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447
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MARVIN MANDEL, Governor
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OR BY WHOM THE WORK IS DONE SHALL PAY THE COST OF
REPLACING THE HIGHWAY IN AS GOOD A CONDITION AS BEFORE
THE WORK WAS DONE.
(C) WHEN PERMIT NOT REQUIRED.
A PERMIT IS NOT REQUIRED OF:
(1) A MUNICIPAL CORPORATION, UNLESS IT
OTHERWISE IS REQUIRED BY LAW TO OBTAIN ONE; OR
(2) AN ELECTRIC RAILROAD COMPANY FOR ITS
OPERATION OR THE MAINTENANCE OF ITS ROADBED AND OVERHEAD
CONSTRUCTION, BUT ALL NECESSARY REPAIRS AND THE
MAINTENANCE OF ITS ROADBED, INCLUDING THE AREA WITHIN 2
FEET OF EACH SIDE OF THE TRACKS, SHALL BE PERFORMED TO
THE SATISFACTION OF THE ADMINISTRATION AND UNDER ITS
SUPERVISION.
(D) PENALTIES.
ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $100.
REVISOR'S NOTE: This section is new language derived
from the first, second, and fourth sentences
of Art. 89B, §43.
As to subsection (c)(2) of this section,
present §43 is unclear as to whether its
intent is merely to prohibit direct
interference with electric railroad tracks
(such as digging them up without permission)
or, since the railroad's maintenance is to be
performed under Administration supervision, to
waive the requirement for a permit. The
revision adopts the latter view. This
provision, though apparently obsolete and, in
any event, totally inapplicable in Baltimore
City, is retained at the request of the Mass
Transit Administration.
In subsection (d) of this section, the
provisions of present §43 that authorize
prosecutions of violations "at the instance of
any taxpayer" are deleted as unnecessary and
obsolete. Also, the presently specified
minimum penalty of $25 for violation of this
section is deleted to conform to the statement
of legislative policy contained in Art. 27,
§643 of the Code, which sets forth the general
rule that, notwithstanding a prescribed
minimum penalty, the court nevertheless may
impose a lesser penalty of the same character.
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The third sentence of present §43, which
relates to construction of roads through
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