Ch. 5

2003 LAWS OF MARYLAND

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
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 term: "Person" § 1-101

SUBTITLE 10. MISCELLANEOUS PROVISIONS.
9-1001. RESTRICTIONS ON USE OF BARBECUE GRILL.

(A)     DEFINITIONS.

(1)      IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)      "BARBECUE GRILL" MEANS EQUIPMENT USED FOR OUTDOOR
COOKING THAT USES AS ITS HEAT SOURCE ELECTRICITY OR THE BURNING OF
CHARCOAL, LIQUID PROPANE GAS, OR OTHER FUEL.

(3)      (I) "RESIDENTIAL DWELLING" MEANS A BUILDING OR PART OF A
BUILDING THAT PROVIDES LIVING OR SLEEPING FACILITIES FOR ONE OR MORE
INDIVIDUALS.

(II)     "RESIDENTIAL DWELLING" INCLUDES A MULTIFAMILY
RESIDENTIAL DWELLING, HOTEL, MOTEL, BOARDINGHOUSE, LODGING HOUSE,
ROOMING HOUSE, INN, CLUB, OR DORMITORY.

(III)   "RESIDENTIAL DWELLING" DOES NOT INCLUDE:

1.       A SINGLE FAMILY RESIDENTIAL DWELLING; OR

2.       A MULTIFAMILY RESIDENTIAL DWELLING IN WHICH THE
INDIVIDUAL DWELLING UNITS ARE ARRANGED IN A ROW, SIDE BY SIDE, AND NOT
CONSTRUCTED ABOVE EACH OTHER.

(B)     IN GENERAL.

IN CHARLES COUNTY AND WICOMICO COUNTY, A PERSON MAY NOT USE A
BARBECUE GRILL:

(1)      ON A BALCONY OF A RESIDENTIAL DWELLING; AND

(2)      WITHIN 20 FEET OF ANY PART, INCLUDING A BALCONY, OF A
RESIDENTIAL DWELLING.

(C)     PENALTIES.

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