ROBERT L. EHRLICH, JR., Governor                             Ch. 286

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 25 - County Commissioners

122A.

(a)     The county commissioners or county council of each county in the State
may adopt and promulgate rules and regulations for the licensing, control, location
and maintenance within their respective limits of junkyards, public or private dumps,
automobile junkyards, automotive dismantler and recycler facilities, scrap metal
processing facilities, or outdoor places where old motor vehicles are stored in quantity
or dismantled, and lots on which refuse, trash or junk is deposited.

(b)     Any such rules and regulations shall be framed and designed to protect the
residents of the county from unpleasant and unwholesome conditions and
neighborhoods, to preserve the beauty and esthetic value of rural or residential areas,
to safeguard the public health and welfare, to promote good civic design, and to
promote the health; safety, morals, order, convenience and prosperity of the
community.

(c)     The rules and regulations may include a requirement that such a
junkyard, facility, or dump may not be maintained or operated within the county
limits until an annual license therefor has been obtained from the county
commissioners or county council, at such reasonable fee as may be specified in the
rules and regulations.

(d)     Prior to the adoption of any such rules and regulations, due notice of their
consideration shall be given in some newspaper of general circulation in the county, in
a notice published once a week for not less than four successive weeks. The notice
shall specify a time and place at which the county commissioners or county council
will conduct a public hearing on the contents and adoption of the rules and
regulations; and the rules and regulations are not valid unless the public hearing
actually is held as advertised.

(e)     (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
A violation of any such rule or regulation, including the maintenance or operation of
any such junkyard, facility, or dump without a license, is a misdemeanor, subject upon
conviction to a fine of not less than twenty-five dollars ($25.00). Each day on which a
violation continues is a separate offense.

(2) IN A COUNTY IN WESTERN MARYLAND THAT HAS ADOPTED CODE
HOME RULE UNDER ARTICLE XI-F OF THE MARYLAND CONSTITUTION, THE COUNTY
COMMISSIONERS MAY DECLARE A VIOLATION OF ANY RULE OR REGULATION
ADOPTED IN ACCORDANCE WITH THIS SECTION TO BE A CIVIL INFRACTION UNDER
ARTICLE 25B, § 13C OF THE CODE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 2003.

Approved May 13, 2003.

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