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Session Laws, 2003
Volume 799, Page 411   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

given" for brevity and clarity. Similarly, in subsection (b)(2) of this section,
the reference to a "bill" is substituted for the former reference to "such
notice".

In subsection (b)(2) of this section, the reference to "receipt of" the bill is
added for clarity.

Also in subsection (b)(2) of this section, the reference to bringing a "civil
action" is substituted for the former reference to an "action on the case" to
conform to terminology of modern civil procedure.

In subsection (c)(2) of this section, the reference to a person who violates
this section being guilty "of a misdemeanor" is added to state expressly
that which was only implied in the former law. In this State, any crime
that was not a felony at common law and has not been declared a felony by
statute is considered to be a misdemeanor. See State v. Canova, 278 Md.
483, 490 (1976); Bowser v. State, 136 Md. 342, 345 (1920); Button v. State,
123 Md. 373, 378 (1914); and Williams v. State, 4 Md. App. 342, 347 (1968).

Also in subsection (c)(2) of this section, the reference to a person "on
conviction" being subject to certain penalties is added to state expressly
that which was only implied in the former law, and for consistency with
other penalty provisions in this and other revised articles of the Code.

Defined terms: "Combustible material" § 9-801
"Fire official" § 9-801
"Person" § 1-101

9-805. HINDERING, OBSTRUCTING, OR REFUSING TO ALLOW FIRE INSPECTION.

(A)     PROHIBITED.

A PERSON MAY NOT HINDER, OBSTRUCT, OR REFUSE TO ALLOW A FIRE
INSPECTION UNDER THIS SUBTITLE.

(B)     PENALTY.

A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT FOR EACH VIOLATION TO IMPRISONMENT NOT
EXCEEDING 30 DAYS OR A FINE NOT LESS THAN $10 AND NOT EXCEEDING $100.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48, § 182.

In subsection (b) of this section, the reference to a person who violates this
section being guilty "of a misdemeanor" is added to state expressly that
which was only implied in the former law. In this State, any crime that was
not a felony at common law and has not been declared a felony by statute
is considered to be a misdemeanor. See State v. Canova, 278 Md. 483, 490
(1976); Bowser v. State, 136 Md. 342, 345 (1920); Dutton v. State, 123 Md.
373, 378 (1914); and Williams v. State, 4 Md. App. 342, 347 (1968).

Also in subsection (b) of this section, the reference to a person "on

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Session Laws, 2003
Volume 799, Page 411   View pdf image
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