|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
HARRY HUGHES, Governor
|
|
1283
|
|
|
|
|
|
|
|
|
|
|
|
|
ORDINANCE OR CHARTER AMENDMENT HAVING PROSPECTIVE OR
RETROSPECTIVE APPLICABILITY, OR BOTH:
(I) SPECIFICALLY EXEMPTS ITSELF FROM SUCH
COUNTY LEGISLATION; OR
(II) GENERALLY EXEMPTS ITSELF FROM ALL COUNTY
LEGISLATION COVERED BY SUCH GRANTS OF AUTHORITY TO THE
MUNICIPALITY.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A)(2) AND
(A)(3) ABOVE, THE FOLLOWING CATEGORIES OF COUNTY LEGISLATION, IF
OTHERWISE WITHIN THE SCOPE OF LEGISLATIVE POWERS GRANTED THE
COUNTY BY THE GENERAL ASSEMBLY, SHALL NEVERTHELESS APPLY WITHIN
ALL MUNICIPALITIES IN THE COUNTY:
(1) COUNTY LEGISLATION WHERE A LAW ENACTED BY THE
GENERAL ASSEMBLY SO PROVIDES;
(2) COUNTY REVENUE OR TAX LEGISLATION, SUBJECT TO THE
PROVISIONS OF ARTICLE 81, OR LEGISLATION ADOPTING A COUNTY
BUDGET; AND
(3) COUNTY LEGISLATION WHICH IS ENACTED IN ACCORDANCE
WITH REQUIREMENTS OTHERWISE APPLICABLE IN SUCH COUNTY TO
LEGISLATION THAT IS TO BECOME EFFECTIVE IMMEDIATELY AND WHICH
ALSO MEETS THE FOLLOWING REQUIREMENTS:
(I) THE LEGISLATIVE BODY OF THE COUNTY MAKES A
SPECIFIC FINDING BASED ON EVIDENCE OF RECORD AFTER A HEARING HELD
IN ACCORDANCE WITH THE REQUIREMENTS OF SUBPARAGRAPH (II) HEREOF
THAT THERE WILL BE A SIGNIFICANT ADVERSE IMPACT ON CITIZENS THE
PUBLIC HEALTH, SAFETY, OR WELFARE AFFECTING RESIDENTS OF THE
COUNTY IN UNINCORPORATED AREAS IF SUCH COUNTY LEGISLATION DOES
NOT APPLY IN ALL MUNICIPALITIES LOCATED IN SUCH COUNTY;
(II) THE LEGISLATIVE BODY OF THE COUNTY
CONDUCTS A PUBLIC HEARING AT WHICH ALL MUNICIPALITIES IN THE
COUNTY AND INTERESTED PERSONS SHALL BE GIVEN AN OPPORTUNITY TO BE
HEARD, NOTICE OF WHICH IS GIVEN BY THE MAILING OF CERTIFIED MAIL
NOTICE TO EACH MUNICIPALITY IN THE COUNTY NOT LESS THAN 15 30
DAYS PRIOR TO THE HEARING AND BY PUBLICATION IN A NEWSPAPER OF
GENERAL CIRCULATION IN THE COUNTY FOR 2 3 SUCCESSIVE WEEKS, THE
FIRST PUBLICATION TO BE NOT LESS THAN 15 30 DAYS PRIOR TO THE
HEARING; AND
(III) THE COUNTY LEGISLATION IS ENACTED BY THE
AFFIRMATIVE VOTE OF NOT LESS THAN TWO-THIRDS OF THE AUTHORIZED
MEMBERSHIP OF THE COUNTY LEGISLATIVE BODY.
(4) COUNTY LEGISLATION TO BE EFFECTIVE WITHIN THE
MUNICIPALITIES WHICH IS ENACTED IN ACCORDANCE WITH THE PROCEDURES
SET FORTH IN PARAGRAPH (B)(3) SHALL BE SUBJECT TO JUDICIAL REVIEW
OF THE FINDING MADE UNDER SUBPARAGRAPH (3)(I) AND OF THE
RESULTANT APPLICABILITY OF SUCH LEGISLATION TO MUNICIPALITIES IN
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
