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Ch. 398
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1284
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LAWS OF MARYLAND
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THE COUNTY BY THE CIRCUIT COURT OF THE COUNTY IN ACCORDANCE WITH
THE PROVISIONS OF THE MARYLAND RULES OF PROCEDURE GOVERNING
APPEALS FROM ADMINISTRATIVE AGENCIES. ANY APPEAL SHALL BE FILED
WITHIN 30 DAYS OF THE EFFECTIVE DATE OF SUCH COUNTY LEGISLATION.
IN ANY JUDICIAL PROCEEDING COMMENCED UNDER THE PROVISIONS OF THIS
PARAGRAPH, THE SOLE ISSUES ARE WHETHER THE COUNTY LEGISLATIVE
BODY (1) COMPLIED WITH THE PROCEDURES OF PARAGRAPH (B)(3), AND
(2) HAD BEFORE IT SUFFICIENT EVIDENCE FROM WHICH A REASONABLE
PERSON COULD CONCLUDE 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 THE COUNTY. THE ISSUES SHALL BE DECIDED BY THE COURT WITHOUT
A JURY. IN THE EVENT THAT THE COURT REVERSES SUCH FINDING, THE
LEGISLATION SHALL CONTINUE TO APPLY IN UNINCORPORATED AREAS OF
THE COUNTY AND THE APPLICABILITY OF SUCH COUNTY LEGISLATION IN
MUNICIPALITIES SHALL BE GOVERNED BY THE PROVISIONS OF SUBSECTION
(A) OF THIS SECTION. THE DECISION OF THE CIRCUIT COURT IN ANY
SUCH PROCEEDING SHALL BE SUBJECT TO FURTHER APPEAL TO THE COURT
OF SPECIAL APPEALS BY THE COUNTY OR ANY MUNICIPALITY IN THE
COUNTY.
(C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B)(3) OF
THIS SECTION, COUNTY LEGISLATION ENACTED IN ACCORDANCE WITH THE
PROCEDURES AND REQUIREMENTS THEREOF SHALL NEVERTHELESS BE OR
BECOME INAPPLICABLE IN ANY MUNICIPALITY WHICH 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.
(D) ANY MUNICIPALITY MAY, BY ORDINANCE, REQUEST AND
AUTHORIZE THE COUNTY WITHIN WHICH IT IS LOCATED TO ADMINISTER OR
ENFORCE ANY MUNICIPAL LEGISLATION. UPON THE ENACTMENT OF SUCH AN
ORDINANCE, SUCH COUNTY MAY ADMINISTER OR ENFORCE SUCH MUNICIPAL
LEGISLATION ON SUCH TERMS AND CONDITIONS AS MAY MUTUALLY BE
AGREED.
(E) AS USED IN THIS SECTION:
(1) "COUNTY" SHALL MEAN ALL FORMS MEANS ANY COUNTY,
REGARDLESS OF THE FORM OF COUNTY GOVERNMENT, INCLUDING CHARTER
HOME RULE, CODE HOME RULE, AND COUNTY COMMISSIONERS; AND
(2) "LEGISLATION" SHALL MEAN ALL FORMS OR MEANS ANY
FORM OF COUNTY OR MUNICIPAL LEGISLATIVE ENACTMENT, INCLUDING A
LAW, ORDINANCE, RESOLUTION, OR ANY RULE OR REGULATION ADOPTED
UNDER THE AUTHORITY OF ANY OF THE FOREGOING AND ANY ACTION BY
WHICH A COUNTY BUDGET IS ADOPTED.
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