3490

LAWS OF MARYLAND

Ch. 859

(A) A GOVERNING BODY OF A (B) IF A TOWER LOCATED IN
BALTIMORE OR CARROLL COUNTY IS EQUIPPED WITH A FULLY OPERATIONAL
REPLACEMENT OBSTRUCTION LIGHTING SYSTEM THAT MEETS APPLICABLE
STATE AND FEDERAL AVIATION REGULATIONS, THE GOVERNING BODY OF
THAT POLITICAL SUBDIVISION MAY ORDER THE OWNER OF A TELEVISION OR
RADIO TRANSMITTING TOWER OR OTHER STRUCTURE THAT IS EQUIPPED WITH
A PULSATING HIGH INTENSITY WHITE LIGHT SYSTEM, AS DEFINED IN
FEDERAL COMMUNICATION COMMUNICATIONS COMMISSION REGULATIONS, TO
CEASE NIGHTTIME OPERATION OF THE PULSATING HIGH INTENSITY WHITE
LIGHT SYSTEM.

(B)  A GOVERNING BODY OF A POLITICAL SUBDIVISION MAY ISSUE
AN ORDER DESCRIBED UNDER SUBSECTION (A) OF THIS SECTION ONLY
AFTER A PUBLIC HEARING CONDUCTED BY THE GOVERNING BODY.

(C)  A GOVERNING BODY THAT CONDUCTS A PUBLIC HEARING UNDER
THIS SECTION SHALL:

(1)  PROVIDE REASONABLE ADVANCE NOTICE OF THE TIME,
PLACE, AND SUBJECT MATTER OF THE HEARING; AND

(2)  PROVIDE A REASONABLE OPPORTUNITY FOR ALL
INTERESTED PERSONS TO PRESENT ORAL AND WRITTEN COMMENTS.; AND

(3) NOTIFY THE ADMINISTRATION AT LEAST 10 DAYS BEFORE
ANY HEARING IS HELD.

(D)  THE GOVERNING BODY OF A POLITICAL SUBDIVISION OR A
JOINT BOARD ESTABLISHED UNDER SUBTITLE 6 OF THIS TITLE, SHALL
HOLD A PUBLIC HEARING UNDER SUBSECTION (B) OF THIS SECTION ON THE
PETITION OF AT LEAST 50 INDIVIDUALS WHO:

(1)  RESIDE WITHIN THE POLITICAL SUBDIVISION AND
WITHIN A 3-MILE RADIUS OF A TELEVISION OR RADIO TRANSMITTING
TOWER OR OTHER STRUCTURE THAT IS EQUIPPED WITH A PULSATING HIGH
INTENSITY WHITE LIGHT SYSTEM; AND

(2)  CLAIM THAT THE NIGHTTIME OPERATION OF THE
PULSATING HIGH INTENSITY WHITE LIGHT SYSTEM INTERFERES WITH THE
QUIET ENJOYMENT OF THEIR PROPERTY.

(E)  A POLITICAL SUBDIVISION MAY GRANT TO AN OWNER WHO IS
REQUIRED TO CEASE OPERATION OF THE SYSTEM OF A PULSATING HIGH
INTENSITY WHITE LIGHT SYSTEM UNDER THIS SECTION, 30 NOT MORE
THAN 180 DAYS TO CONVERT THE PULSATING HIGH INTENSITY WHITE LIGHT
SYSTEM TO A SYSTEM UTILIZING RED AVIATION OBSTRUCTION LIGHTS OR A
DUAL LIGHTING SYSTEM AS DEFINED IN FEDERAL COMMUNICATIONS
COMMISSION REGULATIONS, AND WHICH ARE CONSISTENT WITH OTHER
APPLICABLE STATE AND FEDERAL AVIATION REGULATIONS.

(F)  THE OWNER OF A PULSATING HIGH INTENSITY WHITE LIGHT
SYSTEM SHALL PAY THE COSTS OF THE CONVERSION TO A RED AVIATION
OBSTRUCTION OR A DUAL LIGHTING SYSTEM UNDER THIS SECTION.

5-1105.