HARRY HUGHES, Governor

2445

SECRETARY ADOPTS UNDER SUBTITLE 1 OF THIS TITLE IS GUILTY OF
A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE FOR
EACH OFFENSE NOT EXCEEDING THE LESSER OF THE PENALTY
PROVIDED BY THE RULE OR REGULATION OR $100.

REVISOR'S NOTE: This section is new language patterned
after the last clause of the second sentence of
Article 43, § 2.

The reference to a violation being a misdemeanor
is new language added for clarity.

The reference in Article 43, § 2 to the rules and
-regulations bearing the seal and attestation of
the Secretary is omitted as unnecessary.

10-305. NUISANCES IN CECIL AND ALLEGANY COUNTIES.

(A)  "NUISANCE" DEFINED.

IN THIS SECTION, "NUISANCE" INCLUDES:

(1)  ANY CONDITION THAT IS DANGEROUS TO HEALTH OR
SAFETY, SUCH AS AN INADEQUATELY PROTECTED SWIMMING POOL OR
DITCH;

(2)  ANY CONDITION THAT MAY ADVERSELY AFFECT THE
PUBLIC HEALTH, SUCH AS AN UNSANITARY OUTHOUSE, A FOUL
PIGPEN, AN IMPROPERLY FUNCTIONING SEWAGE SYSTEM, AN UNKEPT
JUNKYARD, AN EXCESSIVE ACCUMULATION OF TRASH OR GARBAGE,
DEAD ANIMALS, A CONTAMINATED WATER SUPPLY, AN INADEQUATELY
PROTECTED WATER SUPPLY, OR A RAT HARBORAGE;

(3)  HOUSEKEEPING IN ANY BUILDING THAT IS SO POOR
THAT THE HEALTH OF THE OWNER, OCCUPANTS, EMPLOYEES, OR
NEIGHBORS MAY BE ENDANGERED; AND

(4)  ANY CONDITION THAT MAY ENDANGER HEALTH
THROUGH THE SPREADING OF THE CONDITION BY ANY MEANS,
INCLUDING BY STREAMS, SURFACE DRAINAGE, AIR CURRENTS,   WINGED
LIFE, DOMESTIC ANIMALS, OR HUMAN BEINGS.

(B)  PROHIBITION; PENALTY.

IN CECIL OR ALLEGANY COUNTIES, IN ADDITION TO ANY OTHER
PENALTY IMPOSED BY THIS SUBTITLE, A PERSON WHO REFUSES OR
NEGLECTS TO COMPLY WITH A NOTICE OR ORDER TO ABATE A
NUISANCE BY THE SECRETARY, OR BY THE HEALTH OFFICER FOR THE
COUNTY WHERE THE NUISANCE EXISTS, IS GUILTY OF A MISDEMEANOR
AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $100 A
DAY FOR EACH DAY THE VIOLATION CONTINUES.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 104A(a) and (b).