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Ch. 395
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1256
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LAWS OF MARYLAND
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WHEREAS, The Governor's Task Force on Local Government
Antitrust Liability has conducted an examination of principal
areas of local government activities potentially exposed to
antitrust liability, and has discussed the rationale of various
categories of local government activities potentially
inconsistent with competition; and
WHEREAS, The General Assembly of Maryland after reviewing
the final report of the Task Force and its findings with respect
to particular areas of local government activities and after
public hearings on the Task Force recommendations, find that it
is in the public interest with respect to certain such areas that
the power and of local governments to supplant displace or limit
competition or both be confirmed in the light of the rationale
for such regulations described in the report of the Task Force
and its public hearings; and
WHEREAS, It is the purpose of the General Assembly not to
grant local governments powers in any substantive areas not
otherwise granted them under existing law, and not to restrict
local governments from executing powers granted them by existing
law, but to confirm existing powers of local governments to
supplant displace or limit competition with respect to the
subjects dealt with herein; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 23A - Corporations - Municipal
2.
The legislative body of every incorporated municipality in
this State, except Baltimore City, by whatever name known, shall
have general power to pass such ordinances not contrary to the
public general or public local laws and the Constitution of
Maryland as they may deem necessary in order to assure the good
government of the municipality, to protect and preserve the
municipality's rights, property, and privileges, to preserve
peace and good order, to secure persons and property from danger
and destruction, and to protect the health, comfort and
convenience of the citizens of the municipality; but nothing in
this article shall be construed to authorize the legislative body
of any incorporated municipality to pass any ordinance which is
inconsistent or in conflict with any ordinance, rule or
regulation passed, ordained or adopted by the Maryland-National
Capital Park and Planning Commission and the Washington Suburban
Sanitary Commission, and nothing in this article shall be taken
or construed to affect, change, modify, limit or restrict in any
manner any of the corporate powers of the Mayor and City Council
of Baltimore which it now has or which hereafter may be granted
to it.
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