Ch. 521                                    2004 LAWS OF MARYLAND

(5) PROMOTE THE HEALTH, SAFETY, MORALS, ORDER, CONVENIENCE,
AND PROSPERITY OF THE COMMUNITY.

(D) (C) AN ORDINANCE ADOPTED UNDER THIS SECTION MAY INCLUDE A
REQUIREMENT THAT A JUNKYARD MAY NOT BE MAINTAINED OR OPERATED
PROHIBIT THE OPERATION OR MAINTENANCE OF A JUNKYARD, DUMP, OR OTHER
FACILITY WITHIN THE LIMITS OF THE MUNICIPAL CORPORATION UNTIL AN ANNUAL
LICENSE HAS BEEN OBTAINED FROM THE LEGISLATIVE BODY OF THE MUNICIPAL
CORPORATION, AT A REASONABLE FEE SPECIFIED IN THE ORDINANCE.

(E) (D) (1) (I) BEFORE THE LEGISLATIVE BODY OF A MUNICIPAL
CORPORATION ADOPTS AN ORDINANCE UNDER THIS SECTION, THE LEGISLATIVE
BODY SHALL GIVE NOTICE OF A PUBLIC HEARING ON THE PROPOSED ORDINANCE BY
PUBLISHING NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
MUNICIPAL CORPORATION NOT LESS THAN FOUR TIMES, AT WEEKLY INTERVALS
WITHIN A PERIOD OF AT LEAST 30 DAYS BEFORE THE DATE OF THE HEARING.

(II) THE NOTICE SHALL SPECIFY THE DATE, TIME, AND PLACE AT
WHICH THE LEGISLATIVE BODY WILL CONDUCT A THE PUBLIC HEARING ON THE
ORDINANCE.

(2) THE ORDINANCE IS NOT VALID UNLESS THE PUBLIC HEARING
ACTUALLY IS HELD AS SPECIFIED IN THE NOTICE.

(E)     (1) A PERSON WHO VIOLATES AN ORDINANCE ADOPTED UNDER THIS
SECTION, INCLUDING THE MAINTENANCE OR OPERATION OF A JUNKYARD, DUMP, OR
OTHER FACILITY WITHOUT A LICENSE, IS GUILTY OF A MISDEMEANOR, AND ON
CONVICTION, IS SUBJECT TO A FINE OF AT LEAST $25.

(2) EACH DAY ON WHICH A VIOLATION CONTINUES IS A SEPARATE
OFFENSE.

(F)     THE LEGISLATIVE BODY OF A MUNICIPAL CORPORATION MAY DECLARE A
VIOLATION OF AN ORDINANCE ADOPTED UNDER THIS SECTION IS TO BE A
MUNICIPAL INFRACTION AND THAT SHALL BE ENFORCED IN ACCORDANCE WITH
THE PROVISIONS OF § 3(B) OF THIS ARTICLE.

(G) IF THE LEGISLATIVE BODY OF A MUNICIPAL CORPORATION ADOPTS AN
ORDINANCE UNDER THIS SECTION, THE PROVISIONS OF THE ORDINANCE MAY NOT
BE CONSTRUED TO APPLY TO ANY BUSINESS LICENSED ON OR BEFORE JUNE 30, 2004
AS AN AUTOMOTIVE DISMANTLER AND RECYCLER OR A SCRAP PROCESSOR UNDER §
15-502 OF THE TRANSPORTATION ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 2004.

Approved May 26, 2004.

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