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Session Laws, 2002
Volume 800, Page 716   View pdf image
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Ch. 26
2002 LAWS OF MARYLAND
in light of the defined term "public or private property", which includes a
reference to "waters". In subsection (d)(1) and (2) of this section, the former references to a
"vehicle, boat, airplane or other conveyance" are deleted as included in the
comprehensive references to a "conveyance". In subsection (f)(2) of this section, the former phrases "in weight" and "in
volume" are deleted as implicit in the references to particular "pounds" and
"cubic feet". In subsection (f)(2)(iii) of this section, the word "amount" is substituted for
the former reference to "quantity" for consistency within the section. In subsection (f)(3) of this section, the word "penalties" is substituted for
the former reference to "sentences", because the sanctions provided in
subsection (f)(2) of the section are penalties. Subsection (f)(4) of this section clarifies that a court may order the
suspension of the license to operate the conveyance. In subsections (g) and (h) of this section, the word "shall" is substituted for
the former phrases "are hereby authorized, empowered, and directed to"
and "are authorized, empowered and instructed to", respectively, for
clarity. If the units are "directed to" or "instructed to" enforce this section,
then they are by implication "authorized [and] empowered" to do so. In subsection (h) of this section, the reference to a "municipal corporation"
is substituted for the former reference to a "city" for consistency with the
usage in Md. Constitution, Art. XI-E. In subsection (i)(2) of this section, the reference to using collected fines to
"pay for litter receptacles" is substituted for the former reference to
"defray[ing] the expense of establishment and maintenance of receptacles"
for brevity and clarity. In subsection (j) of this section, the former phrase "[h]owever, to permit
more active enforcement of littering prohibitions within a municipality" is
deleted as surplusage. There is no need to state why the municipal
corporations are given the authority granted in the subsection. Former Art. 27, § 468(c)(3), which defined "person", is revised in § 1-101 of
this article. Former Art. 27, § 468(k), which authorized the Washington County Board
of County Commissioners to regulate recycling by ordinance, is revised in
Art. 22, § 1-704 of the Public Local Laws of Washington County. The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that under its over half-decade old "Maryland
Parks Are Trash-Free" program, the Department of Natural Resources has
removed trash receptacles from the parks under its jurisdiction. The
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Session Laws, 2002
Volume 800, Page 716   View pdf image
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