the board of elections of each county with the form for distribution to an organizing community.

(1) express the interest of the subscribing individuals in the incorporation of the area;

(2) contain a detailed description of the boundaries of the area proposed to be incorporated, including a survey of courses and distances or general landmarks and place names;

(3) state the name of the new municipality, which may not be the same as a name used by a municipality or county in the State; and

(4) state the names of the individuals who will initially represent the organizing community on the organizing committee.

(d) The organizing community shall obtain the minimum number of valid signatures required under subsection (a) of this section within 18 months after the organizing community receives the standard petition form from the county board of elections.

(e) Each person signing the petition shall indicate on the petition:

(1) the person’s name and residence address; and

(2) if the petition is intended to be presented under subsection (a)(2) of this section and the person signing the petition owns real property in the area proposed to be incorporated, the location and assessed valuation of the property.

(f) Within 60 days after receiving a petition, the county commissioners or county council shall:

(1) verify that each person who signed the petition:

(i) resides in the area proposed to be incorporated;

(ii) is registered to vote in the elections of that county; and

(iii) if applicable, owns real property within the area proposed to be incorporated;

(2) verify that the petition meets the requirements of this section; and

(3) appoint a county liaison if the petition meets the requirements of this section.

(g) A petition, when received, becomes the property of the county commissioners or county council and may not be used to initiate another incorporation.

(h) A proposal to incorporate a municipality and to adopt a municipal charter may not be rescinded after the formal submission of the proposal in a manner other than that of a formal charter repeal as provided in §§ 4–313 and 4–314 of this title.

§ 4-205

(a) (1) Within 90 days after the county commissioners or county council has verified that a petition presented under § 4–204 of this subtitle is valid, the organizing committee shall:

(i) actively seek information and input from the county;

(ii) hold a public meeting to collect testimony on the proposed incorporation; and

(iii) provide the county commissioners or county council with a report on issues related to the proposed incorporation.

(2) During the 90–day period, the county shall cooperate fully with the organizing committee.

(b) The organizing committee shall:

(1) notify the county liaison of all meetings and deliberations of the organizing committee; and

(2) give the county liaison full opportunity to participate in all meetings and deliberations of the organizing committee.

(c) Within 45 days after receiving the report required under subsection (a)(1)(iii) of this section, the county commissioners or county council or its designee may review the report and provide comments to the organizing committee on issues relating to the proposed incorporation.

§ 4-206

(a) The organizing committee shall present to the county commissioners or county council a proposed municipal charter:

(1) within 45 days after receiving the comments submitted to the organizing committee under § 4–205(c) of this subtitle; or

(2) if the county commissioners or county council has not submitted comments, within 90 days after the report is submitted by the organizing committee under § 4–205(a)(1)(iii) of this subtitle.

(b) The organizing committee shall submit statements with the proposed municipal charter describing:

(1) the likely fiscal effect of the proposed incorporation on residents of the proposed municipality, residents in the vicinity of the proposed municipality, and the county;

(2) the services that the proposed municipality is expected to provide; and

(3) the impact that the proposed incorporation is expected to have on property tax rates.

§ 4-207

(a) (1) If the county commissioners or county council approves the referendum request, between 40 and 60 days after it receives the proposed municipal charter, the county commissioners or county council shall specify, by resolution, the day and hours for a vote on the proposed incorporation by the voters of the area to be incorporated.

(2) The resolution shall include the exact text of the proposed municipal charter as submitted by the organizing committee.

(b) (1) If the county commissioners or county council rejects the referendum request, the county commissioners or county council shall:

(i) provide in writing and make available to the public within a reasonable time the reasons for the rejection; and

(ii) establish reasonable procedures by which the county commissioners or county council shall reconsider a referendum request, including an opportunity for a public hearing with sufficient advance public notice.

(2) After the hearing and reconsideration process is completed, the county commissioners or county council, by resolution, shall affirm the rejection or approve the referendum request.

§ 4-208

(a) The county commissioners or county council shall notify the voters of the area proposed to be incorporated by posting and publication of the proposal to incorporate, including a fair summary of the proposed municipal charter.

(b) For at least 4 weeks immediately before the referendum, the county commissioners or county council shall make available an exact copy of the proposed municipal charter for public inspection at its office.

(c) The county commissioners or county council shall publish notice of the referendum, together with a fair summary of the proposed municipal charter, in a newspaper of general circulation in the area proposed to be incorporated at least once a week during the 4 weeks immediately before the referendum.

(d) On the day of the referendum, the county commissioners or county council shall make available an exact copy of the proposed municipal charter for public inspection at each place for voting on the referendum.

§ 4-209

(a) Except as expressly or necessarily modified by this subtitle, a referendum shall be conducted generally according to the procedures and practices for regular countywide elections.

(b) (1) On the day and during the hours specified for the referendum, the question of incorporation under the proposed municipal charter shall be submitted to the registered voters of the area proposed to be incorporated.

(2) The county board of elections shall arrange for and conduct the referendum.

(3) The wording specified by the county commissioners or county council in the resolution authorizing a referendum on the question of the proposed incorporation shall be placed on the ballots used at the referendum.

(c) Promptly after the canvass is complete, the county board of elections shall certify the results to the county commissioners or county council.

(d) Within 10 days after receiving a certification of the vote on the referendum from the county board of elections:

(1) if a majority of those who voted on the question voted in favor of incorporation under the proposed municipal charter:

(i) the county commissioners or county council publicly shall so proclaim; and

(ii) on the 30th day after the public proclamation, the area proposed to be incorporated shall become a municipality operating under the municipal charter; or

(2) if less than a majority of those who voted on the question voted in favor of incorporation under the proposed municipal charter:

(i) the county commissioners or county council publicly shall so proclaim; and

(ii) the proclamation shall state that the proposed incorporation is not approved.

§ 4-210

(a) An election of officers for a proposed municipality shall be conducted at the same time and place as the referendum on the question of incorporation and is subject to the same procedures and practices.

(b) An individual may not be initially nominated or elected to a municipal office unless the individual qualifies under the requirements specified for that office in the proposed municipal charter.

(c) (1) A candidate for an elected office of a proposed municipality shall be nominated by a certificate of nomination filed by the candidate with the county board of elections.

(2) The certificate of nomination shall include:

(i) the name and residence address of the candidate; and

(ii) the office that the candidate seeks.

(d) After certificates of nomination by candidates for municipal office are filed, the county board of elections shall prepare ballots to allow the registered voters of the area proposed to be incorporated to vote on the candidates who are nominated under this section.

§ 4-211

(a) Casting a vote against the proposed incorporation does not prevent the voter from voting for a candidate for a municipal office.

(b) The county board of elections shall:

(1) tally the votes cast for candidates to a municipal office; and

(2) certify the results to the county commissioners or county council.

(c) If less than a majority of those who voted on the question voted in favor of incorporation under the proposed municipal charter, the votes cast for candidates for a municipal office are void.

§ 4-212

(a) The county commissioners or county council publicly shall proclaim that a candidate who received a plurality of the votes cast for an office has been elected to that office.

(b) A candidate proclaimed by the county commissioners or county council to have been elected to an office shall become an officer of the municipality when the municipal charter takes effect.

(c) (1) If no individual is nominated for a municipal office, a candidate elected to an office is unable to assume the office, or for any other reason no candidate is elected to fill an office, the county commissioners or county council shall appoint a resident of the municipality to the office.

(2) When appointed to an office as provided in paragraph (1) of this subsection, a resident shall hold the office as if elected.

§ 4-213

(a) Subject to subsection (b) of this section, the county commissioners or county council shall pay for:

(1) the referendum;

(2) the original election of officers required under § 4–210 of this subtitle; and

(3) the reasonable costs of third party consultants hired by the county commissioners or county council to analyze issues related to the proposed incorporation.

(b) If the referendum results in incorporation, the municipality shall repay the expenses specified in subsection (a) of this section to the county within 1 year after the incorporation takes effect.

(c) After 1 year from the effective date of the incorporation, the county commissioners or county council may withhold any payment due to the municipality to satisfy any unpaid expense specified in subsection (a) of this section.

§ 4-214

(a) When the public proclamation under § 4–209(d) of this subtitle is made, the county commissioners or county council shall send the information concerning the municipal charter to the Department of Legislative Services, as provided in § 4–109 of this title.

(b) The municipal charter is subject to the requirements of §§ 4–310 and 4–311 of this title.

(c) The exact text of the municipal charter, including any amendments, shall be included in any edition or codification of the municipal charter.

§ 4-215

If a referendum held under this subtitle results in the creation of a new municipality, the local income tax payments authorized under § 2–607 of the Tax – General Article shall be distributed to the municipality as follows, unless the county commissioners or county council agrees to an accelerated payment schedule:

(1) in the first full fiscal year after the municipal incorporation takes effect, one–third of the distribution otherwise required under § 2–607 of the Tax – General Article;

(2) in the second fiscal year after the municipal incorporation takes effect, two–thirds of the distribution otherwise required under § 2–607 of the Tax – General Article; and

(3) in the third fiscal year after the municipal incorporation takes effect and each subsequent fiscal year, all of the distribution required under § 2–607 of the Tax – General Article.

§ 4-216

(a) A new municipality that is eligible to assume planning and zoning authority and the county commissioners or county council shall cooperate in developing the first comprehensive land use plan of the municipality.

(b) Unless the county commissioners or county council expressly approves otherwise, the initial zoning designations used by the municipality shall comply with §§ 4–104(e) and 4–516 of this title, including the 5–year zoning classification restriction.

Subtitle 3

§ 4-301

A municipality shall act in accordance with this subtitle in exercising the powers to amend its municipal charter that are granted under Article XI–E of the Maryland Constitution.

§ 4-302

An amendment to a municipal charter may be initiated by:

(1) the legislative body of the municipality as provided in § 4–304 of this subtitle; or

(2) a petition of the qualified voters of the municipality as provided in § 4–305 of this subtitle.

§ 4-303

(a) In conformity with the requirement imposed on the General Assembly under Article III, § 29 of the Maryland Constitution:

(1) a resolution or petition to amend a municipal charter shall contain the exact text of the proposed charter amendment, prepared so that each provision is shown as the provision would read when amended or enacted;

(2) except as provided in subsection (e)(2) of this section, a provision of a municipal charter may not be amended by reference to its title or citation only; and

(3) a municipal charter amendment shall:

(i) embrace one subject only; and

(ii) describe the subject in its title.

(b) A proposed amendment shall identify the provision to be amended by citing the code or other publication or amendment in which the most recent text of the provision appears.

(d) A proposed amendment shall provide specifically for the repeal of a provision of the municipal charter that is inconsistent with the amended provision.

(e) (1) In a proposal to amend a municipal charter:

(i) each addition shall be underscored, italicized, or shown in capital letters;

(ii) subject to paragraph (2) of this subsection, each provision to be repealed shall be enclosed in double parentheses or boldface brackets; and

(iii) each new section shall be underscored, italicized, or shown in capital letters or contain some marginal or other notation to that effect.

(2) Each entire section to be repealed need not be written out in full and enclosed in double parentheses or boldface brackets.

§ 4-304

(a) (1) The legislative body of a municipality may initiate a proposed amendment to the municipal charter by a resolution that, except as otherwise provided in this subtitle, is adopted in the same manner as other resolutions in the municipality by a majority of all the individuals elected to the legislative body.

(2) Before adopting a resolution initiated by the legislative body of a municipality that proposes an amendment to the municipal charter, the legislative body shall:

(i) hold a public hearing on the proposed amendment; and

(ii) give at least 21 days’ advance notice of the public hearing.

(b) (1) The chief executive officer of the municipality shall give notice of the resolution that proposes an amendment to the municipal charter by:

(i) posting an exact copy of the resolution at the main municipal building or other public place for the 40 days after the resolution is adopted; and

(ii) 1. publishing a fair summary of the proposed amendment in a newspaper of general circulation in the municipality:

A. at least four times;

B. at weekly intervals; and

C. within the 40 days after the resolution is adopted; or

2. A. publishing a fair summary of the proposed amendment in a newspaper of general circulation in the municipality at least once; and

B. delivering a copy of a fair summary of the proposed charter amendment either by hand or by mail once to every residence in the municipality.

(2) The delivery required under paragraph (1)(ii)2B of this subsection may be accomplished by including a fair summary of the proposed charter amendment in a printed newsletter or any other regular municipal publication.

(3) The municipality delivering a copy of a fair summary under paragraph (1)(ii)2B of this subsection shall:

(i) maintain a record of or a copy of the receipt for the delivery under the records retention and document disposal schedule of the municipality; and

(ii) make the record or copy available to the general public in accordance with the Maryland Public Information Act.

(c) Unless a petition meeting the requirements of subsection (d) of this section is presented to the legislative body of a municipality on or before the 40th day after the legislative body adopts a charter amendment resolution, the amendment shall take effect as a part of the municipal charter on the 50th day after the resolution is adopted.

(d) (1) A petition for a referendum on a proposed charter amendment shall:

(i) be signed by at least 20% of the qualified voters for the municipal general election; and

(ii) request that the proposed amendment be submitted to referendum of the qualified voters of the municipality.

(2) Each individual signing the petition shall indicate on the petition the individual’s name and residence address.

(3) The petition shall be delivered to the legislative body of the municipality by:

(i) presentment; or

(ii) certified mail, return receipt requested.

(4) (i) On receiving the petition, the legislative body shall verify that each individual who signed the petition is a qualified voter for the municipal general election.

(ii) The petition has no effect if it is signed by less than 20% of the qualified voters for the municipal general election.

(5) If the petition complies with this section, the legislative body shall specify by resolution adopted in accordance with its normal legislative procedure:

(i) the day and hours for the referendum; and

(ii) the exact text that is to be placed on the ballot.

(6) (i) The legislative body may schedule the referendum for the next regular municipal general election or at a special election.

(ii) If the legislative body schedules a special election, it shall be held not less than 40 days or more than 60 days after the resolution scheduling the referendum is adopted.

§ 4-305

(a) (1) By a petition presented to the legislative body of a municipality, at least 20% of the qualified voters for the municipal general election may initiate a proposed amendment to the municipal charter.

(2) Each individual signing the petition shall indicate on the petition the individual’s name and residence address.

(b) (1) On receiving the petition, the legislative body shall verify that each individual who signed the petition is a qualified voter for the municipal general election.

(2) The petition has no effect if it is signed by less than 20% of the qualified voters for the municipal general election.

(c) (1) Before voting on the proposed amendment initiated by the petition presented under subsection (a) of this section, the legislative body shall:

(i) hold a public hearing on the proposed amendment; and

(ii) give at least 21 days’ advance notice of the public hearing.

(2) If the legislative body approves of the amendment in the petition presented under subsection (a) of this section, the legislative body may adopt the proposed amendment by resolution and proceed in the same manner as if the amendment had been initiated by the legislative body and in compliance with §§ 4–303(a) and 4–304 of this subtitle.

(d) Except as provided in subsection (c) of this section, if the petition complies with this section, the legislative body, no later than 60 days after the petition is presented to the legislative body, shall specify by resolution adopted in accordance with its normal legislative procedure:

(1) the day and hours for the referendum; and

(2) the exact text that is to be placed on the ballot.

(e) (1) The legislative body may schedule the referendum for the next regular municipal general election or at a special election.

(2) If the legislative body schedules a special election, it shall be held not less than 40 days or more than 60 days after the resolution scheduling the referendum is adopted.

(f) (1) The chief executive officer of the municipality shall give notice of a submission of a proposed charter amendment by:

(i) 1. posting an exact copy of the proposed amendment at the main municipal building or other public place for at least 40 days immediately preceding the referendum at which the question is to be submitted; and

2. on the day of the referendum, posting a similar copy at the place for voting; and

(ii) 1. publishing notice of the referendum and a fair summary of the proposed amendment in a newspaper of general circulation in the municipality at least once in each of the 4 weeks immediately preceding the referendum; or

2. A. publishing a fair summary of the proposed amendment in a newspaper of general circulation in the municipality at least once; and

B. delivering a copy of a fair summary of the proposed charter amendment either by hand or by mail to every residence in the municipality.

(3) The municipality delivering a copy of a fair summary under paragraph (1)(ii)2B of this subsection shall:

(i) maintain a record of or a copy of the receipt for the delivery under the records retention and document disposal schedule of the municipality; and

(ii) make the record or copy available to the general public in accordance with the Maryland Public Information Act.

§ 4-306

After a resolution is adopted by the legislative body or after its submission in a petition, a proposal to amend a municipal charter may not be rescinded in any manner except by another charter amendment.

§ 4-307

(a) On the day and during the hours specified in the resolution for a referendum, the charter amendment shall be submitted to the qualified voters.

(b) (1) Except as otherwise provided in this subtitle, the referendum shall be conducted generally according to the procedures for regular municipal elections.

(2) The official who conducts the regular municipal election shall perform the same duties for the referendum.

(d) Promptly after the canvas is complete, the official who conducts the referendum shall certify the results to the chief executive officer of the municipality.

(e) Within 10 days after receiving the certification:

(1) if a majority of those who voted on the question voted for the proposed charter amendment:

(i) the chief executive officer of the municipality publicly shall so proclaim; and

(ii) on the 30th day after the public proclamation, the charter amendment shall become part of the municipal charter; or

(2) if less than a majority of those who voted on the question voted for the proposed charter amendment:

(i) the chief executive officer of the municipality publicly shall so proclaim; and

(ii) the proclamation shall state that the charter amendment is not approved.

§ 4-308

When a charter amendment becomes effective, the chief executive officer of the municipality shall send the information concerning the charter amendment to the Department of Legislative Services as provided in § 4–109 of this title.

§ 4-309

The exact text of an amendment to a municipal charter then effective shall be included in any later edition or codification of the charter.

§ 4-310

(a) (1) At the end of each calendar or fiscal year, each municipality shall compile a complete set of charter enactments of the municipality for that year.

(2) The charter enactments in the compilation shall be in a numerical sequence, beginning with No. 1, and in a separate series for each year.

(b) (1) Subject to paragraph (2) of this subsection, copies of the compilation shall be:

(i) kept on permanent record at the offices of the chief executive officer and legislative body of the municipality;

(ii) made available at those offices for inspection during regular business hours; and

(iii) provided by those offices without charge.

(2) The county in which the municipality is located may make other copies of the compilation available at a reasonable cost to any person.

(c) On or before March 1 of each year, the municipality shall provide without charge copies of the compilation to the Department of Legislative Services as provided in § 4–109 of this title.

(d) Along with the compilation provided under subsection (c) of this section, the municipality shall provide to the Department of Legislative Services, as provided in § 4–109 of this title, a statement that includes information on any referendum on a proposed charter amendment.

§ 4-311

(a) (1) At the end of each calendar year, the Department of Legislative Services shall ask each municipality whether any charter enactments have been adopted during that calendar year or the last fiscal year.

(2) The municipality promptly shall:

(i) answer the inquiry; and

(ii) verify, by a signed and notarized statement, that copies of the charter enactments already have been sent to the Department of Legislative Services.

(b) (1) The Department of Legislative Services promptly shall certify to the State Comptroller if a municipality does not comply with subsection (a) of this section or § 4–310(c) or (d) of this subtitle.

(2) If the Department of Legislative Services certifies noncompliance, the Comptroller may discontinue all funds, grants, or State aid that the municipality is entitled to under State law relating to:

(i) the income tax;

(ii) the tax on racing;

(iii) the recordation tax;

(iv) the admissions and amusement tax; and

(v) license taxes or fees.

(1) arrange in a logical and convenient order the titles or the full text of the laws of the municipalities that amend the municipal charters; and

(2) publish on the General Assembly website each title, identified as a title of the laws of the municipality, or the full text of each law of the municipalities that amends the municipal charters.

§ 4-312

(a) The Department of Legislative Services shall compile the charters of all municipalities into a single publication.

(b) The Department of Legislative Services shall update the compilation of municipal charters on a regular basis.

§ 4-313

(a) Except as provided in subsection (b) of this section, the repeal of an entire municipal charter, and the termination of the municipality, may be accomplished by a charter amendment adopted under this subtitle.

(b) The following need not contain the text of the municipal charter that is proposed for repeal and may simply state that the charter is proposed for repeal:

(1) the resolution of the legislative body of the municipality, or the petition of the qualified voters, proposing the repeal of the municipal charter;

(2) the posting and publication of the proposed repeal of the municipal charter; and

(3) the submission of the resolution proposing the repeal of the municipal charter and the favorable vote on the resolution to the Department of Legislative Services as provided in § 4–109 of this title.

(c) After a municipal charter is repealed, the charter may not be included in any later edition or codification of the public local laws of the county or State.

(d) The resolution or petition to initiate the repeal of a municipal charter may provide for the disposition of the assets of the municipality and the liquidation of any debt of the municipality.

(e) If no disposition is made in accordance with subsection (d) of this section, the county commissioners or county council of the county in which the municipality is located shall:

(1) succeed to full ownership, title, and control of the assets of the municipality after the municipal charter is repealed; and

(2) pay the debts and obligations of the municipality in accordance with the terms of the debts and obligations.

(f) While a municipal charter remains in effect, the county commissioners or county council of the county in which the municipality is located may provide, by written agreement with the municipality, when the repeal of the charter takes effect, for:

(1) the transfer of some or all of the assets of the municipality; and

(2) the assumption of some or all of the debts and obligations of the municipality.

(g) (1) To provide the revenue necessary to pay the debts and obligations of a municipality as of the time the municipal charter is repealed, the county commissioners or county council of the county in which the municipality is located shall:

(i) establish a special tax area with the same boundaries as the former municipality; and

(ii) impose a special tax or special assessment in the special tax area and collect the special tax or special assessment in the same manner as other county property taxes are collected.

(2) The proceeds of the tax or assessment shall be applied only to the debt and obligation of the former municipality.

(3) The tax or assessment shall be discontinued when all debts and obligations of the former municipality have been paid.

§ 4-314

(a) If the following conditions are satisfied, the Executive Director of the Department of Legislative Services promptly shall certify all the facts to the Secretary of State:

(1) a municipality fails for 3 consecutive years to file with the Department of Legislative Services a comprehensive statement of financial condition as required under § 16–103 of this article;

(2) the Executive Director of the Department of Legislative Services has reasonable cause to believe the municipality is no longer actively operating as a municipality under its charter; and

(3) the Legislative Auditor certifies that the municipality has no debts or obligations outstanding and unpaid.

(b) (1) On receiving a certification under subsection (a) of this section, the Secretary of State shall issue a public proclamation declaring that the municipal charter is repealed under this section.

(2) The Secretary of State shall file copies of the proclamation with:

(i) the clerk of the Supreme Court of Maryland;

(ii) the clerk of the circuit court of the county in which the municipality is located; and

(iii) the Department of Legislative Services.

(c) The repeal of the municipal charter is effective on the first day of the month after a proclamation is issued under subsection (b) of this section.

(d) On and after the effective date of the repeal:

(1) the former municipality may not be treated as a municipality; and

(2) the repealed municipal charter may not be included in any later edition or codification of public local laws of the county in which the municipality was located or of the State.

(e) If the assets and liabilities of the former municipality have not been disposed of before a municipal charter is repealed, after the charter is repealed the county commissioners or county council of the county in which the municipality is located shall:

(1) succeed to full ownership, title, and control of the assets of the municipality; and

(2) liquidate the debt of the municipality as provided in § 4–313 of this subtitle.

Subtitle 4

§ 4-401

(a) Subject to subsections (b) and (c) of this section, the legislative body of a municipality may enlarge its boundaries by annexation as provided in this subtitle.

(b) The power of annexation applies only to land that:

(1) is contiguous and adjoining to the existing boundaries of the municipality; and

(2) does not create an unincorporated area that is bounded on all sides by:

(i) real property presently in the boundaries of the municipality;

(ii) real property proposed to be in the boundaries of the municipality as a result of the proposed annexation; or

(iii) any combination of real property described in item (i) or (ii) of this item.

§ 4-402

An annexation proposal may be initiated by:

(1) the legislative body of the municipality as provided in § 4–403 of this subtitle; or

(2) a petition in accordance with § 4–404 of this subtitle.

§ 4-403

(a) Subject to subsection (b) of this section, an annexation resolution may be introduced in the legislative body of the municipality in accordance with:

(1) the requirements and practices applicable to its legislative enactments; and

(2) the requirements of § 4–303(a) of this title.

(b) Before an annexation resolution is introduced, the legislative body shall obtain consent from:

(1) at least 25% of the registered voters who are residents in the area to be annexed; and

(2) the owners of at least 25% of the assessed valuation of the real property in the area to be annexed.

(1) shall describe by a survey of courses and distances the exact area to be annexed;

(2) may also describe by landmarks and other well–known terms the exact area to be annexed; and

(3) shall contain a complete and detailed description of the conditions and circumstances that apply to:

(i) the change in boundaries; and

(ii) the residents and property in the area to be annexed.

§ 4-404

(a) Subject to § 4–413 of this subtitle, an annexation petition shall be signed by:

(1) at least 25% of the registered voters who are residents in the area to be annexed; and

(2) the owners of at least 25% of the assessed valuation of the real property in the area to be annexed.

(b) After an annexation petition is presented to the legislative body of the municipality, the presiding officer of the legislative body shall verify:

(1) the signatures on the petition; and

(2) that the petition meets the requirements of subsection (a) of this section.

(c) (1) After verifying compliance with the requirements of this section, the presiding officer of the legislative body promptly shall cause a resolution proposing the change of boundaries as requested by the petition to be introduced in the legislative body.

(2) The annexation resolution shall conform to the form and content requirements of this subtitle.

§ 4-405

(a) An annexation resolution shall provide that the residents in the area to be annexed and their property shall be added to the municipality, generally subject or not, as applicable, to specific provisions of the municipal charter.

(b) (1) Notwithstanding subsection (a) of this section, an annexation resolution may provide, for stated periods and under specific conditions, special treatment of the residents in the area to be annexed and their property as to:

(i) rates of municipal taxation; and

(ii) municipal services and facilities.

(2) After an annexation resolution takes effect, any change in the provisions for special treatment for stated periods and under specific conditions may be made only by a resolution enacted under this subtitle.

§ 4-406

(a) After an annexation resolution is introduced, the chief executive and administrative officer of the municipality shall publish notice in accordance with the requirements of this section that:

(1) briefly and accurately describes the proposed annexation and the applicable conditions and circumstances; and

(2) specifies the date, time, and place that the legislative body sets for the public hearing on the proposed annexation.

(b) After an annexation resolution is introduced, the chief executive or the administrative officer of the municipality shall notify commercial property owners in the area to be annexed of:

(1) all personal property taxes and fees imposed by the municipality; and

(2) the date, time, and place that the legislative body sets for the public hearing on the proposed annexation.

(i) 1. at least four times; or

2. if the total area of the proposed annexation is 25 acres or less, at least two times;

(ii) at not less than weekly intervals; and

(iii) in at least one newspaper of general circulation in the municipality and the area to be annexed.

(2) The public hearing shall be:

(i) set no sooner than 15 days after the final required publication of the public notice; and

(ii) held in the municipality or the area to be annexed.

(d) Immediately after the first publication of the public notice, the municipality shall provide a copy of the public notice to:

(1) the governing body of the county in which the municipality is located; and

(2) any regional or State planning agency with jurisdiction in the county.

(e) The county and any regional or State planning agency with jurisdiction in the county has the right to be heard before the public at the hearing on the proposed annexation.

(f) (1) The public hearing may be rescheduled for or continued to a later date not more than 30 days after:

(i) the date when the hearing was originally scheduled; or

(ii) the date on which the hearing began but was not completed.

(2) If the hearing is rescheduled or continued, public notice shall be published:

(i) at least 7 days before the date of the rescheduled or continued hearing; and

(ii) in a newspaper of general circulation in the municipality and the area to be annexed.

(3) The public notice shall:

(i) briefly and accurately describe the area to be annexed; and

(ii) specify the date, time, and place of the rescheduled or continued public hearing.

(g) If a municipality is seeking to annex land that is located in a different legislative district than the legislative district in which the municipality or any part of the municipality is located, after the annexation resolution is introduced, the municipality shall provide written notice to the members of the General Assembly for the district in which the land is located and for the district to which the land is being annexed by:

(1) electronic communication; and

(2) United States Postal Service.

§ 4-407

(a) After a public hearing, the legislative body of a municipality may enact an annexation resolution in accordance with its normal legislative procedure.

(b) The annexation resolution may not take effect until at least 45 days after its enactment.

§ 4-408

(a) Subject to § 4–413 of this subtitle, at any time within 45 days after enactment of an annexation resolution, at least 20% of the registered voters who are residents in the area to be annexed may petition the chief executive and administrative officer of the municipality in writing for a referendum on the resolution.

(b) After a petition is presented to the chief executive and administrative officer, the officer shall verify:

(1) the signatures on the petition; and

(2) that the petition meets the requirements of subsection (a) of this section.

(c) After verifying compliance with the requirements of this section, the chief executive and administrative officer, by proclamation, shall suspend the effectiveness of the annexation resolution pending the results of the referendum.

§ 4-409

(a) At any time within 45 days after enactment of an annexation resolution, at least 20% of the qualified voters of the municipality may petition the chief executive and administrative officer of the municipality in writing for a referendum on the resolution.

(b) After a petition is presented to the chief executive and administrative officer, the officer shall verify:

(1) the signatures on the petition; and

(2) that the petition meets the requirements of subsection (a) of this section.

§ 4-410

(a) At any time within 45 days after enactment of an annexation resolution, the governing body of the county or counties in which the municipality is located, by at least a two–thirds majority vote, may petition the chief executive and administrative officer of the municipality for a referendum on the resolution.

(b) After verifying compliance with the requirements of this section, the chief executive and administrative officer, by proclamation, shall suspend the effectiveness of the annexation resolution pending the results of the referendum.

§ 4-411

(a) The chief executive and administrative officer of the municipality shall schedule a referendum on the annexation resolution and publish notice of the date, time, and place at which the referendum will be held.

(b) The referendum shall be held:

(1) no sooner than 15 days and no later than 90 days after notices of the referendum are published; and

(2) at one or more places in:

(i) the municipality, for the referendum in the municipality; and

(ii) the area to be annexed, for the referendum in that area.

(1) twice at not less than weekly intervals; and

(2) in at least one newspaper of general circulation in the municipality and the area to be annexed.

§ 4-412

(a) The governing body of a municipality, by ordinance, resolution, or regulation, may provide for conducting and tabulating the results of a referendum held under this subtitle.

(b) (1) The annexation resolution shall be submitted to:

(i) a referendum of the qualified voters of the municipality if the petition for referendum was presented by the residents of the municipality;

(ii) subject to § 4–413 of this subtitle, a referendum of the registered voters who are residents in the area to be annexed if the petition for referendum was presented by the residents of the area to be annexed; or

(iii) separate referendums of the voters specified in items (i) and (ii) of this paragraph if a petition for referendum was presented by the residents of the municipality and the residents in the area to be annexed.

(2) A petition for referendum presented by the governing body of a county shall be acted on in the same manner as a petition for referendum presented by the residents of the area to be annexed.

(1) contain a summary of the annexation resolution; and

(2) provide for the voter to indicate a choice for or against the annexation resolution.

(d) (1) If only one petition for a referendum is filed and if a majority of the persons voting on the annexation resolution vote for the resolution, the resolution takes effect on the 14th day after the referendum.

(2) (i) If a referendum is conducted for both the residents of the municipality and the residents in the area to be annexed, the votes cast for the two referendums shall be tabulated separately to show the votes cast in the municipality and the area to be annexed.

(ii) If in both referendums a majority of the persons voting on the annexation resolution vote for the resolution, the resolution takes effect on the 14th day after the referendum.

(iii) If two referendums are held, the annexation resolution is void unless a majority in both referendums vote for the resolution.

(e) The municipality shall pay for a referendum held under this subtitle.

§ 4-413

If fewer than 20 residents in an area to be annexed are eligible to sign a petition for annexation and vote in a referendum under this subtitle, any person, including the two or more joint owners of jointly owned property, who owns real property in the area to be annexed may sign the petition and vote in the referendum.

§ 4-414

(a) (1) The chief executive and administrative officer of a municipality that has annexed property shall send a copy of the annexation resolution with the new boundaries to:

(i) the clerk or similar official of the municipality;

(ii) the clerk of the court in any county in which the municipality is located;

(iii) the Department of Legislative Services in accordance with paragraph (2) of this subsection;

(iv) the Department of Planning in accordance with paragraph (2) of this subsection; and

(v) for any municipality located in the regional district, the Maryland–National Capital Park and Planning Commission.

(2) The annexation resolution shall be sent to the Department of Legislative Services and the Department of Planning within 10 days after the resolution takes effect.

(b) Each official or agency that receives an annexation resolution under subsection (a) of this section shall:

(1) keep on record the resolution with the new boundaries; and

(2) make the resolution available for public inspection during regular business hours.

§ 4-415

(a) In addition to, but not as part of, an annexation resolution, the legislative body of the municipality shall adopt an annexation plan for the area to be annexed.

(b) Except as provided in subsection (e) of this section, for an annexation that began before October 1, 2009, the annexation plan shall:

(1) contain a description of the land use pattern proposed for the area to be annexed, which may include a county master plan already in effect for the area;

(2) describe the schedule to extend each municipal service performed in the municipality at the time of the annexation to the area to be annexed;

(3) describe the general methods by which the municipality anticipates financing the extension of municipal services to the area to be annexed; and

(4) be presented so as to demonstrate the available land for public facilities that may be considered reasonably necessary for the proposed use, including facilities for schools, water or sewage treatment, libraries, recreation, or fire or police services.

(c) Except as provided in subsection (e) of this section, for annexation that begins on or after October 1, 2009, the annexation plan shall be consistent with the municipal growth element of the comprehensive plan of the municipality.

(d) For purposes of subsections (b) and (c) of this section, an annexation begins when a proposal for annexation is initiated by:

(1) resolution under § 4–403 of this subtitle; or

(2) petition under § 4–404 of this subtitle.

(e) (1) On or after October 1, 2009, a municipality may submit an annexation plan under subsection (b) of this section if the municipality is granted an extension for the inclusion of a municipal growth element under § 3–304 of the Land Use Article.

(2) After the expiration of a final extension granted under § 3–304 of the Land Use Article for the inclusion of a municipal growth element, an annexation plan shall be submitted in accordance with subsection (c) of this section.

(f) At least 30 days before the public hearing on an annexation resolution required under § 4–406 of this subtitle, a copy of the annexation plan shall be provided to:

(1) the governing body of any county in which the municipality is located;

(2) the Department of Planning; and

(3) any regional or State planning agency with jurisdiction in the county.

(g) (1) The annexation plan shall be open to public review and discussion at the public hearing on the annexation resolution.

(2) An amendment to the annexation plan does not:

(i) amend the proposed annexation resolution; or

(ii) cause a reinitiation of the annexation procedure then in process.

§ 4-416

(a) (1) Notwithstanding § 4–104(f) of this title, if an area is annexed to a municipality that has planning and zoning authority at the time of annexation, the municipality shall have exclusive jurisdiction over planning, subdivision control, and zoning in the area annexed.

(2) Paragraph (1) of this subsection does not grant any planning or zoning power or subdivision control to a municipality that is not authorized to exercise planning or zoning power or subdivision control at the time of annexation.

(b) Without the express approval of the county commissioners or county council of the county in which the municipality is located, for 5 years after an annexation by a municipality, the municipality may not allow development of the annexed land for land uses substantially different than the authorized use, or at a substantially higher density, not exceeding 50%, than could be granted for the proposed development, in accordance with the zoning classification of the county applicable at the time of the annexation.

(c) Notwithstanding § 4–204 of the Land Use Article and if the county expressly approves, the municipality may place the annexed land in a zoning classification that allows a land use or density different from the land use or density specified in the zoning classification of the county or agency with planning and zoning jurisdiction over the land prior to its annexation applicable at the time of the annexation.

Subtitle 5

§ 4-501

(a) Subject to subsection (b) of this section, two or more abutting municipalities located in the same county may merge to form one municipality.

(b) The governing body of the county must approve any merger under this subtitle.

§ 4-502

(a) To initiate a merger, the legislative body of each municipality shall adopt a proposal of unification.

(b) Each municipality shall adopt the proposal of unification:

(1) in substantially identical form; and

(2) in the manner that the municipality adopts ordinary legislation.

(c) The proposal of unification shall include a detailed description of the boundaries of the proposed municipality that:

(1) is comprised of a survey of courses and distances; and

(2) may refer to general landmarks and place names.

§ 4-503

(a) After both municipalities adopt the proposal of unification, the municipalities shall prepare a unified charter.

(b) (1) Each municipality shall appoint three, four, or five representatives to serve on a charter commission.

(2) Each municipality shall appoint the same number of representatives.

(2) Within 6 months after the municipalities adopt the proposal of unification, the commission shall draft a proposed unified charter.

(d) (1) The charter commission shall elect officers from among the representatives.

(2) As the representatives consider necessary, the charter commission may adopt rules to govern meetings and expedite the drafting of the unified charter.

§ 4-504

(a) The unified charter is a legal document separate from any other legal instrument.

(b) The unified charter shall provide that the unified municipality receive the assets and liabilities of the merging municipalities.

§ 4-505

(a) (1) The charter commission shall submit a proposed unified charter to the legislative body of each municipality.

(2) The legislative body shall include the proposed charter in a resolution that is considered in accordance with the procedural requirements provided for charter amendments in §§ 4–303(a) and 4–304 of this title.

(3) For purposes of § 4–303(a) of this title, the resolution is considered to embrace only one subject.

(b) Each legislative body may:

(1) adopt or reject the resolution; or

(2) amend the resolution, if the legislative bodies of the other municipalities concur.

§ 4-506

(a) If a referendum is required under § 4–304 of this title, the referendum shall occur on the same day in each municipality.

(b) Each municipality shall administer and pay for the referendum in proportion to its respective population.

(c) In a referendum, the unified charter is adopted if a majority of votes cast in each municipality is in favor of adoption.

§ 4-507

(a) If a majority of the voters casting votes in any municipality at a referendum do not vote to adopt the unified charter, the proposed merger is not approved.

(b) If the unified charter is adopted, by referendum or by the legislative bodies when a referendum is not required, the adoption is final.

§ 4-508

(a) (1) A merging municipality shall transfer its assets and liabilities to the unified municipality.

(2) The merging municipality shall transfer the assets and liabilities by legal instruments separate from the unified charter and resolution.

(3) The invalidity of a legal instrument that transfers or disposes of any property of a merging municipality does not affect the validity of the unified charter.

(b) Within 60 days after the unified charter is adopted, the legislative bodies of the merging municipalities jointly shall send the information concerning the charter to the Department of Legislative Services as provided in § 4–109 of this title.

(c) The exact text of the unified charter adopted under this subtitle, including any amendments, shall be included in any edition or codification of the charter.

§ 4-509

(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.

Title 5

Subtitle 1

§ 5-101

A municipality may impose a property tax to pay a judgment or decree against it in the State.

§ 5-102

(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.

§ 5-103

(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.

§ 5-104

A municipality may contract with a county to dispose of garbage or other matter collected in the municipality at an incinerator or plant operated under § 13–403 of this article.

§ 5-105

(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 and Cannabis 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.

§ 5-106

(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.

(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.

Subtitle 2

§ 5-201

This subtitle does not authorize the legislative body of a municipality to adopt an ordinance that is inconsistent with or conflicts with any rule or regulation adopted by the Maryland–National Capital Park and Planning Commission or the Washington Suburban Sanitary Commission.

§ 5-202

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.

§ 5-203

(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.

§ 5-204

(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.

(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.

§ 5-205

(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.

(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.

§ 5-206

(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.

(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.

§ 5-207

(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.

(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.

§ 5-208

(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.

(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.

§ 5-209

(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.

(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.

§ 5-210

A municipality may provide for, maintain, and operate community and social services to preserve and promote the health, recreation, and welfare of the residents of the municipality.

§ 5-211

(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.

§ 5-212

(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.

(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.

§ 5-213

A municipality may adopt zoning regulations, subject to any right of referendum of the voters at a regular or special election as may be provided by the municipal charter.

§ 5-214

(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.

§ 5-215

(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.

§ 5-216

(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.

§ 5-217

A municipality may require the owners of property to keep the sidewalks on the property clean and free from snow, ice, or other obstructions.

§ 5-218

The express powers contained in this subtitle are intended to and shall be deemed to incorporate and include the power and authority contained in Title 5, Subtitle 8, Part II of the General Provisions Article.

Subtitle 3

§ 5-301

(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.

(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.

§ 5-302

(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.

Title 6

Subtitle 1

§ 6-101

(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 $5,000 or both.

§ 6-102

(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.

(2) The fine is payable to the municipality by the person charged in the citation within 20 calendar days of service of the citation.

§ 6-103

(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.

(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.

§ 6-104

(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.

§ 6-105

(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.

§ 6-106

(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.

§ 6-107

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.

§ 6-108

(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.

§ 6-108.1

(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.

§ 6-109

(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.

§ 6-110

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.

§ 6-111

(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.

§ 6-112

(a) Court costs in a municipal infraction proceeding in which costs are imposed are $5.

(b) A defendant is not liable for payment to the Criminal Injuries Compensation Fund.

§ 6-113

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.

§ 6-114

If, without good cause, a defendant does not pay a fine or cost imposed by the District Court, the court may treat the failure as contempt of court.

§ 6-115

Adjudication of a municipal infraction is not a criminal conviction for any purpose.

Title 9

Subtitle 1

§ 9-101

(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.

§ 9-102

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.

§ 9-103

(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.

§ 9-104

(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.

§ 9-105

(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.

§ 9-106

(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.

§ 9-107

(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.

(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.

§ 9-108

(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.

§ 9-109

(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.

§ 9-110

Frederick County is a region of the State and shall be treated as a region by all units of State government.

§ 9-111

The County Commissioners of Allegany County may direct that any office under the control of the county commissioners be closed for business on Saturdays.

§ 9-112

(a) (1) The governing body of each county may erect two pillars 100 feet apart on the same meridian line in a public spot adjacent to the county courthouse of each county.

(2) There shall be a distinctly visible needle point on the top of one of the pillars and a hair sight on top of the other pillar so that a straight line passing through its center and the center of the needle point would be on the true meridian line running north and south.

(3) The needle point and hair sight required under this subsection shall be properly enclosed and protected.

(b) (1) The governing body of the county may:

(i) determine the accurate latitude and longitude of the pillars erected under subsection (a) of this section; and

(ii) mark the latitude and longitude on one of the pillars in degrees, minutes, seconds, and parts of seconds.

(2) The longitude shall be determined from the meridian of Washington, D.C.

(2) The pillars and enclosures shall be made available to any surveyor or civil engineer residing or engaged in surveying in the county for the purpose of:

(i) testing compass variations; and

(ii) verifying the meridian line when required by order of the circuit court for the county.

(d) (1) If a county has erected pillars under this section, a surveyor who surveys land in the county shall annually test the surveyor’s compass and note the variation of the compass from the meridian line identified under subsection (a) of this section.

(2) (i) The surveyor shall record in the county where the surveyor resides the results of the test, including:

1. the date and time of the test; and

2. an affidavit verifying the correctness of the results.

(ii) The test results shall be recorded in a book kept for the purpose of recording such results.

(3) A surveyor who violates this subsection is subject to a fine of $50 and court costs.

(4) A fine imposed under this subsection may be used as directed by the governing body of the county.

(e) (1) The county clerk may charge a fee for:

(i) recording a certificate of variation;

(ii) recording an affidavit of correctness;

(iii) providing copies or abstracts of certificates of variation or affidavits of correctness; and

(iv) providing certificates and seals regarding certificates of variation or affidavits of correctness.

(2) The fee collected by the clerk shall be the same as fees allowed by law for similar services regarding matters of record in the clerk’s office.

(3) The fee shall be paid by the party:

(i) recording the document; or

(ii) requesting a copy or abstract of recorded documents.

(f) (1) A person may not:

(i) willfully erase, deface, displace, or otherwise harm a pillar, or any part of a pillar, erected under subsection (a)(1) of this section; or

(ii) destroy, break down, or remove the enclosure, or any part of the enclosure, required under subsection (a)(3) of this section.

(2) On conviction, a person who violates this subsection is subject to a fine of not less than $50 and not exceeding $500.

(g) The governing body of a county that erects pillars under this section may pay the costs of carrying out this section in the same manner that other county expenses are paid.

§ 9-113

(a) In this section, “chief executive officer” means:

(1) the mayor of Baltimore City; or

(2) the County Executive of Montgomery County.

(b) This section applies only to Baltimore City and Montgomery County.

(c) Except as provided in subsection (d) of this section, a candidate for chief executive officer shall be a resident of the county for at least 6 months before the general election for chief executive officer.

(d) If the charter of a county contains a durational residency requirement that is longer than 6 months, the longer durational residency requirement shall be retained if the governing body of the county reaffirms the requirement by enactment of an ordinance no later than 4 weeks before the filing deadline specified in § 5–303(a) of the Election Law Article.

§ 9-114

(a) (1) Except as provided in subsection (b) of this section, a county that offers a self–insured employee health benefit plan in the State shall provide to each firefighter employed by the county coverage for preventive cancer screenings in accordance with the latest screening guidelines issued by the International Association of Fire Fighters.

(2) A county subject to paragraph (1) of this subsection may not impose a copayment, coinsurance, or deductible requirement on coverage of preventive cancer screenings for firefighters as required under paragraph (1) of this subsection.

(b) A county may satisfy the requirement in subsection (a) of this section by:

(1) providing a no–cost annual examination to firefighters employed by the county that includes preventive cancer screenings for firefighters in accordance with the latest screening guidelines issued by the International Association of Fire Fighters; or

(2) applying for a grant under Title 13, Subtitle 40 of the Health – General Article to pay for innovative cancer screening technologies, including a multicancer early detection blood test.

(c) This section may not be construed to prohibit a county subject to this section from providing coverages that are greater than or more favorable to an insured or an enrollee than the coverage required under this section.

§ 9-115

(a) (1) In this section the following words have the meanings indicated.

(2) “Retired volunteer firefighter” means an individual who is a retired firefighter who:

(i) volunteered with a volunteer fire company in a county;

(ii) was actively involved in fire suppression while volunteering with the volunteer fire company;

(iii) has completed a minimum of 3 years of volunteer service; and

(iv) accumulated at least 50 points under a length of service award program or a point system established in lieu of a length of service award program.

(3) “Volunteer fire company” includes a volunteer fire department.

(4) “Volunteer firefighter” means an individual who is a firefighter actively involved in fire suppression and volunteering with a volunteer fire company in a county.

(b) (1) Each county in which a volunteer fire company is located shall offer no–cost preventive cancer screenings in accordance with the latest screening guidelines issued by the International Association of Fire Fighters to each volunteer firefighter who volunteers and each retired volunteer firefighter who volunteered with the volunteer fire company.

(2) Each volunteer fire company shall:

(i) maintain an up–to–date list of volunteer firefighters who are volunteering and retired volunteer firefighters who volunteered with the volunteer fire company; and

(ii) provide the list to the county in which the volunteer fire company is located:

1. on or before October 1 each year; and

2. on request of the county.

(3) Each county in which a volunteer fire company is located shall maintain a list of all volunteer firefighters who volunteer and all retired volunteer firefighters who volunteered in the county as provided by each volunteer fire company located in the county under paragraph (2) of this subsection.

(1) providing a no–cost annual examination to volunteer firefighters and retired volunteer firefighters that includes preventive cancer screenings for firefighters in accordance with the latest screening guidelines issued by the International Association of Fire Fighters; or

(2) applying for a grant under Title 13, Subtitle 40 of the Health – General Article to pay for innovative cancer screening technologies, including a multicancer early detection blood test.

Subtitle 2

§ 9-201

A charter county:

(1) shall have perpetual succession;

(2) may sue and be sued;

(3) may acquire and hold property, either absolutely or in trust for a public purpose;

(4) may dispose of property;

(5) may adopt a common seal; and

(6) may adopt an ordinance, a resolution, or bylaws to exercise its powers.

§ 9-202

When a county becomes a charter county:

(1) all property and franchises belonging to or in the possession of the former county commissioners of the county or any county agencies are vested in the charter county as a corporation;

(2) an action against the former county commissioners of the county does not abate and is continued in the name of the charter county with the same effect as if originally brought against the charter county;

(3) all liabilities, obligations, contracts, claims, and demands, accrued or to accrue, of the former county commissioners of the county are the liabilities, obligations, contracts, claims, and demands of the charter county; and

(4) a criminal proceeding is not affected by the adoption of the charter and shall be prosecuted under the law in effect at the time of the crime.

§ 9-203

After the adoption or rejection of charter home rule, a county promptly shall notify and provide copies of the adopted or rejected charter to the following:

(1) five copies to the Department of Legislative Services;

(2) one copy to the Secretary of State;

(3) one copy to the State Archives; and

(4) one copy to the Maryland Thurgood Marshall State Law Library.

§ 9-204

(a) Members of the county council of a charter county shall be elected as provided in Article XI–A, § 3A of the Maryland Constitution.

(b) A county charter may require that a specified number of members of the county council shall:

(1) reside in specified districts in the charter county; but

(2) be elected by the voters of the entire county.

§ 9-205

(a) (1) The voters of a charter county may reserve in the charter the power of referendum by which they may submit a local law enacted by the county council, by petition, to the voters for approval or rejection.

(2) The charter shall specify:

(i) what types of local laws may be petitioned to referendum; and

(ii) whether a part of a local law may be petitioned to referendum.

(b) (1) Subject to paragraph (2) of this subsection, in implementing procedures that relate to the power of referendum, the charter or the local laws shall provide adequate details as to time, notice, and form.

(2) The initial notice of a referendum vote shall be given at least 30 days before the election.

§ 9-206

(a) (1) At the end of each calendar or fiscal year, each charter county shall compile a complete set of all local laws enacted during that year under the Express Powers Act, Title 10 of this article.

(2) The laws in the compilation shall be in numerical order, beginning with No. 1, and in a separate series for each year.

(b) (1) Subject to paragraph (3) of this subsection, copies of the compilation shall be:

(i) kept on permanent record at the office of the county council, county executive, or county manager;

(ii) made available for inspection during regular business hours at that office; and

(iii) provided in printed form without charge to the State Archives and the Maryland Thurgood Marshall State Law Library.

(2) Annually, each charter county shall provide each member of the General Assembly representing any part of the county with:

(i) notice that a digital copy of the compilation is available on the Internet; or

(ii) a printed copy of the compilation without charge.

(3) The charter county may make other copies of the compilation available at a reasonable cost to any person.

(c) On or before March 1 of each year, the charter county shall provide without charge four printed copies of the compilation to the Department of Legislative Services.

(d) Each charter county shall provide to the Department of Legislative Services a statement that includes information on:

(1) the results of any referendum on a proposed local law held during the year; and

(2) any actual or potential pending referendum that had not been held by the end of the year.

§ 9-207

(a) (1) At the end of each calendar year, the Department of Legislative Services shall ask each charter county whether the county has enacted any part of its local laws under the Express Powers Act, Title 10 of this article, during that calendar year or its latest fiscal year.

(2) The charter county promptly shall:

(i) answer the inquiry; and

(ii) verify that copies of the requested enactments of local laws have already been sent to the Department of Legislative Services.

(b) (1) The Department of Legislative Services promptly shall certify to the Comptroller if a charter county does not comply with subsection (a) of this section or § 9–206(c) or (d) of this subtitle.

(2) If the Department of Legislative Services certifies noncompliance, the Comptroller may discontinue all funds, grants, or State aid that the charter county is entitled to under State law relating to:

(i) the income tax;

(ii) the tax on racing;

(iii) the recordation tax;

(iv) the admissions and amusement tax; and

(v) license taxes or fees.

(1) arrange in a logical and convenient order the titles or the full text of the laws of each charter county that amends its county code; and

(2) publish on the General Assembly website each title, identified as a title of the laws of a charter county that amends its county code, or the full text of the laws of each charter county that amends its county code.

Subtitle 3

§ 9-301

(a) In this subtitle the following words have the meanings indicated.

(b) “Code home rule” means a form of county government organized under Article XI–F of the Maryland Constitution.

(d) “Voter” means an individual who is registered to vote under Title 3, Subtitle 1 of the Election Law Article.

§ 9-302

(a) (1) There are four classes of code counties, based on the geographic region of the State where the county is located.

(2) The geographic regions of the State are:

(i) Central Maryland, consisting of Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Frederick County, Harford County, Howard County, Montgomery County, and Prince George’s County;

(ii) Eastern Shore, consisting of Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County;

(iii) Southern Maryland, consisting of Calvert County, Charles County, and St. Mary’s County; and

(iv) Western Maryland, consisting of Allegany County, Garrett County, and Washington County.

(b) Unless limited to one or more classes listed in this section, a public general law enacted by the General Assembly that applies to code counties applies to each code county, regardless of class.

§ 9-303

The county commissioners of each county may adopt code home rule subject to approval at referendum by the voters of the county.

§ 9-304

(a) If the county commissioners decide to formally consider adopting code home rule, the county commissioners shall:

(1) hold at least two public hearings in the county on the proposal; and

(2) publish notice of the date, time, and place of each public hearing in at least one newspaper of general circulation in the county:

(i) at least three times;

(ii) at weekly intervals; and

(iii) in a period of not more than 30 days before the first public hearing.

(b) At the hearings, the residents and taxpayers of the county shall be given the opportunity to be heard on the proposal to adopt code home rule.

§ 9-305

(a) Within 60 days after the last public hearing, the county commissioners shall decide whether to adopt code home rule.

(b) To adopt code home rule, the county commissioners shall adopt a resolution by at least a two–thirds majority of all the individuals elected to the board of county commissioners.

(c) The resolution shall state that, subject to approval at referendum, the county shall operate under Article XI–F of the Maryland Constitution.

(d) The county commissioners shall send a certified copy of the resolution to the county board of elections.

§ 9-306

(a) The county board of elections shall submit the question of code home rule to the voters of the county for their adoption or rejection:

(1) at the next regular congressional election; and

(2) in accordance with the requirements of the Election Law Article as to time, notice, and form.

(b) The ballot shall contain the words “For Adoption of Code Home Rule” and “Against Adoption of Code Home Rule”.

(1) if a majority of those who voted on the question voted in favor of adoption of code home rule:

(i) the county commissioners publicly shall so proclaim; and

(ii) on the 30th day after the public proclamation, the county shall become a code county; or

(2) if less than a majority of those who voted on the question voted in favor of adoption of code home rule:

(i) the county commissioners publicly shall so proclaim; and

(ii) the proclamation shall state that the proposal to adopt code home rule is not approved.

(d) After the adoption or rejection of code home rule, the county commissioners promptly shall send notification as follows:

(1) five copies to the Department of Legislative Services;

(2) one copy to the Secretary of State;

(3) one copy to the State Archives; and

(4) one copy to the Maryland Thurgood Marshall State Law Library.

§ 9-307

A code county may return to its form of government before the adoption of code home rule by following the same procedure required by this subtitle for the adoption of code home rule.

§ 9-308

Each code county shall proceed in accordance with this subtitle to exercise the powers to enact public local laws.

§ 9-309

(a) By public local law, the county commissioners of a code county shall establish a specified number of days, not exceeding 45 days, in each year on which the county commissioners may meet to enact public local laws.

(b) (1) Legislative days:

(i) need not be consecutive; and

(ii) may be designated by public local law.

(2) If a legislative day is not specified or not determinable by public local law, the county commissioners shall publish notice of the legislative day in a newspaper of general circulation in the code county between 3 and 14 days before the legislative day.

(i) begin on the first business day 60 days after the effective date of code home rule; and

(ii) be 15 days long.

(2) The 15 days of the first legislative session do not count as part of the annual 45 legislative days.

(d) Each legislative session shall be open to the public.

§ 9-310

(a) Each public local law of a code county shall be passed by original bill.

(b) The style of the enacting clause for each bill shall be “Be it enacted by …”.

(d) A public local law may not be repealed or amended by reference to its title only.

§ 9-311

(a) A county commissioner of a code county may introduce a bill on any legislative day.

(b) (1) (i) Not later than the next day after the introduction of a bill, the presiding officer of the county commissioners shall schedule a public hearing on the bill.

(ii) A bill may be rejected after its introduction without a hearing by a vote of at least two–thirds of the total membership of the county commissioners.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the public hearing on a bill shall be held not less than 7 days after introduction of the bill.

(ii) For an emergency bill, the public hearing shall be held not less than 3 days after introduction of the emergency bill.

(3) The public hearing on a bill:

(i) need not be held on a legislative day; and

(ii) may be adjourned from time to time.

(c) (1) After the introduction of a bill, a copy of the bill and notice of the date, time, and place of the hearing shall be posted:

(i) as soon as practicable;

(ii) on an official bulletin board in a public place in the building in which the county commissioners usually meet; and

(iii) in a manner that provides the public ready access to the copy of the bill and the notice during regular business hours.

(2) Additional copies of the bill and notice of the hearing shall be made available to the public.

(d) Each copy of a bill shall contain:

(1) the name of the county commissioner who introduced the bill; and

(2) the date the bill was introduced.

(e) (1) An amendment proposed to a bill shall be in writing.

(2) A copy of each amendment shall be made available for inspection by the public.

(f) (1) After a public hearing, a bill may be finally passed on a legislative day with or without amendment.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, if a bill is amended before final passage, the bill may not be passed until it is reprinted as amended.

(ii) If an emergency bill is amended before final passage, the emergency bill need not be reprinted as amended.

(3) Except for an emergency bill, a bill may not be passed less than 7 days after its introduction.

(g) (1) Except as provided in paragraph (2) of this subsection, to become a public local law, a bill shall be passed by an affirmative vote of the majority of the total membership of the county commissioners.

(2) An emergency bill shall be passed:

(i) by an affirmative vote of at least four–fifths of the total membership; or

(ii) if the total membership is three members, by an affirmative vote of at least two members.

(h) (1) The county commissioners shall keep a journal that shall be open to public inspection at all reasonable times.

(2) On final passage of a bill, the yea and nay votes shall be recorded in the journal.

(i) Each bill that passes, or a fair summary of it, shall be published:

(1) in at least one newspaper of general circulation in the county;

(2) at least three times;

(3) at weekly intervals; and

(4) within the 4–week period after passage of the bill.

§ 9-312

(a) Except as provided in subsection (b) of this section, a public local law enacted by the county commissioners of a code county takes effect:

(1) 45 days after it is enacted; or

(2) at a later date specified in the public local law.

(b) (1) A public local law takes effect on the date of its passage if it is passed as an emergency bill.

(2) An emergency bill may not:

(i) abolish or create an office;

(ii) change a salary, term, or duty of an officer;

(iii) grant a franchise or special privilege; or

(iv) create a vested right or interest.

§ 9-313

(a) (1) The voters of a code county may submit to referendum, by petition, a public local law or a part of a public local law enacted under this subtitle.

(2) The referendum shall be:

(i) at the next regular congressional election unless the county commissioners, by resolution, schedule a special election;

(ii) in accordance with the requirements of Title 7 of the Election Law Article as to time, notice, and form; and

(iii) for adoption or rejection by a majority of those voting on the question.

(b) (1) Subject to paragraph (2) of this subsection, a referendum petition shall:

(i) be filed with the county board of elections within 40 days after a public local law is enacted; and

(ii) contain the signatures of at least 10% of the voters of the code county.

(2) If more than one–half but less than the full number of signatures required to complete a referendum petition against a public local law are filed within 40 days after the public local law is enacted, the time for the public local law to take effect and the time for filing the remainder of signatures to complete the referendum petition is extended for an additional 40 days.

(2) Each paper shall:

(i) contain the full text of the public local law or part of the public local law petitioned to referendum; and

(ii) have attached to it an affidavit of the individual who procured the signatures on the petition that certifies that to the best of the individual’s personal knowledge, information, and belief:

1. each signature on the petition is genuine; and

2. the signers are voters in the code county.

(d) The county board of elections shall verify the voter registration of each signer.

(e) (1) Except as provided in paragraph (2) of this subsection, if a legally sufficient referendum petition on a public local law is filed with the county board of elections, the public local law does not take effect until 30 days after its approval by a majority of the voters voting on the question.

(2) An emergency law petitioned to referendum:

(i) remains in effect from its effective date notwithstanding the filing of the referendum petition; but

(ii) is repealed 30 days after its rejection by a majority of the voters voting on the question.

§ 9-314

(a) At the end of each calendar or fiscal year, each code county shall compile a complete set of all public local laws enacted by the code county during that year.

(b) (1) Subject to paragraph (3) of this subsection, copies of the compilation shall be:

(i) kept on permanent record at the office of the county commissioners;

(ii) made available for inspection during regular business hours at the office; and

(iii) provided in printed form without charge to the State Archives and the Maryland Thurgood Marshall State Law Library.

(2) Annually, each code county shall provide each member of the General Assembly representing any part of the county with:

(i) notice that a digital copy of the compilation is available on the Internet; or

(ii) a printed copy of the compilation without charge.

(3) The code county may make other copies of the compilation available at a reasonable cost to any person.

(c) On or before March 1 of each year, the code county shall provide without charge four printed copies of the compilation to the Department of Legislative Services.

(d) Each code county shall provide to the Department of Legislative Services a statement that includes information on:

(1) the results of any referendum on a public local law held during the previous calendar or fiscal year; and

(2) any actual or potential pending referendum that has not been held by the end of the year.

§ 9-315

(a) (1) At the end of each calendar year, the Department of Legislative Services shall ask each code county whether the county has enacted any part of its public local laws during that calendar year or its latest fiscal year.

(2) The code county promptly shall:

(i) answer the inquiry; and

(ii) verify that copies of the requested enactments of public local laws already have been sent to the Department of Legislative Services.

(b) (1) The Department of Legislative Services promptly shall certify to the Comptroller if a code county does not comply with subsection (a) of this section or § 9–314(c) or (d) of this subtitle.

(2) If the Department of Legislative Services certifies noncompliance, the Comptroller may discontinue all funds, grants, or State aid that the code county is entitled to under State law relating to:

(i) the income tax;

(ii) the tax on racing;

(iii) the recordation tax;

(iv) the admissions and amusement tax; and

(v) license taxes or fees.

(1) arrange in a logical and convenient order the titles or the full text of the laws of each code county that amends its code of public local laws; and

(2) publish on the General Assembly website each title, identified as a title of the laws of a code county that amends its code of public local laws, or the full text of the laws of each code county that amends its code of public local laws.

Subtitle 4

§ 9-401

(a) This section applies only to code counties and commission counties.

(b) The number of county commissioners in each county shall be set by the public local laws of the county.

(i) meet within 60 days after their election; and

(ii) qualify by taking the constitutional oath.

(2) The County Commissioners of St. Mary’s County shall take office on the first Monday in December after their election.

(d) (1) The county commissioners shall meet at least once each quarter.

(2) The County Commissioners of St. Mary’s County shall meet at least 48 times a year.

(3) The County Commissioners of Washington County shall hold at least 10 of their general meetings each year in the evening.

§ 9-402

(a) This section applies only to:

(1) commission counties; and

(2) except as otherwise provided by local law, code counties.

(b) (1) Subject to subsection (c) of this section, if a vacancy occurs in an office of county commissioner, the Governor shall appoint an individual to fill the vacancy.

(2) (i) If a vacancy occurs during a session of the Senate of Maryland, the Governor shall appoint the individual with the advice and consent of the Senate.

(ii) In Allegany County, if there is no resident senator from Allegany County in the Senate of Maryland at the time of the appointment, the Governor shall appoint the individual with the advice and consent of the House of Delegates.

(iii) If a vacancy occurs during a recess of the Senate of Maryland, the Governor shall:

1. appoint an individual during the recess; and

2. submit to the Senate the nomination of the individual appointed, or another individual, not later than 30 days after the next meeting of the General Assembly begins.

(c) (1) Except as provided in paragraph (4) of this subsection and subject to paragraph (5) of this subsection, the central committee of the political party that is affiliated with the vacating county commissioner shall submit in writing to the Governor the name of the individual that the political party nominates to fill the vacancy.

(2) The individual nominated by the central committee shall be of the same political party as the vacating county commissioner.

(3) The Governor shall nominate or appoint the individual whose name is submitted under paragraph (1) of this subsection within 15 days after the submission.

(4) If there is no central committee in the county in which the vacancy occurs, the Governor shall appoint an individual to fill the vacancy who has all the qualifications required for the office of county commissioner in the particular county.

(5) In Garrett County, the nominee or appointee shall be a resident of the same commissioner district in which the former county commissioner resided.

§ 9-403

(a) This section applies only to code counties and commission counties.

(b) The county commissioners of each county are a corporation.

§ 9-404

(a) This section applies only to code counties and commission counties.

(b) The county commissioners may sue and be sued.

(1) the claim is payable by the county; and

(2) the claimant produces legal proof of the claim.

§ 9-405

(a) This section applies only to code counties and commission counties.

(b) This section does not apply to a county that has adopted local ethics laws under §§ 5–808 and 5–809 of the General Provisions Article if the local ethics laws have been approved by the State Ethics Commission.

(1) possess or acquire any share or interest in, or have or participate in, either directly or indirectly, any benefit, profit, or compensation of any agreement or contract entered into with any party by the county commissioners as county commissioners; or

(2) accept, possess, or acquire any claim, or any share or interest in any claim, on or against the county of which the individual is a commissioner if the claim has been or will be passed on and approved by the county commissioners.

(d) (1) If a county commissioner violates the provisions of this section, the county commissioner is subject to prosecution.

(2) A county commissioner who is convicted under this section shall forfeit:

(i) the office; and

(ii) the county commissioner’s share or interest in the agreement, contract, or claim in which the county commissioner was involved.

§ 9-406

(a) This section applies only to code counties and commission counties.

(b) This section does not apply to a clerk of court or a sheriff.

(1) the county official shall give a bond executed by a surety company that is authorized to do business in the State; and

(2) the bond shall be approved by the county.

(d) (1) The county may pay the premium for a bond given under subsection (c) of this section, not to exceed 0.5% per year of the penalty of an executed and approved bond.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, when a bond is executed and approved, the county commissioners may direct the payment of the premium of the bond from the general fund of the county in the same manner as required to pay general county debts.

(ii) The payment of the premium on the bond given by a register of wills or State’s Attorney shall be charged as an expense of that officer.

Subtitle 5

§ 9-501

(a) In this subtitle the following words have the meanings indicated.

(b) “Official action” means a phase of the process in which a public agency in St. Mary’s County makes a decision or recommendation, including receipt of information and deliberation.

(i) a governmental unit of St. Mary’s County, including an advisory or quasi–judicial agency, that is:

1. supported in any part by public money; or

2. authorized to spend public money;

(ii) the St. Mary’s County Board of Education;

(iii) the St. Mary’s County Board of Library Trustees;

(iv) the St. Mary’s County Metropolitan Commission; and

(v) the St. Mary’s County Housing Authority.

(2) “Public agency” includes a subcommittee or other subordinate unit of a governmental unit listed in paragraph (1) of this subsection.

(3) “Public agency” does not include:

(i) a grand jury;

(ii) a petit jury;

(iii) a law enforcement agency; or

(iv) the judicial branch.

(d) “Public agency meeting” means the convening of a quorum of the constituent membership of a public agency to deliberate or act on a matter under the supervision, control, jurisdiction, or advisory power of the public agency.

(e) “Quorum”, unless otherwise defined by applicable law, means a simple majority of the constituent membership of a public agency.

(f) “Staff meeting” means a meeting of three or more staff members of one or more public agencies.

§ 9-502

It is the policy of St. Mary’s County that:

(1) public officials shall engage in official action in an open and public manner so that voters are advised of the performance of public officials and of decisions made in forming public policy;

(2) public agencies exist to aid in conducting the people’s business;

(3) the people of the county, in delegating authority, do not yield their sovereignty or give public agencies the right to decide what is good for the people to know and what is not good for them to know; and

(4) the right of the people to remain informed is protected so that they may retain control over the instruments they create.

§ 9-503

This subtitle prevails if it conflicts with another statute, ordinance, regulation, or rule, unless the other statute, ordinance, regulation, or rule is more stringent.

§ 9-504

(a) Except as provided in § 9–512 of this subtitle, a public agency meeting at which official action is taken shall be open to the public.

(b) A final decision whether to purchase or dispose of real property shall be at a public agency meeting open to the public.

§ 9-505

(a) This section does not apply to a staff meeting.

(b) A public agency shall provide written public notice of the schedule of its regular public agency meetings, including their dates, times, and places:

(1) at the beginning of each calendar or fiscal year; or

(2) at the time the public agency begins to function.

(c) (1) Except as provided in § 9–506 or § 9–507 of this subtitle, a public agency shall provide supplemental written public notice of any special or rescheduled public agency meeting at least 48 hours before the meeting.

(2) The notice shall include the agenda, date, time, and place of the public agency meeting.

(d) A public agency shall provide written public notice by:

(1) posting a copy of the notice prominently at the principal office of the public agency or at the building in which the public agency meeting is to be held; and

(2) sending a copy of the notice to any person who requests to be notified of the public agency meetings.

(e) A public agency shall give notice of intent to purchase or dispose of real property at least 15 days before a voting session on the action.

§ 9-506

A public agency meeting may be adjourned and reconvened at another time without additional public notice if:

(1) notice of the time and place of the reconvened meeting is provided before adjournment;

(2) the agenda for the reconvened meeting is published in advance; and

(3) the agenda for the original meeting is available to observers at the beginning of the original meeting.

§ 9-507

(a) This section does not apply to a staff meeting.

(b) A public agency may schedule an emergency public agency meeting to discuss unforeseen emergency conditions.

(c) A public agency shall make a reasonable effort to provide notice of the date, time, and place of an emergency public agency meeting by telephone to the news media immediately after participants have been notified.

§ 9-508

(a) This section does not apply to:

(1) a staff meeting; or

(2) a working session if a final decision is not made.

(b) A public agency shall take and, in a timely manner, record minutes of each public agency meeting open to the public.

§ 9-509

(a) A public agency that conducts a meeting that is open to the public shall allow recorded or live radio and television broadcasting and the use of recording devices.

(b) A public agency may adopt rules and regulations regarding the recording and broadcasting of public agency meetings.

§ 9-510

Except as provided in § 9–512 of this subtitle, a staff meeting shall be open to the public.

§ 9-511

A public agency meeting that is required to be open to the public under this subtitle shall be conducted in a location with reasonable facilities for public observation.

§ 9-512

(a) A public agency meeting or a staff meeting may be conducted in a closed session only:

(1) to consider or discuss the assignment, promotion, resignation, salary, demotion, dismissal, reprimand, or appointment of a member of a public agency or employee, unless the individual, as a matter of public record, makes a written request for an open session;

(2) to discuss strategy in collective bargaining or litigation;

(3) to engage in collective bargaining;

(4) to discuss the distribution of police forces to cope with public safety emergencies;

(5) to discuss cost estimates for capital projects to be subsequently placed through the bidding process;

(6) to hold preliminary discussions concerning the purchase or disposition of real property;

(7) when State law or federal regulation prohibits a meeting open to the public;

(8) to meet a condition for anonymity of a donor contained in a gift or bequest to the public agency;

(9) when secrecy is necessary to prevent the premature disclosure of the format or content of examinations or the disclosure of results of examinations as related to individual students;

(10) if the meeting is conducted by the County Board of Education or its staff to:

(i) consider the discipline of a student, unless the parent, guardian, or student requests an open session of the County Board of Education; or

(ii) discuss specific students, families, or personnel and the disclosure of the discussions could prove detrimental or harmful to those individuals;

(11) to consider the investment of public funds;

(12) to consult with counsel to obtain legal advice; or

(13) to discuss cybersecurity, if the public body determines that public discussion would constitute a risk to:

(i) security assessments or deployments relating to information resources technology;

(ii) network security information, including information that is:

1. related to passwords, personal identification numbers, access codes, encryption, or other components of the security system of a governmental entity;

2. collected, assembled, or maintained by or for a governmental entity to prevent, detect, or investigate criminal activity; or

3. related to an assessment, made by or for a governmental entity or maintained by a governmental entity, of the vulnerability of a network to criminal activity; or

(iii) deployments or implementation of security personnel, critical infrastructure, or security devices.

(b) (1) A closed session shall be announced in advance at a meeting that is open to the public.

(2) An announcement of a closed session shall include the nature of the business of the closed session.

(3) The closed session shall be limited to the matters described in subsection (a) of this section.

(c) The minutes of the next open session shall include the justification for holding the closed session, the names of those in attendance, and the times the meeting begins and ends.

(d) An ordinance, resolution, rule, regulation, or decision may not be finally adopted at a closed session.

§ 9-513

A public agency may adopt rules and regulations to maintain order at its public agency meetings.

§ 9-514

(a) (1) A person denied a right conferred by this subtitle may file a complaint for mandamus, injunction, or other appropriate remedy in circuit court.

(2) A plaintiff need not allege or prove an irreparable injury or an injury different from the public at large.

(b) A complaint under this section shall be filed within 1 year after the date of the alleged violation.

(d) A violation of this subtitle is deemed an injury to the public at large.

(e) (1) The court shall issue an order that:

(i) grants or denies all or part of the relief sought;

(ii) awards appropriate attorney’s fees or costs; and

(iii) determines the effect of the action alleged to be in violation of this subtitle.

(2) The court may void an action taken at a public agency meeting in violation of this subtitle.

§ 9-515

(a) (1) A person who knowingly violates this subtitle more than twice is guilty of a misdemeanor.

(2) A person who willfully violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

(b) If a civil order finding the defendant in violation of this subtitle is not entered at least once before the occurrence of an alleged misdemeanor, a violation of this subtitle is presumed not to be willful.

§ 9-516

This subtitle may be cited as the St. Mary’s County Open Meetings Act.

Title 10

Subtitle 1

§ 10-101

This title does not apply to Baltimore City.

§ 10-102

(a) In addition to other powers granted to charter counties, each charter county may exercise by legislative enactment the express powers provided in Subtitles 2 and 3 of this title.

(b) In addition to other powers granted to code counties, each code county may exercise by legislative enactment the express powers provided in Subtitle 3 of this title.

§ 10-103

The express powers contained in this title are intended to and shall be deemed to incorporate and include the power and authority contained in Title 5, Subtitle 8, Part II of the General Provisions Article.

Subtitle 2

§ 10-201

This subtitle applies only to charter counties.

§ 10-202

(a) A county may enact local laws and may repeal or amend any local law enacted by the General Assembly on any matter covered by the express powers in this title.

(b) A county may provide for the enforcement of an ordinance, a resolution, a bylaw, or a regulation adopted under this title:

(1) by civil fines not exceeding $5,000; or

(2) by criminal fines and penalties not exceeding $5,000 and imprisonment not exceeding 6 months.

(c) A county may provide for the enforcement of local fair housing laws by fines or penalties that do not exceed the fines or penalties provided in the federal Fair Housing Act Amendments of 1988 for enforcement of similar federal fair housing laws.

(d) A county may provide for the enforcement of local employment discrimination laws or public accommodations discrimination laws by civil fines not exceeding $5,000 for any offense.

§ 10-203

(a) (1) Subject to any limit imposed by a county charter and this subsection, a county may provide for the borrowing of money on the faith and credit of the county and for the issuance of bonds or other evidences of indebtedness in accordance with local law.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the aggregate amount of bonds and other evidences of indebtedness outstanding at any one time may not exceed the sum of 6% of the assessable basis of all real property in the county plus 15% of the county’s assessable basis of personal property and operating real property as described in § 8–109(c) of the Tax – Property Article.

(ii) The following evidences of indebtedness may not be considered as bonds or evidences of indebtedness in applying the limits in this subsection:

1. tax anticipation notes or other evidences of indebtedness having a maturity not in excess of 12 months;

2. bonds or other evidences of indebtedness issued or guaranteed by the county payable primarily or exclusively from taxes levied in or on, or other revenues of, special taxing districts; and

3. bonds or other evidences of indebtedness issued for self–liquidating and other projects payable primarily or exclusively from the proceeds of assessments or charges for special benefits or services.

(3) (i) If a petition for submission to referendum is filed in accordance with the county charter and local laws of a county, a local law authorizing the borrowing of money or issuance of bonds or other evidences of indebtedness shall be submitted to the voters of the county for approval or rejection.

(ii) If the county charter does not contain a provision for submission to referendum, a local law that authorizes the borrowing of money or issuance of bonds or other evidences of indebtedness shall be submitted to the voters of the county for approval or rejection if a petition for submission to referendum that bears the signatures of at least 10% of the registered voters of the county is filed with the county board of elections within 75 days after the local law is enacted.

(b) (1) A county may provide for the issuance of bonds or other evidences of indebtedness payable as to principal and interest and premium, if any, solely from the money received from or in connection with any system, project, or undertaking, all or part of which is financed from the proceeds of the bonds or other evidences of indebtedness.

(2) Bonds or other evidences of indebtedness issued under this subsection:

(i) are not an indebtedness of the county or a pledge of its faith and credit or taxing power;

(ii) may be sold at a private, negotiated sale; and

(iii) are not subject to the limitations of:

1. subsection (a) of this section;

2. §§ 19–205 and 19–206 of this article; or

3. the county charter.

(3) This subsection does not limit the power of a county to issue revenue bonds in accordance with any other applicable law.

(c) The bonds, notes, and any other evidences of indebtedness issued under this section, their transfer, the interest payable on them, and any income derived from them, including any profit realized in their sale or exchange, shall be exempt from taxation of any kind by the State, any political subdivision, or any other public entity.

§ 10-204

A county may pass any ordinance that facilitates the amendment of the county charter by referendum of the voters of the county in accordance with Article XI–A, § 5 of the Maryland Constitution.

§ 10-205

A county may provide for the conduct of a special election to fill a vacancy in the county council or in the office of chief executive officer or county executive.

§ 10-206

(a) A county council may pass any ordinance, resolution, or bylaw not inconsistent with State law that:

(1) may aid in executing and enforcing any power in this title; or

(2) may aid in maintaining the peace, good government, health, and welfare of the county.

(b) A county may exercise the powers provided under this title only to the extent that the powers are not preempted by or in conflict with public general law.

(c) A county may not pass any law under this title regarding the licensing, regulating, prohibiting, or submitting to referendum the manufacture or sale of alcoholic beverages.

Subtitle 3

§ 10-301

This subtitle applies only to charter counties and code counties.

§ 10-302

(a) By ordinance, a county may establish a commission to recommend compensation and allowances for members of the county legislative body.

(b) (1) Within 15 days after the beginning of the fourth year of the term, a commission established under this section, by resolution, shall submit to the county legislative body its recommendation for the compensation and allowances for members of the county legislative body.

(2) Subject to subsection (e) of this section, the commission may recommend an increase or decrease in the compensation and allowances for members of the county legislative body.

(c) On receiving the resolution, the county legislative body may reduce or reject the commission’s recommendation, but may not increase any item.

(d) Any change in the compensation and allowances of members of the county legislative body shall be enacted by ordinance before the election for the members of the next succeeding county legislative body and take effect only for the members of the next succeeding county legislative body.

(e) The compensation or allowances for members of the county legislative body of a charter county may not be less than provided in the county charter.

§ 10-303

(a) If a county executive is authorized, the county may set the qualifications, term of office, and compensation for the county executive.

(b) A county may provide for the appointment and removal of all county officers except those whose appointment or election is provided for by the Maryland Constitution or public general law.

(1) prevent conflicts between the private interests and public duties of county officers and members of the county legislative body;

(2) govern the conduct and actions of all county officers and members of the county legislative body in the performance of their public duties; and

(3) provide for penalties, including removal from office, for a violation of the local laws or any regulations adopted under the local laws.

(d) A county may provide for a merit system governing the appointment of county officials and employees not elected or appointed under the Maryland Constitution or public general law.

§ 10-304

(a) A county may establish, maintain, and control hospitals, homeless shelters, and other similar institutions in the county.

(b) A county may establish and maintain courthouses.

(1) establish and maintain local correctional or detention facilities and juvenile facilities;

(2) regulate all individuals confined in the facilities; and

(3) make appropriate provisions for females and juveniles.

§ 10-305

(a) A county may enact local laws to provide for:

(1) the establishment of a county board of appeals, whose members shall be appointed by the county legislative body;

(2) the number, qualifications, terms, and compensation of the members of the county board of appeals;

(3) the adoption by the county board of appeals of rules of practice that govern its proceedings; and

(4) a decision by the county board of appeals on petition of any interested person, after notice and opportunity for hearing, on the basis of a record before the board.

(b) The county board of appeals may have original jurisdiction or jurisdiction to review the action of an administrative officer or unit of county government over matters arising under any law, ordinance, or regulation of the county council that concerns:

(1) an application for a zoning variation or exception or amendment of a zoning map;

(2) the issuance, renewal, denial, revocation, suspension, annulment, or modification of any license, permit, approval, exemption, waiver, certificate, registration, or other form of permission or of any adjudicatory order;

(3) the assessment of any special benefit tax; or

(4) the adjudication of a violation of an ordinance delegated in accordance with § 4–406(b) of the Courts Article.

(c) When issuing a decision, the county board of appeals shall file an opinion that shall include a statement of the facts found and the grounds for the decision.

(d) (1) Any person aggrieved by the decision and a party to the proceeding before the county board of appeals may seek review by the circuit court for the county.

(2) The circuit court may:

(i) affirm the decision; or

(ii) if the decision is not in accordance with law:

1. modify the decision with or without remanding the case for rehearing; or

2. reverse the decision with or without remanding the case for rehearing.

(3) Any party to the proceeding in the circuit court aggrieved by the decision of the circuit court may appeal to the Appellate Court of Maryland in the same manner provided for civil cases.

§ 10-306

A county may create and revise election districts and precincts.

§ 10-307

Unless otherwise governed by other public general law, a county may provide for the recording and indexing of records of:

(1) the clerk of the court;

(2) the register of wills; and

(3) the county commissioners or the county council.

§ 10-308

A county may provide for advertising, printing, and publishing of county documents, including:

(1) ordinances, bylaws, and resolutions; and

(2) annual statements of expenses of the county government.

§ 10-309

(a) A county may provide for:

(1) the auditing of county accounts; and

(2) assisting the Legislative Auditor or other State officer authorized to audit the county accounts.

(b) A county may provide for proof of claims against the county before their payment.

§ 10-310

(a) For any county work, a county may provide for competitive bidding and the making and awarding of contracts and may require bonds.

(b) A county may provide for the purchase of materials, supplies, and equipment through the Department of General Services.

§ 10-311

A county may prevent the credit of the county in any manner from being given or loaned to or in aid of any person.

§ 10-312

(a) A county may provide for the protection of county property.

(b) A county may provide for:

(1) the acquisition by purchase, lease, condemnation, or otherwise of property required for public purposes in the county; and

(2) the disposal of any real or leasehold county property, if the county property is no longer needed for public use.

(c) A county may lease as lessor any county property to further the public purposes of the county, on any terms and compensation that the county considers proper.

(d) A county may provide for the financing of any housing or housing project wholly or partly, including the placement of a deed of trust, mortgage, or other debt instrument on the property to ensure repayment of funds used to purchase, construct, rehabilitate, or otherwise develop the housing project.

(e) (1) A county may grant any franchise or right to use a franchise, including any right or franchise in relation to any highway, street, road, lane, alley, or bridge.

(2) A county 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 county may:

(i) impose franchise fees; and

(ii) establish rates, rules, and regulations.

(f) (1) Except as provided in paragraph (2) of this subsection, before the county makes any disposition, grant, or lease of county property, the county shall publish notice of the disposition, grant, or lease once a week for 3 successive weeks in at least one newspaper of general circulation in the county and shall include the terms and the compensation to be received and give opportunity for objections.

(2) A county may grant an easement for a public utility without giving notice under this subsection.

§ 10-313

(a) (1) A county may direct the class or subclass of property that is subject to the county property tax.

(2) A county may impose a tax on the value of property of any sum that may be necessary:

(i) to pay the principal and interest of any loan obtained by the county according to law;

(ii) to provide for the sinking fund authorized under paragraph (3) of this subsection; and

(iii) for the support and maintenance of the county government.

(3) A county may create a sinking fund to meet the liabilities incurred by the county.

(b) A county may provide for:

(1) the prompt collection of all taxes due the county; and

(2) the sale of property for the payment of unpaid taxes.

(1) correct errors in the assessment of property;

(2) provide for the reduction or abatement of assessments improperly made; and

(3) provide for the reimbursement of overpayments made because of an assessment error.

(d) (1) A county may impose a tax for the organization, operation, and maintenance of:

(i) libraries;

(ii) fire and ambulance services; and

(iii) other municipal services.

(2) A county may authorize the purchase, sale, construction, maintenance, and operation of all property necessary or incidental to the services listed in paragraph (1) of this subsection.

(e) A county may impose a tax to pay for additional retirement or disability benefits to any former county employee who is entitled to receive additional benefits.

§ 10-314

(a) Except as provided in subsection (b) of this section, a county may establish, modify, or abolish special taxing districts for any purpose listed in this title.

(b) This section does not authorize the modification or abolition of an existing special taxing district that:

(1) performs municipal services, other than furnishing fire protection or library service; and

(2) is governed or administered by a committee or a commission elected or appointed independently of the county legislative body.

§ 10-315

(a) In this section, “authority” means a commercial district management authority.

(b) A county may establish an authority for any commercial district in the county.

(1) shall specify the membership, organization, jurisdiction, and geographical limits of the authority;

(2) shall specify the purposes of the authority, including:

(i) promotion;

(ii) marketing; or

(iii) the provision of security, maintenance, or amenities in the district;

(3) may specify which provisions of the county charter or local law relating to personnel, procurement, or similar operational matters apply to the authority, except that minority business enterprise procurement and equal employment opportunity laws may not be waived;

(4) may approve the annual budget of the authority if the county governing body imposes an ad valorem tax to support the authority; and

(5) may provide any financing that it considers appropriate for the authority through fees that may be charged to, or taxes that may be imposed against, businesses subject to the authority’s jurisdiction.

(d) An authority may not:

(1) exercise the power of eminent domain;

(2) purchase, sell, construct, or lease as a lessor office or retail space; or

(3) except as otherwise authorized by law, engage in competition with the private sector.

(e) Any fee or tax imposed under this section shall be used only for the purposes stated in this section and may not revert to the general fund of the county.

(f) A county may establish an authority in accordance with this section as a special taxing district.

§ 10-316

Section 18–301 of this article applies to the use of federal or State financial assistance for commercial or industrial redevelopment projects.

§ 10-317

(a) After reasonable notice and a public hearing, a county may enact local laws to protect and promote public safety, health, morals, comfort, and welfare, relating to:

(1) the location, construction, repair, and use of streets and highways;

(2) the disposal of wastes;

(3) the control of soil erosion and the preservation of the natural topography; or

(4) the erection, construction, repair, and use of buildings and other structures.

(b) A county may enact local laws to provide for appropriate administrative and judicial proceedings, remedies, and sanctions to administer and enforce local laws enacted under subsection (a) of this section.

§ 10-318

A county may:

(1) regulate the construction and maintenance of fences;

(2) provide for a procedure to enforce the rights of parties with reference to a fence; and

(3) provide for a lien for repairs to a fence made by an owner who is not in default.

§ 10-319

(a) A county may provide for:

(1) building, maintaining, and repairing any street, road, lane, alley, footway, bridge, culvert, highway, or public place that is condemned, ceded, opened, widened, extended, or straightened as public property; and

(2) the assessment of the costs of any work done in accordance with item (1) of this subsection on the assessable basis of the county.

(b) A county may provide:

(1) that the owner or possessor of any lot shall grade, regrade, pave, repave, or repair the footways in front of the lot; and

(2) for the enforcement of item (1) of this subsection by fine or penalty.

§ 10-320

(a) A county may provide for the draining of swamps and lowlands.

(b) (1) At the request of the board of managers of a drainage association, the county legislative body shall appoint a board of viewers to determine if the original determination as to which lands have benefited from the drainage improvement project has changed.

(2) The board of viewers shall have the same qualifications, rights, powers, privileges, and duties as the original board of viewers.

(3) The board of viewers shall report its findings to the county legislative body.

(4) The report shall be considered in the same manner as the original report, including the same right to a public hearing and the right to judicial review.

(5) Any revision in the original determination as to which lands benefit from the improvements shall become the basis for all future assessments for paying for the improvements, including related expenses such as damages and the maintenance of the improvements.

§ 10-321

A county may enact local laws that provide for:

(1) the creation of a storm drainage district;

(2) the imposition of taxes in the storm drainage district;

(3) the financing, construction, and maintenance of storm drainage projects; and

(4) the regulation of storm drainage facilities.

§ 10-322

A county has the same powers enumerated in Title 12, Subtitle 7 of this article.

§ 10-323

(a) A county may enact local laws providing for the development and administration of a recreational program including:

(1) the construction, equipment, and use of parks, community centers, and recreational buildings and facilities;

(2) the acquisition of sites for parks, community centers, and recreational buildings and facilities;

(3) financial support for artistic, musical, and cultural public and private nonprofit organizations and activities; and

(4) the furnishing of recreational and other municipal services in connection with parks, community centers, and recreational buildings and facilities.

(b) A county may exercise the authority granted under Title 1, Subtitle 6 of this article.

§ 10-324

(a) (1) A county may enact local laws relating to zoning and planning to protect and promote public safety, health, morals, and welfare, including:

(i) except as provided in § 10–305 of this subtitle, providing for the right to seek review in the circuit court of any matter arising under any local planning or zoning law; and

(ii) establishing a program for the transfer of development rights.

(2) A county may provide that a violation of a zoning law or regulation enacted under this section is a civil zoning violation, enforceable as provided under Title 11, Subtitle 2 of the Land Use Article.

(3) Any decision of the circuit court under paragraph (1)(i) of this subsection may be appealed to the Appellate Court of Maryland.

(b) (1) It is the policy of the State that the orderly development and use of land and structures requires comprehensive regulation through implementation of planning and zoning controls.

(2) It is the policy of the State that planning and zoning controls shall be implemented by local government.

(3) 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.

(4) It is the policy of the 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 provided by public local law and public general law.

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

(2) restrict the county from exercising any power granted to the county by other public general law, public local law, or otherwise;

(3) authorize the county or its officers to engage in any activity that is beyond their power under other public general law, public local law, or otherwise; or

(4) preempt or supersede the regulatory authority of any unit of State government under any public general law.

§ 10-325

(a) (1) A county may enact laws for historic and landmark zoning and preservation:

(i) generally;

(ii) in accordance with Title 8 of the Land Use Article; or

(iii) to be administered generally by a Historic District Commission.

(2) A law enacted under paragraph (1) of this subsection may provide for appeals or judicial review.

(b) The authority conferred under this section is in addition to any charter provision or local law that provides for planning and zoning.

§ 10-326

A county may enact local laws that require a developer of land for residential use to comply with pertinent underground electric and telephone residential service regulations adopted by the Public Service Commission, including those pertaining to deposits.

§ 10-327

A county may establish a county board of health to act instead of the county legislative body as the county board of health under Title 3, Subtitle 2 of the Health – General Article.

§ 10-328

(a) A county may provide for the prevention, abatement, and removal of nuisances.

(b) A county may provide for the prevention of contagious diseases in the county.

(c) A county may regulate any place where offensive trades are conducted or that may involve or give rise to unsanitary conditions or conditions detrimental to health.

(d) This title does not affect:

(1) any power or duty of the Secretary of Health or the Secretary of the Environment; or

(2) any public general law relating to health.

§ 10-329

A county may regulate the conditions under which dogs and livestock may be at large or pass over public ways.

§ 10-330

A county may enact local fish and game laws.

Title 11

Subtitle 1

§ 11-101

In this title, “public local law” has the meaning stated in Article XI–F, § 1 of the Maryland Constitution.

§ 11-102

This title applies only to code counties.

§ 11-103

It is the intent of the General Assembly that the authority exercised under Article XI–F, § 8, of the Maryland Constitution, to limit the rate of property tax that a code county may impose or regulate the maximum amount of indebtedness that a code county may incur, be exercised only when there is the possibility that the code county is imposing an excessive rate of property taxation or is incurring indebtedness in an excessive amount.

Subtitle 2

§ 11-201

(a) Unless a law, a resolution, or an ordinance classifies a violation as a criminal offense, the county commissioners may provide, by law, that a violation of an ordinance, a resolution, or a public local law is a civil infraction.

(b) A civil infraction is a civil offense.

§ 11-202

(a) Any official authorized by the county commissioners to serve a citation may serve a citation on a person who the official believes is committing a civil infraction.

(b) The issuing authority shall retain a copy of the citation.

(1) a certification by the official who issued the citation attesting to the truth of the matter set forth in the citation;

(2) the name and address of the defendant;

(3) the nature of the civil infraction;

(4) the location and time that the civil infraction occurred;

(5) the amount of the fine assessed;

(6) the manner, location, and time in which the fine may be paid to the county; and

(7) notice of the defendant’s right to elect to stand trial.

§ 11-203

A county may impose:

(1) for the first commission of a civil infraction, a fine not exceeding $500; and

(2) for a second or subsequent commission, a fine not exceeding $1,000 for each commission.

§ 11-204

A defendant who receives a citation under this subtitle may:

(1) pay the fine to the county within 20 days after the day on which the citation is received; or

(2) elect to stand trial for the civil infraction as provided in § 11–205 of this subtitle.

§ 11-205

(a) (1) To elect to stand trial for a civil infraction, the defendant shall provide notice of intention to stand trial to the county at least 5 days before the payment date specified in the citation.

(2) After receiving the notice of intention to stand trial, the county shall forward a copy of the citation to the District Court having venue.

(3) After receiving the citation, the District Court shall:

(i) schedule the case for trial; and

(ii) notify the defendant of the trial date.

(b) (1) The county shall send a formal notice of the civil infraction to the defendant’s last known address if a defendant:

(i) does not file a notice of intention to stand trial for the civil infraction within the time required under subsection (a) of this section; and

(ii) does not pay the fine for the civil infraction by the payment date specified in the citation.

(2) If the citation has not been satisfied within 15 days after the date of the notice, the county shall assess an additional fine not exceeding twice the original fine.

(3) If the citation has not been satisfied within 35 days after the date of the notice, the county may request adjudication of the case in the District Court.

(4) After receiving a request from the county, the District Court shall promptly:

(i) schedule the case for trial; and

(ii) summon the defendant to appear.

(5) A defendant’s failure to respond to a summons issued under paragraph (4) of this subsection is contempt of court.

§ 11-206

(a) (1) Subject to subsections (b) and (c) of this section, the State’s Attorney for a county shall prosecute a civil infraction in the same manner as a prosecution of a violation of the criminal laws of the State.

(2) The State’s Attorney may enter a nolle prosequi or place the case on the stet docket in the same manner as provided by law for a violation of the criminal laws of the State.

(b) (1) Subject to the approval of the county commissioners, the State’s Attorney may designate in writing the county attorney or an assistant county attorney to prosecute civil infractions.

(2) The county attorney or assistant county attorney designated under this subsection may exercise the powers of the State’s Attorney in connection with a civil infraction.

(c) The State’s Attorney for Allegany County is not required to be present at a trial for a violation of a civil infraction under §§ 13–503 through 13–506 of this article if the official who issued the citation for the civil infraction is present at the trial on behalf of the county.

§ 11-207

(a) In a civil infraction proceeding:

(1) the 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 court shall apply the evidentiary standards provided by law for the trial of a criminal case;

(4) the defendant may:

(i) cross–examine witnesses;

(ii) produce evidence or witnesses on the defendant’s behalf;

(iii) testify; and

(iv) be represented by counsel of the defendant’s own choice and at the defendant’s expense; and

(5) the burden of proof is the same as required by law in the trial of a criminal case.

(b) The court may:

(1) enter a verdict of guilty or not guilty; or

(2) before entering a verdict, place the defendant on probation in the same manner as allowed in the trial of a criminal case.

§ 11-208

(a) A defendant who is found to have committed a civil infraction shall pay:

(1) the fine imposed under § 11–203 of this subtitle; and

(2) court costs of $5.

(b) A defendant is not liable for payment of costs imposed under § 7–409 of the Courts Article.

§ 11-209

(a) If a defendant is found guilty of a civil infraction and a fine is imposed, the court may direct that the payment of the fine be suspended or deferred under conditions that the court sets.

(b) A court may treat a defendant’s willful failure to pay a fine imposed under this subtitle as a criminal contempt of court.

§ 11-210

(a) A defendant who is found guilty of a civil infraction may file a motion for a new trial or a motion for a revision of judgment as provided by law for a criminal case.

(b) (1) A motion filed under this section shall be filed in the same manner as a motion filed in a criminal case.

(2) In ruling on a motion filed under this section, the court has the same authority that the court has in a criminal case.

§ 11-211

Adjudication of a civil infraction is not a criminal conviction for any purpose.

Subtitle 3

§ 11-301

(a) In this subtitle the following words have the meanings indicated.

(b) “Curfew hours” means the hours between midnight and 5:00 a.m.

(d) “Guardian” means a person who is appointed by a court as a guardian.

(e) (1) “Public place” means a place to which the general public has access for a lawful purpose.

(2) “Public place” includes:

(i) a public street, a sidewalk, an alley, a highway, and a right–of–way of a public street or highway; and

(ii) the common areas of a transport facility, a school, a hospital, an apartment building, an office building, a shopping center, a park, a playground, a parking lot, a theater, a restaurant, a bowling alley, a tavern, a cafe, an arcade, and a shop.

(f) “Remain” means to:

(1) linger unnecessarily in a public place; or

(2) fail to leave the premises of an establishment or a public place when asked by a law enforcement officer or an employee of the establishment or public place.

§ 11-302

This subtitle applies in code counties in the Eastern Shore class as established under § 9–302 of this article.

§ 11-303

After making independent factual findings demonstrating a local need for a curfew, the county commissioners may adopt a juvenile curfew ordinance.

§ 11-304

Subject to § 11–305 of this subtitle, a juvenile curfew ordinance shall state that:

(1) a minor may not remain in a public place or on the premises of an establishment during curfew hours;

(2) a parent or guardian of a minor may not knowingly allow the minor to remain in a public place or on the premises of an establishment during curfew hours; and

(3) the owner, operator, or employee of an establishment may not knowingly allow a minor to remain on the premises of the establishment during curfew hours.

§ 11-305

A juvenile curfew ordinance adopted under this subtitle does not apply to a minor who is:

(1) accompanied by the minor’s parent or guardian;

(2) performing an errand at the direction of the minor’s parent or guardian, without a detour or stop, until 12:30 a.m.;

(3) accompanied by an adult authorized by the minor’s parent or guardian to have temporary care or custody of the minor for a designated period of time within a specified area;

(4) with consent of the minor’s parent or guardian, involved in interstate travel;

(5) engaged in legal employment activity or is going to or returning home from a legal employment activity;

(6) involved in a sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect health, safety, welfare, or property from actual or threatened harm or an unlawful act;

(7) on the property where the minor resides or on the sidewalk abutting the minor’s residence or abutting the residence of a next–door neighbor if an adult resident of that property has given permission for the minor’s presence;

(8) attending or returning directly home from:

(i) a school, religious, or recreational activity supervised by adults and sponsored by the local jurisdiction, a civic organization, or a volunteer association that takes responsibility for the minor; or

(ii) a place of public entertainment, including a movie, play, or sporting event;

(9) exercising First Amendment rights under the United States Constitution if the minor has first submitted to the chief of the local law enforcement agency a written communication that:

(i) is signed by the minor and countersigned, if practicable, by the parent or guardian of the minor;

(ii) includes the parent’s or guardian’s home address and telephone number; and

(iii) specifies when, where, and in what manner the minor will be in a public place during curfew hours; or

(10) remaining in a public place in a case of reasonable necessity if the minor’s parent or guardian has communicated to the chief of the local law enforcement agency facts:

(i) establishing the reasonable necessity; and

(ii) designating:

1. the specific public place and the points of origin and destination for the minor’s travel; and

2. the times the minor will be in the public place or traveling to or from the public place.

§ 11-306

(a) (1) If a law enforcement officer reasonably believes that a minor is in a public place or on the premises of an establishment in violation of a juvenile curfew ordinance, the officer shall:

(i) notify the minor that the minor is in violation of the juvenile curfew ordinance;

(ii) require the minor to tell the officer the minor’s name, address, telephone number, and where to contact the minor’s parent or guardian;

(iii) issue the minor a written warning that the minor is in violation of the juvenile curfew ordinance; and

(iv) order the minor to promptly go home.

(2) The law enforcement officer may take the minor:

(i) to the minor’s home, if appropriate; or

(ii) into custody and transport the minor to a local law enforcement station or designated curfew center when:

1. the minor has received one previous written warning for a violation of a juvenile curfew ordinance;

2. the law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act, as defined in § 3–8A–01 of the Courts Article; or

3. taking the minor into custody is authorized under § 3–8A–14 of the Courts Article.

(3) A law enforcement officer may issue a civil citation for a violation of a juvenile curfew ordinance to:

(i) a minor;

(ii) a parent or guardian of a minor; or

(iii) an owner, operator, or employee of an establishment.

(b) The law enforcement agency shall send written notice of the violation of the juvenile curfew ordinance to the minor’s parent or guardian.

§ 11-307

A civil citation for a violation of a juvenile curfew ordinance shall include a fine:

(1) for a first offense, not exceeding $500; or

(2) for a second or subsequent offense, not exceeding $1,000.

§ 11-308

(a) When a minor is taken into custody for a violation of a juvenile curfew ordinance, the law enforcement officer shall:

(1) immediately notify the parent or guardian of the minor to come take custody of the minor; and

(2) determine whether, consistent with constitutional safeguards, the minor or the parent or guardian, or both, are in violation of the juvenile curfew ordinance.

(b) (1) If the parent or guardian arrives to take custody of the minor and the appropriate information is recorded, the minor shall be released to the custody of the parent or guardian.

(2) If the parent or guardian cannot be located or fails to take custody of the minor, the minor shall be released to:

(i) the local department of social services;

(ii) the Department of Juvenile Services; or

(iii) another adult who will, on behalf of the parent or guardian, assume the responsibility of caring for the minor pending the availability or arrival of the parent or guardian.

Subtitle 4

§ 11-401

(a) In this section, “department” means a department of public facilities and services.

(b) The powers granted under this section may be exercised notwithstanding any other law in effect when the county commissioners exercise a power granted under this section.

(1) establish a department of public facilities and services; and

(2) provide for the organization and functions of the department.

(d) The county commissioners may assign to a department:

(1) responsibility for construction, maintenance, repair, service, and management of:

(i) public works, public buildings, publicly owned water and sewerage facilities and projects, and capital projects;

(ii) water supply facilities and projects;

(iii) wastewater collection, treatment, and disposal facilities and projects;

(iv) solid waste collection, recycling, and disposal facilities and projects;

(v) storm drainage, erosion, and sediment control facilities and projects;

(vi) lighting for roads, highways, alleys, and other public places; or

(vii) mosquito control facilities and programs; and

(2) any other function or duty that is not inconsistent with this section.

(e) (1) Subject to paragraphs (3) and (4) of this subsection, if the county commissioners assign to a department the responsibility for water and sewerage functions, the county commissioners shall abolish by public local law:

(i) any water or sewer authority established for the county under Title 9, Subtitle 9 of the Environment Article; and

(ii) any sanitary district or commission established for the county under Title 9, Subtitle 6 of the Environment Article.

(2) Before abolishing a water or sewer authority or sanitary district or commission, the county commissioners may request that the entity provide to the county appropriate information to assist the county commissioners in complying with paragraph (3) of this subsection.

(3) The public local law shall provide:

(i) for the retiring, refunding, refinancing, transfer, or assumption of any applicable outstanding bonds of the abolished entity;

(ii) for the assumption of all existing assets and liabilities of the abolished entity by the county, subject to an audit of the assets and liabilities by a certified public accountant;

(iii) for the transfer of all real and personal property of the abolished entity to the county;

(iv) for the transfer of responsibility and administration of any legally enforceable agreement between the abolished entity and another party to the county;

(v) for the continued effect of orders, rules, and regulations of the abolished entity, until revoked or modified by the county commissioners;

(vi) that any revenues of an abolished entity remain dedicated for the purpose collected and are not transferred into the county’s general fund; and

(vii) that all matters pending before the abolished entity may continue and shall be completed by the department.

(4) Any employee of a water or sewer authority or of a sanitary district or commission employed on the date that the authority, district, or commission is abolished who transfers to the department or to a municipality or local community under § 11–402 of this subtitle shall transfer without any loss of salary, retirement benefits, insurance benefits, leave time, seniority level, or other employee benefits.

(f) (1) If the county commissioners abolish a water or sewer authority or sanitary district or commission, the county commissioners shall exercise the powers of a water or sewer authority or sanitary district or commission.

(2) The county commissioners may:

(i) adopt regulations for water and sewerage management;

(ii) acquire, construct, operate, or maintain water and sewerage systems as the county commissioners consider to be in the public interest and necessary to protect the general health and welfare; and

(iii) set rates, fees, and assessments for water and sewerage services and benefits.

§ 11-402

(a) (1) In this section, “local community” means an incorporated or unincorporated community, other than a municipality, with a governing board that is elected by the property owners or residents of the community.

(2) “Local community” includes a community association or similar association or a special taxing district if the association or district has a governing board elected by the property owners or residents of the community.

(b) This section applies only if a county establishes a department of public facilities and services and assumes the responsibilities of a sanitary district or commission or a water or sewer authority under § 11–401 of this subtitle.

(c) Subject to subsections (d) and (e) of this section, the county commissioners may enter into an agreement with the governing body of a municipality or a governing board of a local community that transfers responsibility for water or sewerage services to the municipality or local community.

(d) An agreement made under this section shall be in writing and shall require that:

(1) the municipality or local community continues to serve any area, within or outside its boundaries, that is served by the facilities transferred when the transfer occurs;

(2) any increase in fees or taxes for water or sewerage services following the transfer be applied uniformly within and outside the boundaries of the municipality or local community;

(3) the municipality or local community, in accordance with the agreement, assumes legal responsibility for the payment of principal of and interest on any applicable outstanding bonds issued by the county or by a water or sewer authority or a sanitary district or commission with respect to facilities being transferred to the municipality or local community;

(4) the disposal of sewage sludge by the municipality or local community be conducted in accordance with county regulations;

(5) the municipality or local community honors, in accordance with the agreement, any obligation that exists when the transfer occurs, for the treatment at a treatment facility of leachate generated at a landfill in the county;

(6) the municipality or local community complies with the terms of any grant or requirement involving a federal or State agency concerning facilities or operations transferred to the municipality under the agreement; and

(7) any revenues from an entity abolished under § 11–401 of this subtitle and transferred under the agreement remain dedicated for the purpose collected and are not transferred into the municipality’s or local community’s general fund.

(e) An agreement made under this section shall specify:

(1) the obligation of the parties to cooperate in the operation of any laboratory, the sharing of equipment, and other related matters in which the county and municipality or local community might mutually benefit;

(2) the obligation of the parties to satisfy any vested retirement rights of employees who transfer from the county to the municipality or local community under the agreement;

(3) the obligation of the parties to assure the maintenance of salary levels, retirement benefits, insurance benefits, vacation benefits, leave time, seniority levels, and other employee benefits, which are in effect for county employees who transfer to the municipality or local community under the agreement; and

(4) any other matter relating to water or sewerage services on which the county and municipality or local community agree that are consistent with this section.

Subtitle 5

§ 11-501

(a) In this subtitle the following words have the meanings indicated.

(b) “Nonconsensual towing” means towing a motor vehicle from private property without the consent of the motor vehicle’s owner or operator.

(d) “Towing” means the moving or removal of a motor vehicle by a tow truck.

(e) “Towing company” means a person that provides towing services.

(f) “Towing service” means the operation of removing or towing motor vehicles.

§ 11-502

This subtitle applies only in code counties in the Southern Maryland class, as established in § 9–302 of this article.

§ 11-503

The county commissioners may adopt rules and regulations for the licensing, maintenance, and operation of towing companies in the county to:

(1) promote transparency, accountability, and uniformity regarding nonconsensual towing practices;

(2) safeguard the public health and welfare;

(3) promote good civic design; and

(4) promote the health, safety, morals, order, convenience, and prosperity of the community.

§ 11-504

The rules and regulations adopted by the county commissioners may:

(1) require a person who maintains or operates a towing company in the county to obtain a license from the county; and

(2) specify a reasonable fee for the license.

§ 11-505

(a) (1) Before adopting rules and regulations under § 11–503 of this subtitle, the county commissioners shall hold a public hearing.

(2) The rules or regulations are not valid unless a public hearing is held as advertised.

(b) The county commissioners shall publish notice of the time and place of the public hearing in a newspaper of general circulation in the county once a week for not less than 4 successive weeks.

§ 11-506

(a) A person who violates a rule or regulation adopted under § 11–503 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not less than $500 or imprisonment not exceeding 2 months or both.

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

§ 11-507

In the event of a conflict, federal law, State law, or written program guidance issued by a unit of the federal or State government shall preempt a rule or regulation adopted or any other action taken under this subtitle.

Subtitle 6

§ 11-601

(a) In this section, “regular employee” does not include:

(1) an employee, as defined in § 4–501 of the Labor and Employment Article;

(2) an appointed official;

(3) an elected official; or

(4) a supervisory, managerial, or confidential employee.

(b) This section applies only in code counties in the Southern Maryland class, as established in § 9–302 of this article.

(c) (1) A county may enact a local law to provide regular employees of the county the right to organize and bargain collectively with binding arbitration through representative employee organizations chosen by the regular employees.

(2) A local law enacted in accordance with this section shall:

(i) provide definitions of and remedies for unfair labor practices; and

(ii) prohibit strikes or work stoppages by represented regular employees.

(d) A local law enacted in accordance with this section may not affect the rights and duties of a county and any exclusive representatives under a local law enacted in accordance with Title 4, Subtitle 5 of the Labor and Employment Article.

Title 12

Subtitle 1

§ 12-101

(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 governing body of a county may provide for the appointment and removal of any county officer or employee whose appointment or election is not provided for by the Maryland Constitution or public general law or public local law.

§ 12-102

(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) Subject to any restriction imposed by a public general law or public local law, the governing body of a county may determine the compensation of appointed officers and employees of the county.

§ 12-103

(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; and

(7) Worcester County.

(b) The provisions of §§ 9–105 and 9–106 of this article 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 establish a merit system in connection with the appointment of county officials and employees not elected or appointed under the Maryland Constitution or public general law of the State.

§ 12-104

In Dorchester County, the governing body may include in the merit system of the county the employees of the Dorchester County Sanitary District.

§ 12-105

(a) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted under this section.

(b) The County Commissioners of Garrett County shall have a merit system for all county employees in accordance with the recommendations of the Merit System Commission and Governmental Study Commission of Garrett County.

§ 12-106

(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 article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

(i) create, change, or abolish an office or a department; and

(ii) assign additional functions to an office or a department.

(2) The governing body of a county may not create, change, or abolish an office or a department or transfer a function of an office or department established by the Maryland Constitution, public general law, or public local law.

§ 12-107

(a) This section applies to all counties except Baltimore City.

(b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

(1) designed to prevent conflicts between the private interests and public duties of county officers or employees, including the governing body; and

(2) to govern the conduct and actions of county officers and employees, including the governing body, in performing their public duties.

(d) (1) Except as provided in paragraph (2) of this subsection, the governing body of a county may enact a law or regulation to provide for a penalty, including a fine, a forfeiture, an imprisonment, or a removal from office for violation of any law or regulation enacted under subsection (c) of this section.

(2) The governing body of Calvert County shall enact a law or regulation that authorizes the governing body to remove a county elected official from office for violations of any law or regulation enacted under subsection (c) of this section or § 5–807(a)(1) of the General Provisions Article relating to conflicts of interest.

§ 12-108

(a) Except as provided in subsection (b) of this section and notwithstanding any other provision of law, an individual appointed to a board or commission by the County Commissioners of Charles County may not serve more than two consecutive full terms.

(b) Subsection (a) of this section does not apply if the County Commissioners of Charles County determine that there is not a qualified individual to replace an incumbent who has served two consecutive full terms.

§ 12-109

(a) Frederick County may:

(1) pay the wages of a county employee by debit card; and

(2) require a county employee, as a condition of employment, to elect to receive the payment of wages by debit card or, subject to § 1–206(b) and (c) of this article, by direct deposit.

(b) If a county employee elects to receive the payment of wages by debit card, the county shall provide to the employee a statement that includes:

(1) the total amount of the employee’s wages;

(2) any amount deducted from the wages; and

(3) the amount of the wages credited to the debit card.

Subtitle 2

§ 12-201

(a) This subtitle applies to all counties except:

(1) Anne Arundel County;

(2) Baltimore City;

(3) Baltimore County;

(4) Howard County;

(5) Prince George’s County;

(6) Queen Anne’s County; and

(7) Worchester County.

(b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

(1) establish a pension plan or group insurance program for the benefit of its officers and employees; and

(2) establish classifications and eligibility criteria for each pension plan or group insurance program.

§ 12-202

(a) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted under this section.

(b) The County Commissioners of Calvert County may establish a separate fully funded pension plan for the Calvert County Sheriff’s department.

(i) Calvert County deputy sheriffs who are actively engaged in law enforcement;

(ii) Calvert County correctional officers assigned to the county detention center; and

(iii) the Calvert County detention center administrator.

(2) A pension plan established under subsection (b) of this section may not be applied to an individual whose term of office ended before January 1, 1971, if that individual is eligible to receive pension benefits under § 2–318(e) of the Courts Article.

(d) A pension plan established under subsection (b) of this section shall include provisions for:

(1) retirement age eligibility;

(2) retirement based on years of active service, regardless of age;

(3) early retirement eligibility;

(4) disability retirement;

(5) death benefits for a spouse or children;

(6) cost–of–living adjustments; and

(7) cash refund of contributions for participants terminating employment.

(e) An individual who participates in a pension plan established under subsection (b) of this section is not eligible to receive pension benefits under § 2–318(e) of the Courts Article.

(f) (1) Subject to paragraph (2) of this subsection, the County Commissioners of Calvert County shall determine the effective date for any pension plan established under subsection (b) of this section.

(2) The effective date shall conform to the provisions of Title 31, Subtitle 3 of the State Personnel and Pensions Article.

§ 12-203

(a) The County Commissioners of Charles County may provide retirement funds for employees who reach retirement age before the establishment of a pension plan under § 12–201 of this subtitle.

(b) (1) The County Commissioners of Charles County shall establish a separate pension plan for sworn employees of the Charles County Sheriff’s department who:

(i) are actively engaged in law enforcement; and

(ii) were working in law enforcement within the department on or before June 30, 1986.

(2) (i) A member may retire if the member has at least 30 years of active service regardless of age.

(ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 80% of the member’s average base salary for the 3 highest years preceding retirement.

(3) (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 30 years of active service.

(ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance under paragraph (2)(ii) of this subsection, reduced by 2% for each year that the member’s early retirement date precedes the date the member would have had 30 years of active service.

(4) The contribution rate of a member may not exceed 8% of the member’s base salary.

(5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

(6) The pension plan shall provide for cost–of–living adjustments and a cash refund of member contributions, plus interest, for a member who terminates employment with the Charles County Sheriff’s department before retirement.

(7) The pension plan shall provide for a credit of 2% for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member’s retirement after reaching minimum retirement.

(8) For each member, the provisions of the pension plan shall apply retroactively to the member’s original date of employment.

(9) The pension plan is effective on or after July 1, 1995.

(c) (1) The County Commissioners of Charles County shall establish a separate pension plan for sworn employees of the Charles County Sheriff’s department who:

(i) are actively engaged in law enforcement; and

(ii) were hired by the Sheriff’s department on or after July 1, 1986.

(2) (i) A member may retire if the member has at least 30 years of active service regardless of age.

(ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 80% of the member’s average base salary for the 3 highest years preceding retirement.

(3) (i) A member may retire with an early retirement allowance if the member has at least 25 years but less than 30 years of active service.

(4) The pension plan shall include provisions for early retirement after 20 years of service that:

(i) actuarially reduce the retirement allowance depending on the member’s age at the time of retirement and for each year less than 25 years of service; and

(ii) are approved by the county commissioners.

(5) The contribution rate of a member may not exceed 8% of the member’s base salary.

(6) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

(7) The pension plan shall provide for cost–of–living adjustments and a cash refund of member contributions, plus interest, for a member who terminates employment with the Charles County Sheriff’s department before retirement.

(8) The pension plan shall provide for a credit of 2% for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member’s retirement after reaching minimum retirement.

(9) The provisions of the pension plan may include any member who was working in law enforcement on July 1, 1986, and shall apply retroactively to the date of that employment.

(10) The pension plan is effective on or after July 1, 1995.

(d) The pension plan established under subsection (b) or (c) of this section may include the Charles County Sheriff.

(e) (1) The County Commissioners of Charles County shall establish a separate pension plan for employees of the Charles County Sheriff’s department who are classified as correctional officers.

(2) (i) A member may retire if the member has at least 25 years of active service regardless of age.

(ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 2.25% of the member’s average base salary for the 3 highest years preceding retirement multiplied by each year of the member’s years of credited service.

(iii) A member’s retirement allowance provided under this paragraph may not exceed 75% of the member’s average base salary for the 3 highest years preceding retirement.

(3) (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 25 years of active service.

(ii) The pension plan shall include provisions for early retirement after 20 years of active service that:

1. actuarially reduce the retirement allowance depending on the member’s age at the time of retirement and for each year less than 25 years of service; and

2. are approved by the county commissioners.

(4) The contribution rate of a member may not exceed 7% of the member’s base salary.

(5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

(6) The pension plan shall provide for cost–of–living adjustments and a cash refund of member contributions for a member who terminates employment with the Charles County Sheriff’s department before retirement.

(7) The pension plan shall provide for a credit for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member’s retirement after reaching minimum retirement.

(8) The provisions of the pension plan may include any member who was working as a Charles County correctional officer on July 1, 1995, and shall apply retroactively to the date of that employment.

(9) The pension plan is effective on or after July 1, 1995.

(f) (1) The County Commissioners of Charles County shall establish a separate pension plan for employees of Charles County who are classified as communications employees.

(2) (i) A member may retire if the member has at least 25 years of active service regardless of age.

(ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 2% of the member’s average base salary for the 3 highest years preceding retirement multiplied by each year of the member’s years of credited service.

(iii) A member’s retirement allowance provided under this paragraph may not exceed 75% of the member’s average base salary for the 3 highest years preceding retirement.

(3) (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 25 years of active service.

(ii) The pension plan shall include provisions for early retirement after 20 years of active service that:

1. actuarially reduce the retirement allowance depending on the member’s age at the time of retirement and for each year less than 25 years of service; and

2. are approved by the county commissioners.

(4) The contribution rate of a member may not exceed 7% of the member’s base salary.

(5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

(6) The pension plan shall provide for cost–of–living adjustments and a cash refund of member contributions for a member who terminates employment as a communications employee for Charles County before retirement.

(8) The provisions of the pension plan may include any member who was working as a communications employee for Charles County on July 1, 1995, and shall apply retroactively to the date of that employment.

(9) The pension plan is effective on or after July 1, 1995.

§ 12-204

The governing body of Dorchester County may include the employees of the Dorchester County liquor control board and the Dorchester County Sheriff’s department in any pension plan or group insurance program established by the governing body.

§ 12-205

(a) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted under this section.

(b) The County Commissioners of Garrett County may provide a pension plan and group health and hospital insurance benefits for county officers and employees.

(c) The County Commissioners of Garrett County may provide group health and hospital insurance benefits for retired county officers and employees.

§ 12-206

(a) The County Commissioners of Kent County may provide retirement funds for employees who reach retirement age before the establishment of a pension plan under § 12–201 of this subtitle.

(b) The County Commissioners of Kent County may include any official or employee of the Kent County Sheriff’s department in a pension plan or group insurance program established by the county commissioners.

§ 12-207

(a) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted under this section.

(b) The County Commissioners of St. Mary’s County may adopt a separate pension plan or may amend an existing pension plan for:

(1) the Sheriff;

(2) deputy sheriffs; or

(3) correctional officers.

(1) adopt the provisions of any pension plan established under subsection (b) of this section; or

(2) amend the provisions of any existing pension plan.

(d) The County Commissioners of St. Mary’s County shall provide for the funding required to implement and support any action taken under this section.

§ 12-208

(a) (1) (i) This subsection does not apply to Baltimore City.

(ii) This subsection applies to any school teacher who is:

1. a retiree of the Teachers’ Retirement System or the Teachers’ Pension System as provided for under Title 22 or Title 23 of the State Personnel and Pensions Article; and

2. receiving a retirement allowance less than $125 per month.

(2) The county commissioners or county council may pay a retiree described under paragraph (1)(ii) of this subsection who retired as an employee of the county public school system the lesser of:

(i) $50 per month; or

(ii) $125 per month less the retirement allowance the retiree is currently receiving.

(3) To receive an additional monthly allowance described under paragraph (2) of this subsection, the retiree shall submit an application to the county commissioner or county council.

(4) Any county commissioners or county council that provides a monthly allowance under paragraph (2) of this subsection annually shall impose a tax in an amount sufficient to pay for the additional benefit.

(b) (1) This subsection applies to any Baltimore County school teacher who is:

(i) a retiree of the Teachers’ Retirement System or the Teachers’ Pension System as provided for under Title 22 or Title 23 of the State Personnel and Pensions Article; and

(ii) receiving a retirement allowance less than $125 per month.

(2) (i) The County Council of Baltimore County may pay additional benefits to an individual described under paragraph (1) of this subsection.

(ii) The amount of the additional benefit shall be as provided in subsection (a)(2) of this section.

(3) To receive an additional monthly allowance described under paragraph (2) of this subsection, the retiree shall submit an application to the county council.

(c) (1) In addition to any benefit paid in accordance with subsection (a) of this section, the governing body of Frederick County may pay an additional $8 per month to any retiree described in subsection (a)(1) of this section.

(2) The governing body shall impose a tax in an amount sufficient to pay for the additional benefit described in paragraph (1) of this subsection.

§ 12-209

(a) This section applies only to Carroll County.

(b) Notwithstanding any other law, the Board of County Commissioners may not establish:

(1) a group insurance program to be offered to the county commissioners, in any year, that offers different benefits or a different county subsidy allowance than the group insurance program offered to full–time county employees for that year; or

(2) a defined benefit or defined contribution pension plan to be offered to the county commissioners that is separate from a defined benefit or defined contribution pension plan offered to full–time county employees.

(1) each year may participate in the group insurance program offered to full–time county employees, and may receive the same county subsidy allowed to full–time county employees for that year; and

(2) each year may participate in a defined benefit or defined contribution pension plan offered to full–time county employees, but is not eligible for any employer matching contribution.

Subtitle 3

§ 12-301

(a) This section applies only to commission counties.

(b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted under this section.

(1) establish a competitive bidding process for awarding contracts for services or the purchase of supplies if the contract exceeds $15,000;

(2) require a bond in connection with a contract, regardless of the amount; and

(3) if no bids are submitted in response to a request for bids, obtain the services or supplies in a manner that the county commissioners consider appropriate.

(d) In Somerset County, subsection (c) of this section does not apply to a contract solely for design or consultation services.

(e) In St. Mary’s County, subsection (c) of this section applies only to a contract for services or the purchase of supplies if the contract exceeds $50,000.

§ 12-302

(a) In this section, “government organization” includes:

(1) a county;

(2) a board of education;

(3) a municipality; or

(4) a government cooperative purchasing organization.

(b) The County Commissioners of Garrett County may purchase goods and services through a contract entered into by a vendor and a government organization that does not participate in a cooperative purchasing agreement in which Garrett County is a member.

§ 12-303

(a) This section applies only to commission counties.

(b) When awarding a contract for services, the county commissioners of a county shall:

(1) enter into a written contract; and

(2) require the contractor to provide a performance bond for security in accordance with the terms and specifications of the contract.

Subtitle 4

§ 12-401

(a) This section applies to all counties, except Baltimore City.

(b) Except as provided in §§ 12–404, 12–405, 12–406, 12–408, 12–409, 12–410, and 12–411 of this subtitle, the governing body of a county may:

(1) acquire, by lease, purchase, gift, devise, bequest, condemnation, or any other method, an interest in any property that is needed for a public purpose;

(2) construct buildings on the property for the benefit of the county;

(3) sell surplus property at public sale, after advertising the sale for at least 20 days; or

(4) (i) provide wholly or partly for the financing of housing or a housing project; and

(ii) place a deed of trust, mortgage, or other instrument on the financed property to ensure repayment of money used to purchase, construct, rehabilitate, or develop the housing or housing project.

§ 12-402

(a) (1) The County Commissioners of Calvert County may acquire an option on real property that is needed for a public purpose.

(2) For at least 3 successive weeks immediately after acquiring an option to lease or purchase real property, the county commissioners shall publish notice of the option in at least one newspaper of general circulation in the county.

(3) The notice shall include:

(i) the name of the optionee;

(ii) the purpose for securing the option; and

(iii) the price and terms of the option.

(b) (1) The County Commissioners of Calvert County may:

(i) purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years;

(ii) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and

(iii) pledge and assign the personal property purchased or leased to secure the obligation.

(2) (i) The county commissioners may enter into a contract under paragraph (1) of this subsection only if:

1. the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective;

2. subject to subparagraph (ii) of this paragraph, the contract authorizes the county commissioners to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated;

3. the contract provides that, except if the county commissioners default in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and

4. the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to:

A. money appropriated for contract payments for that fiscal year;

B. any money realized from the personal property purchased or leased under the contract; and

C. any other money legally available for contract payment.

(ii) The contract may provide that a contract termination is ineffective if the county commissioners purchase or lease personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time.

(2) (i) If the county commissioners decide to sell real property where a facility for which the county commissioners appropriated at least $1,000 in any year is located, the county commissioners shall sell the property by sealed bids.

(ii) The county commissioners shall advertise an invitation for bids for at least 3 successive weeks in at least one newspaper of general circulation in the county.

(iii) The advertisement shall:

1. accurately describe the property;

2. state the time and place for the opening of the bids; and

3. state that the county commissioners reserve the right to reject a bid.

(iv) The county commissioners shall open all bids publicly at the time stated in the advertisement.

(v) The county commissioners shall sell the property to the highest bidder, unless the county commissioners determine that the county would be better served by selling the property to another bidder.

(vi) If the county commissioners reject all bids or if no bids are submitted, the county commissioners may dispose of the property in a manner that the county commissioners determine to be appropriate.

(d) (1) Except as provided in paragraph (2) of this subsection, the County Commissioners of Calvert County may transfer, convey, or lease any interest in the real property known as the Solomons Elementary School property to the Calvert County Historical Society, Inc., for use as a public maritime museum without complying with the requirements of this section.

(2) A transfer of real property to the Calvert County Historical Society, Inc., under this subsection is subject to subsection (e)(2) and (3) of this section.

(3) If the Solomons Elementary School property ceases to be used as a museum open to the public, the property immediately shall revert to the county.

(e) (1) (i) By resolution, the County Commissioners of Calvert County may transfer an interest in real property to the federal government, the State, a political subdivision, or a public instrumentality without consideration if the property will be used for a public purpose.

(ii) A transfer instrument executed under this paragraph shall include a provision that the property shall revert to the county if the property ceases to be used for a public purpose, unless the county commissioners expressly waive receipt of the reversionary interest at the time the transferee ceases to use the property for a public purpose.

(2) By resolution, the county commissioners may donate an interest in surplus real property to a private, nonprofit corporation for educational, human services, housing, cultural, recreational, or community uses.

(3) Before transferring or donating property under this subsection, the county commissioners shall:

(i) hold a public hearing at least 10 days before taking action on the proposed resolution;

(ii) publish notice of the hearing and a synopsis of the proposed resolution once each week for 2 successive weeks before the hearing in at least one newspaper of general circulation in the county; and

(iii) have an appraisal made of the property for discussion at the hearing.

(f) (1) The County Commissioners of Calvert County may:

(i) provide wholly or partly for the financing of the purchase, construction, rehabilitation, or development of housing or a housing project; and

(ii) record a deed of trust, mortgage, or other instrument on the property where the housing or housing project is located to ensure repayment of money provided under this paragraph.

(2) The county commissioners shall:

(i) adopt a resolution each time money is provided under this subsection;

(ii) hold a public hearing at least 10 days before taking action on a proposed resolution; and

(iii) publish notice of the hearing and a synopsis of the proposed resolution once each week for 2 successive weeks before the hearing in at least one newspaper of general circulation in the county.

§ 12-403

(a) The County Commissioners of Caroline County may:

(1) purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years;

(2) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and

(3) pledge and assign the personal property purchased or leased to secure the obligation.

(b) (1) The County Commissioners of Caroline County may enter into a contract under subsection (a) of this section only if:

(i) the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective;

(ii) subject to paragraph (2) of this subsection, the contract authorizes the county commissioners to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated;

(iii) the contract provides that, except if the county commissioners default in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and

(iv) the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to:

1. money appropriated for contract payments for that fiscal year;

2. any money realized from the personal property purchased or leased under the contract; and

3. any other money legally available for contract payment.

(2) The contract may provide that a contract termination is ineffective if the county commissioners purchase or lease personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time.

§ 12-404

(a) Except for the procurement of an option to purchase real property, the County Commissioners of Carroll County or a public agency of the county may not take final action to purchase real property unless:

(1) the action is taken at a public meeting; and

(2) if the consideration for the property is $7,000 or more, the county commissioners or public agency have given public notice of the intent to purchase the real property at least 15 calendar days before the meeting.

(b) (1) The County Commissioners of Carroll County may:

(i) transfer without public sale an interest in surplus county real property to another government unit in the county under terms and conditions and for consideration, if any, as determined by the county commissioners; and

(ii) execute and acknowledge any instruments necessary to transfer the property.

(2) The county commissioners shall obtain three independent appraisals before selling surplus school board real property under this subsection.

(c) (1) If the County Commissioners of Carroll County determine at a public sale of surplus county property that the highest bid is not reasonable, the county commissioners may reject all bids on the property.

(2) If the county commissioners reject all bids under this subsection, the county commissioners:

(i) shall record the highest bid in the minutes; and

(ii) may privately negotiate and sell the surplus property for a higher price if:

1. the settlement of the property sale is within 1 year after the date of the initial public sale; and

2. the county commissioners announce the privately negotiated agreement at the first meeting after reaching the agreement.

(3) The county commissioners shall adopt regulations to implement this subsection.

(d) The County Commissioners of Carroll County may dispose of surplus county personal property with a value of less than $250 by:

(1) public auction;

(2) public sale that is advertised by public notice in a media that is accessible to the general public;

(3) transfer to a unit of a county, a municipality, or the State;

(4) transfer to a private nonprofit corporation that is tax exempt under § 501(c)(3) of the Internal Revenue Code and authorized to receive appropriations from the county;

(5) deposit at the swap shop at the Northern Landfill; or

(6) disposal in a solid waste disposal facility.

§ 12-405

(a) (1) Notwithstanding any other provision of State law, when negotiating to purchase real property, the governing body of Cecil County, a unit of the county, or the Cecil County Board of Education first shall acquire an option on the property.

(2) An option acquired under this subsection shall be:

(i) acquired for consideration not exceeding $100; and

(ii) for the purchase of property at a fixed price within an agreed period of time not exceeding 6 months.

(3) An option may not be disclosed to the public until the option is signed by both parties.

(4) After an option has been signed by both parties, the governing body, unit of the county, or county board of education shall publish notice of the option once each week for 2 successive weeks in a newspaper of general circulation in the county.

(5) (i) A notice published under this subsection shall specify:

1. the name of the optioner and optionee;

2. the length of the option;

3. the proposed purchase price for the property; and

4. the date, time, and place for the public hearing on the option.

(ii) The governing body, unit of the county, or county board of education shall set a date for the hearing that is between 7 and 30 days, inclusive, after the date on which the final notice is published.

(6) The governing body, unit of the county, or county board of education shall allow any person to testify at a public hearing on an option.

(7) After the public hearing, the governing body, unit of the county, or county board of education:

(i) shall exercise the option as soon as legally allowed, if the governing body, unit of the county, or county board of education determines that the option is necessary or desirable; or

(ii) may not exercise the option, if the governing body, unit of the county, or county board of education determines that the option is not necessary or desirable.

(b) (1) The governing body of Cecil County may:

(i) sell by public or private sale or lease surplus county real property; and

(ii) execute and acknowledge any instrument necessary to transfer the property.

(2) Before the governing body may contract to transfer an interest in county real property, the governing body shall:

(i) hold a public hearing between the hours of 6 p.m. and 10 p.m.; and

(ii) advertise the public hearing at least 2 weeks before the day of the hearing in a newspaper of general circulation in the county.

§ 12-406

(a) (1) The County Commissioners of Charles County may:

(i) purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years;

(ii) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and

(iii) pledge and assign the personal property purchased or leased to secure the obligation.

(2) (i) The county commissioners may enter into a contract described under paragraph (1) of this subsection only if:

1. the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective;

4. the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to:

A. money appropriated for contract payments for that fiscal year;

B. any money realized from the personal property purchased or leased under the contract; and

C. any other money legally available for contract payment.

(b) (1) (i) The County Commissioners of Charles County may:

1. transfer without public sale an interest in surplus county property to another government unit in the county under terms and conditions and for consideration, if any, as determined by the county commissioners; and

2. execute and acknowledge any instruments necessary to transfer the property.

(ii) The county commissioners shall obtain three independent appraisals before selling surplus school board real property under this paragraph.

(2) Notwithstanding any other provision in this section, the county commissioners may transfer by public or private sale, any interest in surplus real property under terms determined by the county commissioners if the transfer of the property would contribute to economic development in the county.

(c) (1) To establish affordable housing for families of limited income as defined in § 4–901 of the Housing and Community Development Article or to address education, human services, housing, cultural, recreational, or community needs, the County Commissioners of Charles County may:

(i) by resolution, transfer surplus real property in the county to a private nonprofit corporation in the county or to the Housing Commission of Charles County, with or without consideration; or

(ii) sell or, if the State does not have a financial interest in the property, donate surplus school property that is transferred to the county by the school board, to a government unit or a private nonprofit corporation.

(2) Before transferring surplus property under this subsection, the county commissioners shall:

(i) hold a public hearing;

(ii) at the hearing, solicit and accept comments concerning the transfer; and

(iii) at the hearing, consider issues related to the transfer that include:

1. compatibility of the proposed use with the neighborhood;

2. financial issues, including the ability of the proposed transferee to construct, renovate, maintain, and operate a facility on the property;

3. the historical significance of the property; and

4. unique characteristics of any structure on the property.

(3) The notice of the public hearing shall:

(i) be published at least once each week for 2 successive weeks, with the last notice advertised at least 7 days before the date of the hearing in a newspaper of general circulation in the county; and

(ii) include an appraisal of the property obtained by the county commissioners.

(4) The county commissioners shall adopt regulations to implement this subsection.

(d) (1) The County Commissioners of Charles County may:

(i) acquire by purchase, lease, condemnation, gift, or devise real property, or any interest in property, to establish county roads;

(ii) return real property to the original owner of the property or the owner’s successor in interest when the property is no longer needed for road purposes;

(iii) sell at a public or private sale any property established as a county road when the property is no longer needed for road purposes; and

(iv) exchange real property established as a county road when the property is no longer needed for road purposes for other real property needed to establish county roads.

(2) The county commissioners shall advertise the sale or exchange of property under this section at least 20 days before the date of the sale or exchange.

(e) (1) If the County Commissioners of Charles County determine at a public sale of surplus county property that the highest bid is not reasonable, the county commissioners may reject all bids on the property.

(2) If the county commissioners reject all bids under this subsection, the county commissioners:

(i) shall record the highest bid in the minutes; and

(ii) may privately negotiate and sell the surplus property for a higher price if:

1. the settlement of the property sale is within 1 year from the day of the initial public sale; and

2. the county commissioners announce the privately negotiated agreement at the first meeting after reaching the agreement.

(3) The county commissioners shall adopt regulations to implement this subsection.

§ 12-407

(a) (1) The governing body of Dorchester County may:

(i) purchase or lease personal property under a multiyear contract that requires the governing body to make installment or rental payments during 2 or more fiscal years;

(ii) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and

(iii) pledge and assign the personal property purchased or leased to secure the obligation.

(2) (i) The governing body may enter into a contract under paragraph (1) of this subsection only if:

1. the governing body has appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective;

2. subject to subparagraph (ii) of this paragraph, the contract authorizes the governing body to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated;

3. the contract provides that, except if the governing body defaults in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and

4. the contract provides that, if the governing body defaults in payment under the contract, the obligation for payment is limited to:

A. money appropriated for contract payments for that fiscal year;

B. any money realized from the personal property purchased or leased under the contract; and

C. any other money legally available for contract payment.

(ii) The contract may provide that a contract termination is ineffective if the governing body purchases or leases personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time.

(b) (1) Except as provided in subsection (d) of this section, the governing body of Dorchester County may:

(i) transfer without public sale any interest in surplus county real property to another government unit in the county under terms and conditions and for consideration, if any, as determined by the governing body; and

(ii) execute and acknowledge any instruments necessary to transfer the property.

(2) The governing body may:

(i) lease surplus real property to a nonprofit organization on terms and conditions as determined by the governing body; and

(ii) execute and acknowledge any instruments necessary to lease the property.

(1) transfer without public sale surplus county real property, or any reversionary interest in that property, to any volunteer fire company located in the county for use in providing fire, emergency, and supporting services or facilities, on terms and conditions and for consideration, if any, as determined by the governing body; and

(2) execute and acknowledge any instruments necessary to transfer the property.

(d) (1) When selling or leasing riparian rights adjacent to county real property located in the City of Cambridge, the governing body of Dorchester County shall:

(i) solicit sealed bids or proposals by public advertisement in at least one newspaper of general circulation in the county;

(ii) open the sealed bids or proposals in public;

(iii) reject any unresponsive or unacceptable bid or proposal; and

(iv) select the bidder or offeror who proposes terms most favorable to the county.

(2) The governing body may take any action necessary to implement a competitive bidding process under this subsection.

§ 12-408

(a) (1) Frederick County may:

(i) purchase or lease personal property under a multiyear contract that requires the county to make installment or rental payments during 2 or more fiscal years;

(ii) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and

(iii) pledge and assign the personal property purchased or leased to secure the obligation.

(2) (i) The county may enter into a contract under paragraph (1) of this subsection only if:

1. the county has appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective;

2. subject to subparagraph (ii) of this paragraph, the contract authorizes the county to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated;

3. the contract provides that, except if the county defaults in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and

4. the contract provides that, if the county defaults in payment under the contract, the obligation for payment is limited to:

A. money appropriated for contract payments for that fiscal year;

B. any money realized from the personal property purchased or leased under the contract; and

C. any other money legally available for contract payment.

(ii) The contract may provide that a contract termination is ineffective if the county purchases or leases personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time.

(b) Frederick County may sell to a government unit located in the county or to the Frederick Memorial Hospital, Inc., surplus school board real property:

(1) without advertising the property for sale; and

(2) after obtaining three independent appraisals.

(c) Frederick County may sell surplus county real property at a public or private sale if, subject to county procedures, the governing body of Frederick County holds a hearing on the sale and provides adequate notice of the hearing.

(d) (1) Frederick County may:

(i) accept a donation of real property that is not needed for a public purpose; and

(ii) sell the property by public or private sale for consideration that the county determines to be adequate.

(2) The county shall use all proceeds from the sale of real property under this subsection in accordance with the county budget or a resolution adopted by the governing body.

(3) A sales agreement entered into under this subsection is not effective until:

(i) a copy of the agreement is filed with the clerk of the court; and

(ii) a summary of the agreement is published in at least one newspaper of general circulation in the county.

(e) Frederick County may sell an abandoned right–of–way in the county by public or private sale, after advertising the property for sale for at least 20 days.

§ 12-409

(a) (1) The County Commissioners of Garrett County may: