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Ch. 237
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Martin O'Malley, Governor
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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) 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 the Western Maryland class that has adopted code
home rule under Article XI-F of the Maryland Constitution, the county commissioners
may:
(i) 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; or
(ii) Abate, or contract for the abatement of, a violation of any
rule or regulation adopted in accordance with this section at the expense of the owner
of the real property where the violation occurred.
Article 25B - Home Rule for Code Counties
13C.
(o) (1) In a proceeding for a civil infraction:
(i) Subject to the provisions of [paragraph] PARAGRAPHS (2)
AND (3) of this subsection, the State's Attorney for a county shall prosecute the civil
infraction in the same manner as a violation of the criminal laws of this State; and
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- 1641 -
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