table of contents the charter - cecil county, maryland

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TABLE OF CONTENTS

THE CHARTER Charter ........................................................................................................................................ C:1

THE CODE

PART I: ADMINISTRATIVE LEGISLATION

1. General Provisions ........................................................................................................... 1:1 Article I Adoption of Code

10. Authorities, Associations and Agencies ........................................................................ 10:1 Article I Bar and Library Association Article II Airport Authority

16. Boards, Committees and Commissions ......................................................................... 16:1 Article I Economic Development Commission Article II Board of Parks and Recreation Article III Commission for Women

21. County Council .............................................................................................................. 21:1

30. Elections and Election Districts ..................................................................................... 30:1

34. Emergency Services, Department of.............................................................................. 34:1

39. Ethics ............................................................................................................................. 39:1

45. Finance and Taxation ..................................................................................................... 45:1

49. Fire Companies, Volunteer ............................................................................................ 49:1

56. Investment Policy .......................................................................................................... 56:1

60. Jail, County .................................................................................................................... 60:1 Article I Costs and Records Article II Medical Bills

66. Meetings, Open Public ................................................................................................... 66:1

70. Officers and Employees ................................................................................................. 70:1 Article I Health Officer Article II Emergency Medical Services Collective Bargaining

74. Ordinances and Resolutions ........................................................................................... 74:1

81. Police Mutual Aid .......................................................................................................... 81:1

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87. Public Works, Department of ........................................................................................ 87:1

92. Purchasing ...................................................................................................................... 92:1

97. Sanitary District ............................................................................................................. 97:1

101. Schools ......................................................................................................................... 101:1

105. Seal and Flag ................................................................................................................ 105:1 Article I Official Seal Article II Flag and Color

110. Taxing Districts, Special .............................................................................................. 110:1 Article I Crystal Beach Manor Article II Octoraro Lakes Article III Road Construction Districts Article IV Winding Brook

115. Union Hospital Contributions ...................................................................................... 115:1

PART II: GENERAL LEGISLATION

130. Alcoholic Beverages .................................................................................................... 130:1 Article I Location of Premises

136. Amusement and Vending Machines ............................................................................ 136:1

142. Animal Care and Control ............................................................................................. 142:1

148. Auctioneers .................................................................................................................. 148:1

157. Building Construction .................................................................................................. 157:1

165. Cemeteries ................................................................................................................... 165:1

180. Curfew ......................................................................................................................... 180:1

191. Electrical Standards ..................................................................................................... 191:1

195. Energy Conservation Standards ................................................................................... 195:1

202. Fees .............................................................................................................................. 202:1 Article I Deed Transfer Fee

209. Foxes ............................................................................................................................ 209:1

225. Housing Standards ....................................................................................................... 225:1

229. HVAC Standards ......................................................................................................... 229:1

240. Minimum Livability Standards .................................................................................... 240:1

244. Manufactured Home Parks .......................................................................................... 244:1

261. Parks and Recreation ................................................................................................... 261:1

265. Peddling and Soliciting ................................................................................................ 265:1

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270. Plumbing ...................................................................................................................... 270:1

285. Refuse Haulers, Commercial ....................................................................................... 285:1

295. Roads ........................................................................................................................... 295:1 Article I Drainage, Obstructions, Alterations and Signs Article II Road Standard Specifications

301. Septage Hauling and Discharge ................................................................................... 301:1

312. Soil Erosion and Sediment Control.............................................................................. 312:1

318. Solid Waste and Recycling .......................................................................................... 318:1

322. Storm Drainage Systems .............................................................................................. 322:1

325. Stormwater Management ............................................................................................. 325:1

337. Taxation ....................................................................................................................... 337:1 Article I Admissions and Amusement Tax Article II Agricultural Land Tax Credit Article III Historic Property Tax Credit Article IV Brownfields Property Tax Credit Article V Tax Credit for Surviving Spouses of Law Enforcement Officers Article VI Deferral of Property Taxes for Senior Citizen and Disabled Homeowners Article VII Property Tax Credit for Habitat for Humanity

342. Taxicabs ....................................................................................................................... 342:1

353. Vehicles, Junked or Abandoned .................................................................................. 353:1

359. Vehicles, Traffic and Transportation ........................................................................... 359:1

365. Water and Sewers ........................................................................................................ 365:1 Part 1 Policy Part 2 Sewer Use Part 3 Water and Sewer Standards

APPENDIX A380. Fees ........................................................................................................................... A380:1

A381. Cable Service Franchising ........................................................................................ A381:1

A382. Vehicles, County-Owned .......................................................................................... A382:1

A383. Snow and Ice Removal ............................................................................................. A383:1 Article I Procedures Article II Expenditures and Contracts

A384. Personnel Policies and Procedures............................................................................ A384:1

A385 Purchase of Development Rights Program and Fund ............................................... A385:1

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DERIVATION TABLE

DISPOSITION LIST

INDEX

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THE CHARTER

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Chapter C

CHARTER

ARTICLE 1. 307. Effective date of laws. General Provisions 308. Referendum.

309. Publication of laws.101. Body corporate and politic. 310. Compilation of laws.102. Exercise of powers.

103. Name and boundaries. ARTICLE 4. 104. Definitions. Executive105. Separability.

401. Composition.

ARTICLE 2. 402. County Executive powers andCounty Council duties.

403. Election of the County Executive.201. Composition.

404. Term of the County Executive. 202. Powers.

405. Qualifications of the County 203. Council to act as a body. Executive.204. Election. 406. Compensation of the County

Executive.205. Qualifications.

407. Vacancy in the Office of County 206. Term of office. Executive. 207. Compensation.408. Forfeiture of office by the Executive. 208. Forfeiture of office. 409. Temporary absence or disability. 209. Vacancies. 410. Director of Administration.210. Officers. 411. County Attorney.211. Investigations by the Council. 412. Appointment and removal of212. Noninterference. department heads and others.

213. Council assistance.413. Temporary administrative

214. Redistricting. appointments.

414. Plan of organization. ARTICLE 3.

Legislative BranchARTICLE 5.

Budget and Finance301. Legislative powers.

302. Legislative sessions. 501. Establishment of position of 303. Legislative procedure. Director of Finance.

304. Enactment of legislation. 502. Duties of Director of Finance.

305. Emergency legislation. 503. Fiscal year and tax year.

306. Executive veto.

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101 CECIL COUNTY CODE 101

504. Preparation of the County budget. 606. Independent auditor.

505. Budget message. ARTICLE 7. 506. Public budget hearing.

Transitional Provisions507. Action on the budget by the Council. 701. Nature of this article. 508. Tax levy and balanced budget. 702. Time certain articles become 509. Borrowing limitations. effective.

510. Transfer of appropriations. 703. First County Executive.

511. Supplemental appropriations. 704. Existing laws. 512. Emergency appropriations. 705. Reference in State Constitution and

laws to County Commissioners. 513. Lapsed appropriations. 706. Existing officers and employees.514. Amendment to capital budget after

adoption of the budget. 707. Existing members of boards and commissions.515. Composition and limitation upon

County funds. 708. Office of the County Commissioner abolished.

ARTICLE 6. 709. Composition of the first Council.Miscellaneous 710. Term of office for members of the

first Council.601. Strategic Plan.

711. Office of County Treasurer 602. Charter amendments. abolished. 603. Termination of Charter. 712. First Redistricting Commission. 604. Charter Review Commission. 713. First elections of Council members605. Bonding of officers. by district.

[HISTORY: Approved by the voters of Cecil County 11-2-2010; effective 12-3-2012.Amendments noted where applicable.]

PREAMBLE: We the citizens of Cecil County, Maryland, a body corporate and politic,under the Constitution and general laws of the State of Maryland, in order to establish a moredynamic, efficient, and responsive form of County government, which shall be empowered byus to exercise greater local authority to govern and be manifest in its scope to all, do adopt,ordain, and establish as our instrument of government this Charter of Cecil County, Maryland.

ARTICLE 1.General Provisions

101. Body corporate and politic.

Cecil County as it now exists constitutes a body corporate and politic. Under this Charter itshall have all the rights and powers of local self-government and home rule as are now ormay hereafter be provided or necessarily implied by this Charter, the Maryland Constitutionand laws of the State of Maryland.

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102 CHARTER 104

102. Exercise of powers.

The powers provided in Section 101 of this Charter shall be exercised only by the CountyExecutive, the County Council and other officers, employees and agents of Cecil County,acting under their respective authorities or under such other authorities as may be provided bythis Charter or by law.

103. Name and boundaries.

The corporate name shall be "Cecil County, Maryland," and it shall be so designated in allactions and proceedings touching its rights, powers, properties, liabilities, and duties. Itsboundaries and County seat shall be and remain as they are at the time this Charter takeseffect, unless otherwise changed in accordance with law.

104. Definitions.

(a) The term "County" means Cecil County, Maryland.

(b) The term "Cecil County government" means the officers, personnel, departments,agencies, offices, boards, commissions, and other entities that are subject collectively tothe powers of local self-government and home rule as are now or may hereafter beprovided or necessarily implied by this Charter, Article XI-A of the MarylandConstitution, and Article 25A of the Annotated Code of Maryland.

(c) The term "emergency" means:

(1) A situation that:

(A) Requires immediate action to prevent, mitigate or respond to a threat topublic security or to the loss of life or property; and

(B) Is unanticipated.

(2) The term "unanticipated" means that the underlying situation is:

(A) Sudden, which means quickly coming into being or not building up overtime;

(B) Urgent, which means a pressing and compelling need requiring immediateaction;

(C) Unforeseen, which means not predicted or anticipated as an emerging need;and

(D) Temporary, which means not of a permanent duration.

(d) The term "Executive" means the County Executive of Cecil County.

(e) The term "government" means the County government of Cecil County.

(f) The term "Council" means the County Council of Cecil County.

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(g) The term "Charter" means the Charter of Cecil County.

(h) The term "state" means the State of Maryland.

(i) The term "budget" means the package of materials consisting of the Current ExpenseBudget, the Current Revenue Budget, the Capital Budget, the Capital ImprovementProgram, and the budget message.

(j) The term "Current Expense Budget" means the plan to receive and expend funds forcharges incurred for operation, maintenance, interest, and other charges for the next fiscalyear.

(k) The term "Current Revenue Budget" means the plan to raise and receive all manner offunds from all sources, including property taxes, for current needs and for annualappropriations for current projects.

(l) The term "Capital Budget" means the plan to receive and expend funds for capitalprojects during the next fiscal year.

(m) The term "Capital Improvement Program" means the plan to receive and expend fundsfor capital projects during the next fiscal year and the next succeeding five fiscal yearsthereafter.

(n) The term "capital project" means any physical betterment or improvement; anypreliminary studies and surveys related to a physical betterment and improvement; andthe acquisition, renovation, remodeling and construction of any property for public use ofa long-term or permanent nature, including by a lease-purchase agreement.

105. Separability.

If any article, section, subsection, sentence, clause, or phrase of this Charter is heldunconstitutional, invalid, or inapplicable to any person or circumstance by a court ofcompetent jurisdiction, all other articles, sections, subsections, clauses, or phrases of thisCharter and their application to other persons and circumstances shall be separable and notaffected by the decision.

ARTICLE 2.County Council

201. Composition.

There shall be a County Council of Cecil County, Maryland, composed of five Councilmembers.

202. Powers.

All legislative powers which may be exercised by the County under the MarylandConstitution and laws of the state are vested in the Council, subject to those powers retainedby the people of the County as hereinafter set forth in Section 308 of this Charter.

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203 CHARTER 205

203. Council to act as a body.

In all functions and deliberations, the Council shall act as a body. It shall have no power tocreate standing committees or to delegate any of its functions and duties to a smaller numberof its members than the whole. The Council may, however, appoint special ad hoc committeessolely for the purpose of inquiry and fact finding.

204. Election.

(a) The County shall be divided into five residency districts, the boundaries of which shallbe established pursuant to Section 214 of this Charter. The five residency districts shallbe designated District 1, District 2, District 3, District 4, and District 5.

(b) A Council member shall reside in each of the five residency districts and be electedat-large, subject to the provisions of this section.

(c) At the same time the elections for President and Vice President of the United States areconducted, one Council member from District 1 and one Council member from District 5shall be elected. In the at-large election, the candidate who both resides in a given districtand who receives the most votes of all the candidates residing in the district shall beelected to office.

(d) At the same time the election for Governor of Maryland is conducted, one Councilmember from District 2, one Council member from District 3, and one Council memberfrom District 4 shall be elected. In the at-large election, the candidate who both resides ina given district and who receives the most votes of all the candidates residing in thedistrict shall be elected to office.

205. Qualifications.

(a) Each Council member shall be a citizen of the United States and, for at least one yearimmediately preceding election or appointment, a resident and registered voter of theCounty. Each Council member shall be a resident of the residency district from whichthe Council member is elected or appointed for at least six months immediatelypreceding election or appointment.

(b) While serving as a Council member, no Council member may:

(1) Hold any other elected public office;

(2) Be employed in an appointed office or any nonelected position in any publicagency, department, board, commission, or other public body that receives fundsthrough the budget or is involved in the public business of the County; or

(3) Receive compensation for serving in an appointed office or any nonelectedposition in any public agency, department, board, commission, or other publicbody that receives funds through the budget or is involved in the public business ofthe County.

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(c) A retired, former County employee receiving a pension shall not be considered to beserving in a public body for purposes of this section and shall be eligible to be a Councilmember if all the other provisions of this section are satisfied.

206. Term of office.

A Council member shall hold office for a term beginning at 12:00 noon on the first Mondayof December next following the election of the Council member and ending at 12:00 noon onthe first Monday of December in the fourth year thereafter, or until a successor is qualified.

207. Compensation.

Each Council member shall receive as compensation and allowances for the performance ofpublic duties under this Charter the sum of not less than $25,000 per annum. A Councilmember shall not accrue annual leave or be entitled to any payment in lieu thereof. Thecompensation and allowances shall be in full compensation for all services performed bymembers of the Council as required by this Charter, but shall not preclude reasonable andnecessary expenses as may be provided in the budget. The County Council shall establish byordinance a Compensation Review Commission every four years to review the Council'scompensation and allowances in accordance with the provisions of Article 25A, Subsection5(AA), of the Annotated Code of Maryland.

208. Forfeiture of office.

(a) A Council member shall immediately forfeit office upon ceasing to be:

(1) A citizen of the United States;

(2) A registered voter of the County; or

(3) A resident of the residency district in which the Council member resided whenelected or appointed.

(b) No Council member may forfeit office by reason of a change in the boundaries of anyresidency district made during the Council member's term of office.

(c) A Council member shall be suspended by operation of law, without compensation, fromoffice upon being granted probation before judgment for, upon the acceptance of a pleaof nolo contendere by a court to, or upon being convicted of a felony or a crimeinvolving moral turpitude. During the period of suspension the Council shall appoint aperson to temporarily fill the elective office in the manner provided in Section 209 ofthis Charter. If the conviction becomes final, after judicial review or otherwise, theCouncil member shall be removed from office by operation of law and the office shall bedeemed vacant.

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209 CHARTER 212

209. Vacancies.

(a) A vacancy occurs when a Council member, prior to the expiration of the term for whichelected, dies, resigns from office, or becomes disqualified to hold office pursuant toSection 208 of this Charter.

(b) When a vacancy occurs, the remaining Council members within 30 days shall appoint aperson to serve the unexpired term of office. The appointee shall be selected by amajority vote of the remaining Council members. The appointee shall meet the samequalifications and residence requirements and, when succeeding a party member, shall bea member of the same political party as the person who vacated office.

(c) When succeeding a party member, the appointee shall be selected from a list of threepersons submitted to the Council by the County central committee of the political partyaffiliated with the person vacating office, provided the list is submitted within 30 daysfrom the date a vacancy occurs. If no such list is submitted within 30 days, or if theCouncil member vacating office is not a member of a political party, the Council shallappoint the person it deems best qualified to hold office regardless of his or her partyaffiliation, if any, provided the appointee meets the qualifications and residencyrequirements provided in Subsection (b) of this section.

(d) If the Council fails to fill a vacancy pursuant to the provisions of this section, theExecutive shall appoint a person to fill the vacancy, provided the appointee is nominatedin accordance with the provisions of this section and meets its qualification and residencyrequirements.

210. Officers.

At the first scheduled meeting of the Council in December following an election andbiennially thereafter, the Council shall elect from among its members a President and VicePresident of the Council. The President, or in the absence of the President, the Vice President,shall preside over meetings of the Council. The Council may provide for the selection of otherofficers as the Council may deem desirable for the exercise of its powers.

211. Investigations by the Council.

The Council may investigate the affairs of the County and the conduct of any County agency.The Council may subpoena witnesses, administer oaths, take testimony, and require theproduction of evidence for purposes of this section.

212. Noninterference.

Neither the Council nor any of its members shall appoint, dismiss, or give directions to anyindividual employee of the Executive Branch of the government.

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213. Council assistance.

The Council may by resolution, at its discretion and subject to the provisions of its budget orsupplementary appropriation, employ administrative employees or such legal, financial orother advisors as it deems necessary to perform its functions.

214. Redistricting.

(a) The Council shall appoint by resolution a Redistricting Commission not later than April1 of the year following each decennial census date. The central committee of eachpolitical party polling at least 25% of the total vote cast for the Executive at the lastpreceding general election shall nominate five persons to serve on the Commission. Eachsuch list shall include one person who resides in each residency district. The Councilshall appoint all such nominees as members of the Commission as well as one or twoadditional members of the Commission, as the case may be, to ensure that its totalmembership equals an odd number. The Council shall appoint the Chair of theCommission from among the Commission members. No person shall be eligible forappointment to the Commission who holds elective office.

(b) By November 15 of the year before the year in which redistricting is to take effect, theCommission shall present to the Council a plan of residency districts, together with areport explaining it. Within 30 days of receiving the plan of the Commission, the Councilshall hold a public hearing on the plan. If within 90 days after submission of the plan noother legislation reestablishing the boundaries of the residency districts has been enacted,the plan as submitted shall become law.

(c) Any residency district established in accordance with this section shall be compact,contiguous, substantially equal in population, and have common interests as a result ofgeography, occupation, history, or existing political boundaries.

(d) An ordinance establishing residency districts shall be exempt from referendum.

ARTICLE 3.Legislative Branch

301. Legislative powers.

In accordance with Section 202 of this Charter, the Council may enact public local laws forthe peace, good government, health, safety or welfare of the County. It may repeal and amendthe local laws for the County heretofore enacted by the General Assembly as provided by law.

302. Legislative sessions.

Except during the month of November in the year in which Council members are elected, theCouncil may enact legislation on the first and third Tuesdays of each month, and on anyadditional days the Council may determine necessary. When the first or third Tuesday is alegal holiday, the next succeeding Tuesday shall be a day for the enactment of legislation. In

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302 CHARTER 304

no event shall the Council sit for more than 45 days in a calendar year for the purpose ofenacting legislation.

303. Legislative procedure.

(a) Three Council members shall constitute a quorum for the transaction of legislativebusiness.

(b) Legislative sessions shall be open to the public, advertised in advance, with such noticeto include using electronic media such as the County website, and shall comply with allrequirements for open meetings provided by law.

(c) The Council shall provide for the keeping of a journal, which shall be open to publicinspection during normal business hours. Copies of the minutes of legislative sessionsshall be posted within 24 hours after approval on a bulletin board maintained in a publicplace by the government and shall appear on the County website or otherwise bepublished using electronic media.

(d) Voting on legislation shall be by roll call, except on procedural motions. The ayes andnays shall be recorded in the journal.

(e) The Council may adopt and publish additional rules of legislative procedure that may bedesirable and not in conflict with this Charter.

304. Enactment of legislation.

(a) The Council may enact no law except by written bill.

(b) A bill shall embrace one subject. The subject shall be described in its title. No law maybe enacted, revised, or amended by reference to its title alone. The duty of the Councilshall be to enact the same format and arrangement of words as the legislation would readwhen it becomes law.

(c) A bill may be introduced by one or more Council members at a legislative session. A billand each copy of the bill shall bear the name or names of the Council member(s)introducing the bill and the date of introduction.

(d) On the date a bill is introduced, the Council shall either reject the bill by an affirmativevote of at least four Council members or the President of the Council shall schedule apublic hearing on the bill. Within 72 hours of its introduction, a copy of the bill, withnotice of the date, time, and place of the public hearing, shall be placed on an officialbulletin board maintained in a public place by the government and shall appear on theCounty website or otherwise be published using electronic media. Before a publichearing on a bill, the title and a fair summary of the bill and the date, time, and place ofthe public hearing shall be published at least once each week for two successive weeks ina newspaper of general circulation in the County. If the Council determines that no suchnewspaper exists in the County, the Council shall use whatever media it deems mostsuited to satisfy the public notice requirements of this subsection. The President of the

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Council may schedule more than one public hearing on a bill, provided the publicationand notice requirements of this subsection are met for each hearing.

(e) After a public hearing, the Council may enact a bill into law, with or withoutamendment, by an affirmative vote of at least three Council members. In the event a billis amended before enactment, and the amendment or amendments constitute a change ofsubstance, the bill, as amended, shall not be enacted into law until the bill meets thepublic hearing, notice, and publication requirements of a newly introduced bill.

(f) A bill not enacted within 65 days of introduction is void. A bill not enacted prior to themonth of November in any year in which Council members are elected to office is void.

305. Emergency legislation.

(a) A law may be enacted under this section in the event of an emergency, as that term isdefined in Section 104 of this Charter. The emergency law shall not create or abolish anoffice; grant a franchise or special privilege; create a vested right or interest; or changethe compensation, term, or duty of any officer.

(b) A law enacted under this section shall be plainly designated as an emergency law andshall describe the nature of the emergency. On the date a bill is introduced, the Presidentof the Council shall schedule a public hearing as soon as possible under thecircumstances, but with reasonable notice. A copy of the bill and notice of the date, time,and place of the public hearing shall be posted as soon as reasonably possible, under thecircumstances, on the official bulletin board maintained by the government and on theCounty website or otherwise published using electronic media, if circumstances allowsuch publication.

(c) After a public hearing, an emergency bill may be enacted into law by an affirmative voteof a majority of the Council members present. The emergency law shall terminate nolater than six months after the date of enactment.

(d) To the extent the requirements of this section conflict with the requirements of Section304, the requirements of this section apply.

306. Executive veto.

(a) Except as otherwise provided in this section, within 10 business days after the passage ofany legislation, the Council shall deliver the legislation to the Executive for approval orveto. If the Executive takes no action to approve or veto the legislation within 10business days after receipt, it shall be deemed approved as if the Executive had approvedit.

(b) If the Executive approves the legislation, it shall take effect as provided in this Charter.

(c) If the Executive vetoes the legislation, the Executive shall return it to the Counciltogether with reasons for the veto stated in writing. Not later than the next legislativesession immediately following the receipt of the vetoed legislation, the Council mayoverride the veto by the affirmative vote of four members of the Council.

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306 CHARTER 308

(d) The Executive shall not veto the annual budget and appropriation law.

307. Effective date of laws.

An emergency law shall take effect on the date of enactment. The Annual Budget andAppropriations Ordinance shall take effect on the first day of the fiscal year to which itapplies. All other laws shall take effect 60 calendar days after enactment, except in the event alaw provides for a later effective date or is referred to the voters under Section 308 of thisCharter.

308. Referendum.

(a) Except for the following, a law, or part of a law, enacted pursuant to this Charter may bereferred to the voters for approval upon the filing of a petition signed by 10% of theregistered voters of the County:

(1) A law imposing a tax;

(2) A law appropriating funds for current expenses to maintain the government;

(3) A law prescribing residency districts.

(b) A petition to refer a law, or portion of a law, to the voters of the County may consist ofseveral papers, but each paper shall contain the full and accurate text of the law, or partof the law, that is subject to the petition. There shall be attached to each paper ofsignatures filed with a petition an affidavit of the person procuring those signatures. Theaffidavit shall state that the signatures were affixed in the person's presence and that,based upon the person's best knowledge and belief, every signature on the paper isgenuine and bona fide and that the signers are registered voters of the County at theaddress set opposite or below their names.

(c) No later than 59 days following the date a law is enacted, a petition to refer the law, orportion of law, to the voters under this section may be filed with the Board ofSupervisors of Elections for the County.

(d) Whenever a petition complying with all the provisions of law and this Charter is filed,the referred law, or the referred portion of law, shall not take effect until 30 days afterapproval by a majority of voters.

(e) A law, or portion of law, shall be submitted to the voters pursuant to this section votingeither at: (1) the next general election for members of the United States Congress; or (2)a special election called by the Council, which shall be held not less than 30 days andnot more than 90 days following the filing of a valid petition pursuant to this section. Aspecial election is prohibited whenever members of the United States Congress are to beelected at a general election within 180 days of the filing of a valid petition under thissection.

(f) A law enacted as an emergency law shall remain in force from the date the law becomeseffective, notwithstanding the filing of a petition for referendum, but the law, or portion

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of the law, shall stand repealed immediately after rejection by a majority of voters votingon the law or portion of law.

309. Publication of laws.

The Council shall cause a fair summary of all laws enacted, amended, or repealed under thisCharter to be published promptly at least once in a newspaper of general circulation in theCounty and on the County website or otherwise be published using electronic media.

310. Compilation of laws.

At intervals not greater than every 10 years, the Council shall cause all local laws of theCounty which are of general application and continuing force in the County to be codified.The codification shall be known as "The Code of Cecil County, Maryland." The publicationshall contain an index and appropriate notes, citations, annotations, and appendices as theCouncil determines.

ARTICLE 4.Executive

401. Composition.

The executive branch of the County government shall comprise the County Executive and allofficers, agents, and employees under the supervision and authority of the Executive.

402. County Executive powers and duties.

There is a County Executive, who shall be the chief executive officer of the County and shallfaithfully execute the laws. All executive power vested in the County by the Constitution andlaws of Maryland and this Charter shall be vested in the Executive. The Executive shall seethat the affairs of the executive branch are administered properly and efficiently, and thatemployees of the executive branch faithfully perform their duties. The duties andresponsibilities of the Executive shall include, but are not limited to:

(a) Supervising and directing offices, agencies and divisions of the executive branch andensuring that County employees as well as County boards and commissions faithfullyperform their duties;

(b) Preparing and submitting to the Council the annual County Budget.

(c) Preparing and submitting to the Council and the public within six months after the closeof the fiscal year an annual report on the activities and accomplishments of the Countygovernment, including a comprehensive annual financial statement;

(d) Providing the Council with any information the Executive deems necessary or, as theCouncil by resolution may request, information concerning the executive branch whichthe Council may require for the exercise of its powers;

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402 CHARTER 406

(e) Recommending to the Council such measures for legislative action that the Executivemay consider to be in the best interests of the County; and

(f) Signing or causing to be signed on the County's behalf all deeds, contracts, and otherinstruments.

403. Election of the County Executive.

In November 2012, and every four years thereafter, the Executive shall be elected by theregistered voters of the entire County in the manner provided by law.

404. Term of the County Executive.

The Executive shall hold office for a term beginning at 12:00 noon on the first Monday ofDecember next following the election of the Executive and ending at 12:00 noon on the firstMonday in December in the fourth year thereafter, or until a successor is qualified.

405. Qualifications of the County Executive.

(a) The Executive shall be a citizen of the United States and, for at least two yearsimmediately preceding election or appointment, a resident and registered voter of theCounty.

(b) The Executive shall devote full-time to the duties of the office. The Executive shall notparticipate in any private occupation for compensation. During the term of office, theExecutive shall not hold any other office of profit.

406. Compensation of the County Executive.

(a) Subject to Subsection (b) of this section, the Executive shall receive the sum of not lessthan $98,000 per annum as compensation and allowances for the performance of publicduties under this Charter. The Executive shall not accrue annual leave or be entitled toany payment in lieu thereof.

(b) The Compensation Review Commission established pursuant to Section 207 of thisCharter shall review the Executive's compensation and allowances and makerecommendations to the Council. The Council shall have the power to increase thecompensation and allowances provided in this Charter for the Executive by theaffirmative vote of not less than a majority of its members. To reduce the Executive'scompensation and allowances, the affirmative vote of not less than 2/3 of the Councilmembers is required. In no event shall such compensation be reduced by a figure lowerthan that provided in this Charter except by amendment thereto. The compensation andallowances of the Executive shall not be increased or reduced during his or her currentterm.

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407. Vacancy in the Office of County Executive.

A vacancy in the Office of the Executive shall exist upon the death or resignation of theExecutive, or upon forfeiture of office as provided in Section 408 of this Charter. A majorityof the Council members shall appoint, within 30 days, a person to fill the vacancy. Anappointee, when succeeding a party member, shall be a member of the same political party asthe person elected to such office and shall be a nominee of the County central committee ofthat party. Any person appointed to fill a vacancy shall meet the qualifications provided inSection 405 of this Charter.

408. Forfeiture of office by the Executive.

(a) The Executive immediately shall forfeit office upon ceasing to be a citizen of the UnitedStates or a registered voter of the County.

(b) The Executive shall be suspended by operation of law, without pay or benefits, fromoffice upon being granted probation before judgment for, upon the acceptance of a pleaof nolo contendere by a court to, or upon being convicted of a felony or a crimeinvolving moral turpitude. During the period of suspension, the Council shall appoint aperson to temporarily fill the elective office in the manner provided in Section 407 ofthis Charter. If the conviction becomes final, after judicial review or otherwise, theExecutive shall be removed from office by operation of law and the office shall bedeemed vacant.

409. Temporary absence or disability.

In the event of the temporary absence of the Executive, the Director of Administration shallperform the duties of the Executive.

410. Director of Administration.

The Executive shall appoint a Director of Administration, subject to confirmation by theCouncil, who shall serve at the pleasure of the Executive. The Director of Administrationshall be selected on the basis of qualifications as a professional administrator, skill ingovernmental budgeting and technical training for the duties of the office. The Director ofAdministration shall be a resident of the County within six months of appointment. TheDirector of Administration shall, subject to the direction of the Executive, supervise alldepartments, offices, and agencies of the executive branch, advise the Executive on alladministrative matters and perform such other duties as may be assigned by the Executive orthis Charter.

411. County Attorney.

The Executive shall appoint a County Attorney, subject to confirmation by the Council. TheCounty Attorney shall be the chief legal officer of the County, conduct all the law business ofthe County, be a legal advisor to the Council, and be the legal advisor to the Executive, alldepartments, and other instrumentalities of the County government. The County Attorney

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411 CHARTER 414

may, with the approval of the Council, employ special legal counsel to work on problemswhen the work to be done is of such character or magnitude as to require services in additionto those regularly provided by the County Attorney. The County Attorney shall serve at thepleasure of the Executive.

412. Appointment and removal of department heads and others.

(a) The Executive shall appoint an individual to head each principal operating department,office or agency of the executive branch, subject to confirmation of the Council. TheExecutive shall remove individuals appointed under this subsection at the Executive'sdiscretion.

(b) Except as provided in Subsection (c) of this section or prescribed by state law or otherprovisions of this Charter, the Executive shall appoint all members of boards andcommissions. Such membership shall be subject to confirmation by the Council. TheExecutive shall remove individuals appointed under this subsection at the Executive'sdiscretion, unless otherwise prohibited by law.

(c) The membership of boards and commissions that are established exclusively to advise theCouncil shall be appointed and removed by the Council, at the Council's discretion,unless such matters are prescribed by state law or other sections of this Charter.

(d) If the Council fails to take action within 30 days upon an appointment made by theExecutive pursuant to this section, the appointment shall become effective.

413. Temporary administrative appointments.

When a vacancy occurs in the position of the Director of Administration or the head of anyprincipal operating department, office, or agency of the executive branch, the Executive shallappoint an acting Director of Administration or acting head of the department, office, oragency, as the case may be, to serve for a period not exceeding six months. This limit may beextended by the Council for a period of time not to exceed an additional four months.

414. Plan of organization.

During an Executive's term, the Executive shall make an evaluation of the organization,functions, powers, and duties of each department, agency and office in the executive branch.By January 2014, and thereafter as the Executive deems necessary, the Executive shallprepare a plan of organization, which shall prescribe the principal operating departments,agencies and offices in the executive branch, along with their powers, functions andresponsibilities. The Executive shall submit the plan to the Council in writing. The plan shallbecome law 90 days after its presentation to the Council, if by that time it has not beendisapproved by a vote of four members of the Council.

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ARTICLE 5.Budget and Finance

501. Establishment of position of Director of Finance.

With the approval of the Council, the Executive shall appoint a person, knowledgeable andexperienced in financial matters, to serve as the Director of Finance of the County.

502. Duties of Director of Finance.

The Director of Finance shall perform the following duties:

(1) Keep a system of accounts;

(2) Control appropriations and allotments;

(3) Prepare monthly and annual financial reports;

(4) Audit, prior to payment, any claims against the government of whatever kind;

(5) Deposit, invest, and have custody of all government funds and bonds;

(6) Prescribe accounting systems;

(7) Prepare for bond sales and advise on debt management;

(8) Administer tax sales;

(9) Bill and collect for all revenues and receipts due the government, to the extent suchactivities are not performed by any elected officer of the County;

(10) Prepare the budget when so directed by the Executive; and

(11) Perform other duties as may be directed by the Executive and/or prescribed by law.

503. Fiscal year and tax year.

The fiscal or budget year and the tax year of the government begins on the first day of Julyand ends on the 30th day of June of the succeeding year.

504. Preparation of the County budget.

Not later than March 1 of each year, the Executive shall prepare and submit a proposedbudget to the Council for the ensuing fiscal year. The proposed budget shall present acomplete financial plan for the government reflecting anticipated revenues from all sources,expenditures, and any surplus or deficit in the general or special funds of the government. Theproposed budget shall be reproduced and made available to the public.

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505 CHARTER 509

505. Budget message.

The budget message shall contain supporting summary tables and explain the proposedCurrent Expense Budget, the Current Revenue Budget, the Capital Budget, and the CapitalImprovement Program both in terms of finances and of work to be done. It shall outline theproposed financial policies of the government for the ensuing fiscal year and describe theimportant features of the proposed budget. It shall indicate any major changes in financialpolicies and in expenditures, appropriations and revenues as compared with the fiscal yearcurrently ending, and shall set forth the reasons for the changes.

506. Public budget hearing.

Upon submission of the proposed budget, the Council shall cause to be published in at leastone newspaper of general circulation in the County a notice of the date, time and place of atleast one public hearing on the budget by the Council. If the Council determines that no suchnewspaper exists in the County, the Council shall use whatever media it deems most suited tosatisfy the public notice requirements of this section. No final budget action may be taken bythe Council until after the public hearing or hearings have been held, and then only in open,public session.

507. Action on the budget by the Council.

(a) After the public hearing or hearings, the Council may decrease or delete any items in thebudget, except those required by the laws of this state and provisions for debt service onobligations then outstanding or for estimated cash deficits. The Council shall have nopower to change the form of the budget as submitted by the Executive or to alter revenueestimates, except to correct mathematical errors.

(b) The adoption of the budget shall be by the affirmative vote of not less than threemembers of the Council in a law enacted not later than May 31, which shall be known asthe "Annual Budget and Appropriations Ordinance of Cecil County."

508. Tax levy and balanced budget.

After enacting the Annual Budget and Appropriations Ordinance, the Council shall levy theamount of taxes required by the budget to ensure that the budget is balanced so that proposedrevenues equal proposed expenditures.

509. Borrowing limitations.

(a) Any local law authorizing the borrowing of money or issuance of bonds or otherevidences of indebtedness shall be submitted to the registered voters of the County forapproval or rejection, if a petition for such submission is filed pursuant to the provisionsof the Charter and local laws.

(b) Except as otherwise provided by state law, the aggregate amount of bonds and otherevidences of indebtedness outstanding at any one time shall not exceed a total of 6% of

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the assessable basis of real property of the County and 15% of the County's assessablebasis of personal property and operating real property described in § 8-109(c) of theTax-Property Article.

(c) Except as may otherwise be provided by state law, the following shall not be computedor applied in establishing the debt limitations provided in this section:

(1) Tax anticipation notes or other evidences of indebtedness having a maturity not inexcess of 12 months;

(2) Bonds or other evidences of indebtedness issued or guaranteed by the Countypayable primarily or exclusively from taxes levied in or on, or other revenues of,special taxing areas or districts heretofore or hereafter established by law; and

(3) Bonds or other evidences of indebtedness issued for self-liquidating and otherprojects payable primarily or exclusively from the proceeds of assessments orcharges for special benefits or services.

510. Transfer of appropriations.

(a) The Executive may transfer unencumbered appropriations in the Current Expense Budgetwithin the same department, agency, or office and within the same fund. On therecommendation of the Executive, the Council may transfer unencumberedappropriations in the Current Expense Budget between departments, agencies and officeswithin the same fund.

(b) A transfer shall not be made between the Current Expense Budget and Capital Budgetappropriations. On the recommendation of the Executive, the Council may transferappropriations between capital projects within the same fund, provided the Councilneither creates nor abandons any capital projects except in accordance with Section 513of this Charter.

(c) Notwithstanding any provisions of this Section, the Council may provide by law forinterfund cash borrowing to meet temporary cash requirements. Nothing contained in thissection may be construed to prevent reimbursement among funds for services rendered.

511. Supplemental appropriations.

On the recommendation of the Executive, the Council may make supplemental appropriationsfrom any contingency appropriations in the budget; from revenues received from anticipatedsources but in excess of budget estimates; or from revenues received from sources notanticipated in the budget.

512. Emergency appropriations.

To meet an emergency declared pursuant to Section 305 of this Charter, the Council maymake emergency appropriations from the sources provided in Section 511 of this Charter. Tothe extent unappropriated revenues are unavailable to meet the emergency, the Council by law

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512 CHARTER 515

may authorize the issuance of emergency notes, which may be renewed from time to time.Emergency notes and renewals issued pursuant to this section shall not be paid later than thelast day of the next fiscal year succeeding that in which the emergency appropriation wasmade.

513. Lapsed appropriations.

Unless otherwise provided by law, all unexpended and unencumbered appropriations in theCurrent Expense Budget and/or Current Revenue Budget remaining at the end of the fiscalyear shall revert into the treasury. No appropriation for a capital project in the Capital Budgetmay revert until the purpose for which the appropriation was made is accomplished orabandoned; but any capital project shall be considered abandoned if three fiscal years elapsewithout any expenditure from or encumbrance of the appropriation. The balances remaining tothe credit of the completed or abandoned capital projects shall revert to the general fund andbe available for appropriation in subsequent budgets.

514. Amendment to capital budget after adoption of the budget.

Upon recommendation of the Executive and after a public hearing and an affirmative vote ofat least three Council members, the Council may amend the Annual Budget andAppropriations Ordinance to provide funds for a capital project not previously appearing inthe Capital Budget for the fiscal year. The amendment shall not increase the total amount ofappropriations for the fiscal year, unless such increased appropriations shall be funded fromrevenues received in excess of those budgeted or from unanticipated revenues not previouslybudgeted in the Annual Budget and Appropriations Ordinance for the fiscal year.

515. Composition and limitation upon County funds.

(a) All revenues and receipts from special services or benefit charges; special taxes orassessments imposed upon special taxing areas for special or particular services, purposesor benefits; funds held by the County as trustee or agent; or bond proceeds, shall be paidinto and appropriated from special funds created for such purposes. All other revenuesand receipts of the County from taxes, grants, state revenues and other receipts shall bepaid into and appropriated from the general fund, which is the primary fund for thefinancing of current expenses for the conduct of government business.

(b) With the recommendation of the Executive, the Council, by the Annual Budget andAppropriations Ordinance, or by other legislative act, may provide for the establishmentof working capital or revolving funds for the financing of central stores, equipmentpools, or other services common to the agencies of the government.

(c) Notwithstanding other provisions of this section, upon recommendation of the Executive,the Council may establish a reserve fund for permanent public improvements. TheAnnual Budget and Appropriations Ordinance may dedicate cash surpluses, taxes, andother sources of revenue not otherwise appropriated to this reserve fund.

(d) Nothing in this Charter may be construed to prevent the making of contracts, leases, orother obligations that provide for the payment of funds at a time beyond the end of the

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fiscal year in which these contracts are made, provided the nature of these transactionsreasonably requires the making of these contracts, leases or other obligations. TheCouncil shall authorize by law any contract, lease, or other obligation in excess of$20,000 that requires the payment of funds from the appropriation of a later fiscal year.The amount of $20,000 for such contracts, leases or obligations may be revised by lawfrom time to time, but no more frequently than annually, and shall not be less than$20,000.

ARTICLE 6.Miscellaneous

601. Strategic Plan.

(a) Under the direction of the Executive, the government shall establish a Strategic Plan forthe County, which shall be designed to align the County with anticipated shifts indemographic, economic, legal, political, social or physical conditions. The Strategic Planshall be created using the best practices for the creation of such plans, which shallinclude the participation of all elected County officials, the heads of all principaloperating departments, agencies and offices, and members of the public. The StrategicPlan shall be the principal planning document of the County to which all other planningdocuments shall adhere, including the budget and the County's Comprehensive Plan.

(b) The planning horizon of the Strategic Plan shall be at least five years. The Strategic Planshall identify at least five strategic issues, which the government determines has thehighest priority for successfully managing the County's future. The Strategic Plan shalloutline the manner in which the goals and objectives for successfully managing a givenstrategic issue shall be met within the planning horizon. Actions required to be takenpursuant to the Strategic Plan shall identify the job titles or groups of persons who are tobe responsible for completing said actions and the dates by which actions shall becompleted.

(c) The Council shall adopt the Strategic Plan, and any revisions or amendments thereto, byresolution. The County's first Strategic Plan shall be adopted no later than May 1, 2014.

(d) The Executive shall, to the best of the Executive's abilities, implement the Strategic Planand ensure that the actions therein identified are implemented by the dates specified. Tothe extent the Strategic Plan requires the Council to act, the Council shall act as required.

(e) The Strategic Plan shall be reviewed at least annually in open session by the Council todetermine whether the strategic issues identified therein remain top priorities as providedin Subsection (b) of this section. The Executive shall testify at said review and makerecommendations, as he or she deems necessary. If the Council, in its discretion,determines that one or more strategic issues have acquired an equal or higher prioritythan any strategic issue identified in the Strategic Plan, the Council shall revise or amendthe Strategic Plan to include said issue or issues. If the Council in its review of theStrategic Plan determines, in its discretion, that one or more strategic issues identified inthe Strategic Plan no longer require the active management of the County or, in any otherrespect for any other reason, no longer require the active attention of the County, theCouncil shall remove the strategic issue from the Strategic Plan. The amendment or

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601 CHARTER 604

revision process may include the participation of those individuals and groups providedin Subsection (a) of this section.

602. Charter amendments.

This Charter may be amended by the procedures provided in Article XI-A of the MarylandConstitution.

603. Termination of Charter.

(a) This Charter may be terminated, and the County returned to the County Commissionerform of government in effect prior to the adoption of this Charter, using the sameprocedures provided in Section 602 of this Charter.

(b) Thirty days following the approval by the voters to terminate this Charter, the Chartershall stand terminated. The Council members then in office shall become the Board ofCounty Commissioners for the County and shall remain in office until their successorsare qualified for office.

(c) All laws, ordinances, and regulations in effect at the termination of this Charter shallremain in force until changed by the action of the General Assembly or the Board ofCounty Commissioners, as provided by the Constitution of Maryland and the publicgeneral laws of this state.

604. Charter Review Commission.

(a) A Charter Review Commission shall be appointed by the Council no later than threemonths following the installation of newly elected Council members after the election of2022 and every 10 years thereafter, within three months following the installation of newCouncil members. A Charter Review Commission also may be appointed at such othertimes as the Council, in its discretion, may determine. The Charter Review Commissionshall be composed of seven registered voters of the County, including at least onemember from each residency district established pursuant to Section 204 of this Charter.No person shall be eligible for appointment to the Commission who holds elective office.The chair of the Commission shall be elected from and by the members of theCommission.

(b) The Commission shall review the provisions of this Charter and make recommendationsas to the necessity for deleting, adding, or amending its contents. The Commission shallreceive an appropriation sufficient to carry out its duties and responsibilities. Themembers of the Commission shall not be entitled to compensation but shall be entitled toreimbursement for reasonable expenses.

(c) The Commission shall make its report to the Council at a public hearing not later thanMay 1 of the year following its creation.

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605. Bonding of officers.

Officers of the government who have possession of or control over any funds of thegovernment shall be bonded for the faithful performance of their duties in an amount thatequals or exceeds 2% of the County's total budgeted expenditures for a given year. Suretybond premiums shall be paid by the government.

606. Independent auditor.

The Council shall engage a certified public accountant to make annually an independent postaudit of all financial records and actions of the government, its offices, agents, and employees.The complete report of the audit shall be presented to the Council and Executive and copiesof the complete report, including addendums, corrections to the report, and all correspondencerelating to the audit, shall be made available to the public at a cost not to exceed the cost ofreproduction.

ARTICLE 7.Transitional Provisions

701. Nature of this article.

The provisions of this article relate to the transition from the Commissioner form ofgovernment to the form of government provided by this Charter. Whenever the provisions ofthis article are inconsistent with the previous provisions of this Charter, the provisions of thisarticle shall control.

702. Time certain articles become effective.

Except as expressly provided in this article, the provisions of this Charter shall becomeoperative on the date the first County Executive, elected pursuant to this Charter, takes office,Monday, December 3, 2012. For purposes of this Charter, said date shall be termed "theeffective date of the Charter."

703. First County Executive.

In order to provide for the election of the first County Executive in November 2012, Section403 (Election of the County Executive), Section 404 (Term of the County Executive) andSection 405 (Qualifications of the County Executive) shall take effect on January 1, 2011.

704. Existing laws.

(a) The public local laws of the County and all rules, regulations, resolutions, and ordinancesenacted by the County Commissioners in force on the effective date of the Charter shallcontinue in full force until repealed or amended. To the extent that any of the publiclocal laws of the County or rules, regulations, resolutions, or ordinances, or any partsthereof, are inconsistent with the provisions of this Charter, they are repealed.

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(b) The provisions of Article 66B of the Annotated Code of Maryland, as they relate toplanning and zoning authority, stand adopted on the effective date of the Charter to theextent they are not repealed by the provisions of this Charter and shall remain in effectuntil repealed, amended, or superseded.

705. Reference in State Constitution and laws to County Commissioners.

All references in the Constitution and laws of the State of Maryland to the Cecil CountyCommissioners shall be construed, at the effective date of the Charter, to refer to the Counciland/or the County Executive whenever the construction would be reasonable.

706. Existing officers and employees.

All appointed officers and employees of the government holding office at the effective date ofthe Charter, unless specifically abolished by this Charter, shall continue to be employed attheir existing compensation, subject, however, to the provisions of any relevant personnellaws, rules, or regulations. Provisions relating to the qualifications for the appointed officesprovided in this Charter shall become effective whenever vacancies occur in the appointedoffices after said date.

707. Existing members of boards and commissions.

The members of all boards and commissions holding office at the effective date of the Chartershall continue to hold the same or corresponding office until completion of their terms ofoffice, unless removed in accordance with the provisions of this Charter.

708. Office of the County Commissioner abolished.

At the effective date of the Charter, the Office of County Commissioner shall cease to existand all reference to the Office and the Board of County Commissioners in the MarylandConstitution or in any law, ordinance, rule, or regulation shall be construed to refer to theOffice of Council member or the Council and/or the Office of the County Executive or theCounty Executive whenever the construction would be reasonable.

709. Composition of the first Council.

At the effective date of the Charter: (a) the three County Commissioners who reside inDistrict 2, District 3 and District 4, respectively, shall become Council members; and (b) thetwo candidates for the Office of County Commissioner who were elected to office inNovember 2012 and who reside in District 1 and District 5, respectively, shall becomeCouncil members. Together they shall exercise all of the powers provided to the Councilunder this Charter.

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710. Term of office for members of the first Council.

(a) The terms of office of the three Council members who reside in District 2, District 3 andDistrict 4, respectively, as said districts were comprised prior to the effective date of theCharter, shall expire at such times as their successors, elected in November of 2014, shallqualify for office.

(b) The terms of office of the two Council members who reside in District 1 and District 5,respectively, as said districts were comprised prior to the effective date of this Charter,shall expire at such times as their successors, elected in November of 2016, shall qualifyfor office.

711. Office of County Treasurer abolished.

On January 1, 2013, the Office of the County Treasurer shall cease to exist. The powers andduties of said office shall be performed by the Director of Finance, unless or until changed bylaw not inconsistent with the Charter. Until a Director of Finance is appointed pursuant to thisCharter, the Executive shall provide for the performance of the powers and duties of theabolished office. All references to the Office of County Treasurer in any law, ordinance, rule,or regulation, after the abolition of said office, shall be construed to refer to the Director ofFinance whenever such construction would be reasonable.

712. First Redistricting Commission.

The first Redistricting Commission appointed pursuant to Section 214 of this Charter shall beappointed not later than April 1, 2013, instead of not later than April 1, 2011, as required bySection 214. All other provisions of Section 214 shall apply.

713. First elections of Council members by district.

Elections by residency district, as provided by Section 204 of this Charter, shall first beconducted for: (a) District 2, District 3 and District 4 at the gubernatorial election of 2014;and (b) District 1 and District 5 at the presidential election of 2016.

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THE CODE

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P RT IA

ADMINISTRA IVET

LEGISLA IONT

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Chapter 1

GENERAL PROVISIONS

ARTICLE IAdoption of Code

ARTICLE IAdoption of Code

[An ordinance adopting the Code of Cecil County, Maryland, and making certainsubstantive changes to existing ordinances of the County is presently proposed beforethe Cecil County Council. Upon final adoption, it will be included here as Article I ofthis chapter.]

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Chapter 10

AUTHORITIES, ASSOCIATIONS AND AGENCIES

ARTICLE I ARTICLE IIBar and Library Association Airport Authority

§ 10-1. Establishment; members; § 10-7. Establishment. powers generally. § 10-8. Composition; terms; Chairman;§ 10-2. Authority to purchase or sell qualifications of members. property. § 10-9. Responsibilities. § 10-3. Revenue. § 10-10. Reporting results of studies.§ 10-4. Judges to have use of books. § 10-11. Control of airport. § 10-5. Directors. § 10-12. Funds and grants. § 10-6. Organization. § 10-13. Borrowing for capital

expenditures.

§ 10-14. Rules and regulations.

[HISTORY: Adopted as indicated in article histories. Amendments noted whereapplicable.]

ARTICLE IBar and Library Association

[Adopted as indicated in text (Ch. 10 of the 1990 Code of Public Local Laws)]

§ 10-1. Establishment; members; powers generally. [1961 Code, § 97; 1970 Code, Sec.3-4; 1974, ch. 240, § 3]

Albert Constable, Lewis Marshall Haines, Henry M. McCullough, Austin L. Crothers, John S.Wirt, George A. Blake, William S. Evans, William T. Warburton, Albert Constable, Jr.,Heister Hess, John S. Strahorn, Reuben Haines, Omar D. Crothers, J. Wilson Squier, Henry L.Constable, Robert C. Thackery and Joshua Clayton, and such other persons as may hereafterbecome members of the same, and their successors, are hereby created a corporation by thename and title of "Cecil County Bar and Law Library Association," and by that name shallhave perpetual succession, sue and be sued, answer and defend in any court of law and equity,and may adopt such bylaws, rules and regulations as may be from time to time necessary andproper for conducting the affairs of said corporation as shall not be contrary to the laws of theUnited States or of this state, and may have and use a seal and alter and change the same atpleasure, and in general exercise all the rights, privileges and immunities as by law areincident or necessary to the corporation herein constituted.

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§ 10-2 CECIL COUNTY CODE § 10-6

§ 10-2. Authority to purchase or sell property. [1961 Code, § 97; 1970 Code, Sec. 3-5;1974, ch. 240, § 3]

Said corporation, under the above name, shall be capable in law of purchasing, holding,selling and conveying property, real, personal and mixed, as far as shall be necessary for thepurpose for which it is incorporated.

§ 10-3. Revenue. [1961 Code, § 99; 1970 Code, Sec. 3-6; 1974, ch. 240, § 3; 1998, ch.352, § 11 ]

One-half of all fines and penalties hereafter paid, imposed by the Circuit Court for CecilCounty, upon any person or persons convicted in said court of any crime, and 1/2 of allforfeitures that may be collected by said court by judgment or decree of said court, shall bepaid to the Cecil County Bar and Law Library Association, Inc. for the purpose ofmaintaining the Law Library and for other charitable and educational purposes authorizedunder the Courts and Judicial Proceedings Article of the Annotated Code of Maryland,§ 7-507, or other applicable law.

§ 10-4. Judges to have use of books. [1961 Code, § 100; 1970 Code, Sec. 3-7; 1974, ch.240, § 3]

The Judges of the Circuit Court of Cecil County shall have the use of any and all of the booksof the Association as fully as any of the members thereof.

§ 10-5. Directors. [1961 Code, § 101; 1970 Code, Sec. 3-7; 1974, ch. 240, § 3]

The affairs of said Association shall be managed by seven Directors to be elected by theincorporators hereinbefore named at a meeting to be held at the County seat of Cecil County,after a majority of them have been notified of said meeting and of the time and place ofholding the same, to serve for one year or until their successors, thereafter to be electedannually by the members thereof, are elected and qualified.

§ 10-6. Organization. [1961 Code, § 102; 1970 Code, Sec. 3-9; 1974, ch. 240, § 3]

As soon as said Directors shall have been elected and organized by electing a President, VicePresident, Secretary and Treasurer, they shall give notice of the same, in writing, to the Clerkof the Circuit Court for Cecil County, and upon demand of the Treasurer of said Associationthe Clerk shall pay to him 1/2 of all fines or forfeitures received since March 25, 1904, 1/2 ofall fines thereafter received, upon demand of said Treasurer.

1. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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§ 10-7 AUTHORITIES, ASSOCIATIONS AND AGENCIES § 10-10

ARTICLE IIAirport Authority


§ 10-7. Establishment. [1969, ch. 714, § 1; 1970 Code, Sec. 1-7(a)2 ]

There is an Airport Authority of Cecil County, with the members, powers, duties, functionsand operations provided in this article.

§ 10-8. Composition; terms; Chairman; qualifications of members. [1969, ch. 714, § 1;1970 Code, Sec. 1-7(b); 1988, ch. 227, § 23 ]

There shall be five members of the Authority, to be selected and appointed by the CountyExecutive in accordance with the Charter. Of the members first appointed to the Commission,one shall be appointed for an initial term of one year, one for an initial term of two years, onefor an initial term of three years, one for an initial term of four years and one for an initialterm of five years. As these initial terms expire, the terms of succeeding members shall be forfour years each. The County Executive shall appoint persons to the Authority who are skilledand proficient in the general subject of aviation and airports. The County Executive, fromtime to time, shall designate a Chairman of the Authority. All members of the Authority at thetime of appointment and during their service on the Authority shall be residents of CecilCounty. The Authority shall meet regularly to carry out its functions under this section.

§ 10-9. Responsibilities. [1969, ch. 714, § 1; 1970 Code, Sec. 1-7(c); 1988, ch. 227, § 2]

The Airport Authority shall study the need and possibilities for an airport in Cecil County, therules, regulations, and requirements of the Federal Aviation Administration and the StateAviation Administration in relation to any such facility, the possibilities for obtaining state orfederal funds for the construction and operation of an airport, possible sites for an airport, andsuch other matters as properly are related to, and fall within the scope of, the intent andpurpose of this article.

§ 10-10. Reporting results of studies. [1969, ch. 714, § 1; 1970 Code, Sec. 1-7(d)]

From time to time, the Airport Authority shall report to the County Executive and to thecitizens of Cecil County the results of its studies and deliberations, together with anysummarized information it may compile and with such recommendations as it may thinkfeasible and proper for the progress and development of aviation and airports in Cecil County.



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§ 10-11. Control of airport. [1969, ch. 714, § 1; 1970 Code, Sec. 1-7(e)4 ]

Following such studies, the Cecil County Council may establish by ordinance and construct anairport or airports in Cecil County, under the provisions of this article. In that event, it or theyshall be operated and maintained under the control, direction, and supervision of the AirportAuthority.

§ 10-12. Funds and grants. [1969, ch. 714, § 1; 1970 Code, Sec. 1-7(f)5 ]

For the purposes of this article, the Airport Authority, with such funds as are made availableto it from time to time by the County, may engage and contract for the services of suchassistants, consultants and employees as deemed necessary for the work and purpose of theAirport Authority. The Authority, upon recommendation of the County Executive andapproval by the City Council, may accept grants-in-aid, monies, and gifts from other sources,public and private, for use in relation to the purposes and intent of this article.

§ 10-13. Borrowing for capital expenditures. [1969, ch. 714, § 1; 1970 Code, Sec. 1-7(g)]

Cecil County, from time to time, may borrow money on the faith and credit of Cecil Countyfor capital expenditures imposed or incurred for the construction, reconstruction, repair, orenlargement of an airport or airports in Cecil County.

§ 10-14. Rules and regulations. [1969, ch. 714, § 1; 1970 Code, Sec. 1-7(h)]

Cecil County and the Airport Authority of Cecil County each may adopt, promulgate, andfrom time to time amend, supplement, or repeal reasonable rules and regulations within themeaning and intent of this article to expedite and give effect to the exercise of their respectivepowers and duties under this article.



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Chapter 16

BOARDS, COMMITTEES AND COMMISSIONS

ARTICLE I § 16-11. Comprehensive program ofEconomic Development Commission public recreation.

§ 16-12. Control of land, buildings or§ 16-1. Creation. facilities.§ 16-2. Membership. § 16-13. Initiation or maintenance of

recreation programs.§ 16-3. Terms of office; compensation; organization. § 16-14. Annual report. § 16-4. Meetings; procedures. § 16-15. Cooperation with other bodies. § 16-5. Annual report. § 16-16. Borrowing funds. § 16-6. Powers of Commission. § 16-17. Appointment of Director;

salary; duties.ARTICLE II § 16-18. County Planning Commission

Board of Parks and Recreation not affected.

§ 16-7. Establishment; Director. ARTICLE III§ 16-8. Composition; terms; Commission for Women compensation.

§ 16-19. Creation; purpose.§ 16-9. Officers; meetings; advisory committees. § 16-20. Membership. § 16-10. Acceptance of property; § 16-21. Terms; compensation; officers.

appropriations; acquisition and§ 16-22. Meetings; rules and regulations. disposal of facilities.§ 16-23. Annual report.


ARTICLE IEconomic Development Commission


§ 16-1. Creation. [1963, ch. 302, § 1; 1970 Code, Sec. 1-6(a); 2000, ch. 46]

The Economic Development Commission of Cecil County is created for the purpose ofadvancing the general economic welfare of the people through the establishment of programsand activities that result in new economic activity, job growth, and expansion of the local taxbase, and that relate to manufacturing, distribution, research and development, corporate andregional offices, agriculture, and tourism; and to cooperate with and offer assistance toexisting industries and businesses in order to facilitate economic expansion, and to promoteand encourage the establishment and location of new industries and businesses in Cecil

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County; and to develop and implement workforce development initiatives intended to fosterand develop gainful employment opportunities for all who are now or may hereafter beresidents of Cecil County.

§ 16-2. Membership. [1963, ch. 302, § 1; 1970 Code, Sec. 1-6(b); 1988, ch. 227; 2000, ch.461 ]

The Commission shall consist of not fewer than 23 nor more than 33 members, who shall beappointed by the County Executive in accordance with the Charter. Members shouldreasonably represent the various sectors within Cecil County and shall be selected because oftheir known experience and interest in the economic development of Cecil County. Themembership shall include one representative from each municipal corporation located in theCounty, who shall be selected by their respective Mayor and Commissioners. The membershipshall also include two representatives from the community at large who are interested in theeconomic well-being of Cecil County.

§ 16-3. Terms of office; compensation; organization. [1963, ch. 302, § 1; 1970 Code, Sec.1-6(c); 1988, ch. 227; § 2; 2000, ch. 462 ]

The members of the Commission shall serve for three years from the effective date of theirappointment and are eligible for reappointment. They shall serve without compensation butshall be reimbursed for necessary travel and other expenses incurred in the performance oftheir duties. The Commission shall select from its own membership a Chair, Vice Chair, and aSecretary-Treasurer to serve a term of one year and to be eligible for reelection, provided thatno one person shall hold the position of Chair for more than three consecutive terms. Uponthe death, disability, resignation, or removal of any member of the Commission, the CountyExecutive, in accordance with the Charter, shall appoint a person representing generally thesame business, municipal, or community interest to serve for the unexpired term. TheCommission has the power to establish and appoint advisory groups and committees to assistin its program of activity, which membership is not restricted solely to members of theCommission.

§ 16-4. Meetings; procedures. [1963, ch. 302, § 1; 1970 Code, Sec. 1-6(d); 1988, ch. 227;§ 2; 2000, ch. 463 ]

The Commission shall meet regularly and may hold special meetings at the call of the Chairor a majority of the members of the Commission. The Commission shall adopt such rules andregulations as it may deem necessary to govern its procedure and business. A majority of themembers shall constitute a quorum. The Commission shall submit to the County Executive anannual operating budget for each fiscal year for the approval by the Cecil County Council,and the Cecil County Council shall provide such funds as it may approve. The Commission is




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§ 16-4 BOARDS, COMMITTEES AND COMMISSIONS § 16-7

empowered to employ such employees as its business may require, within the limits of itsappropriation.

§ 16-5. Annual report. [1963, ch. 302, § 1; 1970 Code, Sec. 1-6(e); 2000, ch. 46]

An annual report shall be made by the Economic Development Commission and filed with theCounty within 90 days of the end of the fiscal year and made available to the public. Theannual report shall include an assessment of performance of the Commission and the staff ofthe Office of Economic Development, as well as subjects and recommendations for theimprovement and advancement of the economic welfare of the people of Cecil County.

§ 16-6. Powers of Commission. [1963, ch. 302, § 1; 1970 Code, Sec. 1-6(f); 1988, ch. 227,§ 2; 2000, ch. 46]

The Commission may:

A. Investigate and assemble information pertinent to the economic resources and industrialopportunities of the County.

B. Encourage the expansion of existing enterprises and encourage the location of newindustrial facilities in the County.

C. Encourage development of agribusiness and promote tourist business in the County,making the public aware of the County's history and culture.

D. Disseminate information in the interest of industrial development by publication,advertising and other means.

E. Develop strategic alliances with federal, state, regional, and local economic developmentand business organizations in the furtherance of its purposes.

F. Cooperate with any interested private entities, civic organizations or subdivisions thereofin furtherance of its purposes.

ARTICLE IIBoard of Parks and Recreation

[Adopted as indicated in text (Ch. 57, §§ 57-1 through 57-12, of the 1990 Code of PublicLocal Laws)]

§ 16-7. Establishment; Director. [1968, ch. 697, § 1; 1970 Code, Sec. 1-8(a); 1977, ch.841, § 1; 1988, ch. 227, § 2; 2007, ch. 328, § 14 ]

There is a Board of Parks and Recreation and a Director of Parks and Recreation, with powersand duties as specified in this article.


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§ 16-8. Composition; terms; compensation. [1968, ch. 697, § 1; 1970 Code, Sec. 1-8(b);1977, ch. 841, § 1; 1988, ch. 227, § 2; 1993, ch. 251, § 15 ]

A. The Board shall consist of eight members, appointed by the County Executive inaccordance with the Charter. One member shall be appointed by the Board of Education.The Cecil County Council shall annually select, from its membership, an ex officiomember for this Board, who shall serve without voting privileges. [2007, ch. 328, § 16 ]

B. All members of the Board, with the exception of the ex officio member, shall beappointed for three-year staggered terms from the first day of January of the year of theirappointments or until their successors are appointed. Vacancies, except those at theexpiration of a term, shall be filled in the same manner as the original appointments andfor the unexpired term. All members of the Board shall serve without compensation,except that they may be reimbursed for necessary and proper expenses incurred whileperforming their duties thereon.

§ 16-9. Officers; meetings; advisory committees. [1968, ch. 697, § 1; 1970 Code, Sec.1-8(c); 1977, ch. 841, § 1; 1988, ch. 227, § 2]

The Board shall annually select a Chairman and a Vice Chairman from its membership; and itshall also select a Secretary and a Treasurer, who may or may not be members thereof. TheBoard may require the Treasurer to give bond in such amount as it may determine, and it isfurther authorized to adopt all necessary rules and regulations for the conduct of its businessand for the protection of properties under its control. The Board shall hold such regular andspecial meetings as it may deem necessary. The Board is authorized to determine all questionsof general policy relating to parks and public recreation in Cecil County, to supervise theexpenditure of funds appropriated to these purposes, and to keep the County informed as tothe availability of federal and state funds for these purposes. It may appoint advisorycommittees or panels to assist in the exercise of its powers and functions.

§ 16-10. Acceptance of property; appropriations; acquisition and disposal of facilities.[1968, ch. 697, § 1; 1970 Code, Sec. 1-8(d); 1977, ch. 841, § 1; 1988, ch. 227, § 27 ]

The Board, upon recommendation of the County Executive and approval by the CountyCouncil, may accept real and personal property of all kinds suitable for public parks, openspace programs, and recreational purposes, legal title to which shall always be in the name ofCecil County, Maryland. The Cecil County Council shall appropriate in the annual budget ofthe County such sums as shall be necessary to purchase land, construct improvements, anddefray expenses for the maintenance of park and recreation areas under the control of theBoard and for the support of the park and recreational programs. The acquisition of property,

5. Editor's Note: Section 6 of ch. 251 provided that notwithstanding Subsections A and B below, as amended by Laws of1993, ch. 251, § 1, members of the Cecil County Board of Parks and Recreation, other than an ex officio member,shall be appointed for terms beginning 1-1-1997 as follows: three members for a one-year term; two members for atwo-year term; and two members (including the member selected by the Board of Education) for a three-year term tostagger the terms of the Board.



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with the approval of the County, may be by purchase, condemnation, grant, bequest, devise,or lease of the fee or any lessor interest, development right, assignment, covenant, or othercontractual right necessary for park and recreation programs. The County may sell or in anymanner dispose of these parks and recreational properties.

§ 16-11. Comprehensive program of public recreation. [1968, ch. 697, § 1; 1970 Code,Sec. 1-8(e); 1977, ch. 841, § 1; 1988, ch. 227, § 2]

The Board, subject to budgetary policies and appropriations of the County, may establish,adopt, direct, or cause to be conducted or directed a comprehensive program of publicrecreation in schools, parks, or other lands or buildings, either publicly or privately owned. Itfurther may develop, equip, operate, maintain, or issue permits for the use of any facilitiesmade available to the Board and make charges where appropriate. The initiative for allprograms shall come from the general public.

§ 16-12. Control of land, buildings or facilities. [1968, ch. 697, § 1; 1970 Code, Sec.1-8(f); 1977, ch. 841, § 1; 1988, ch. 227, § 2]

The control of any land, buildings, or other acceptable facilities shall be in accord withagreements reached between the Board and the person, corporation, or agency havingjurisdiction over such properties. No power or authority conferred by this article shall beconstrued to abridge or limit the power of Cecil County, the Board of Education, or of anygovernmental agency, or of any person or corporation, to refuse to permit or to limit the useof any ground, building, or facility under their control, ownership or jurisdiction.

§ 16-13. Initiation or maintenance of recreation programs. [1968, ch. 697, § 1; 1970Code, Sec. 1-8(g); 1977, ch. 841, § 1; 1988, ch. 227, § 2]

The Board, subject to the approval of the County, may contract with private organizations forthe initiation and maintenance of public recreation programs.

§ 16-14. Annual report. [1968, ch. 697, § 1; 1970 Code, Sec. 1-8(h); 1977, ch. 841, § 1;1988, ch. 227, § 2]

The Board shall submit to the County an annual report of its activities, together withrecommendations for further activities and development of the County recreation program. Itshall also submit an annual budget, pursuant to the requirements of law, itemizing theappropriations necessary for the performance of its functions and duties.

§ 16-15. Cooperation with other bodies. [1968, ch. 697, § 1; 1970 Code, Sec. 1-8(i); 1977,ch. 841, § 1; 1988, ch. 227, § 2]

Cecil County, by and through the Board of Parks and Recreation, may join or cooperate withthe federal government, the State of Maryland, any municipality, any other governmentalagency or citizen group in providing, establishing, conducting, and maintaining recreationcenters, playgrounds, parks, and other recreation facilities and activities.

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§ 16-16. Borrowing funds. [1968, ch. 697, § 1; 1970 Code, Sec. 1-8(j); 1977, ch. 841, § 1;1988, ch. 227, § 2]

Cecil County may borrow funds for the purposes of this article and issue individual notes,bonds or other evidence of indebtedness for the repayment of the funds and of interestthereon.

§ 16-17. Appointment of Director; salary; duties. [1968, § 697, § 1; 1970 Code, Sec.1-8(k)(1) and (2); 1977, ch. 841, § 1; 1988, ch. 227, § 2; 1992, ch. 88, § 18 ]

A. The Director of Parks and Recreation shall be appointed by the County Executive inaccordance with the Charter. The Director shall have a degree in recreation or a similarfield or have five years' experience in parks and recreation and shall serve at the will ofthe County Executive. The annual salary for the Director shall be determined by theCounty, except that it shall not be less than $10,000.

B. The Director serves under the general direction and supervision of the County Executiveand provides staff support to the Board of Parks and Recreation. The Director's dutiesshall consist of maintenance of equipment and facilities used in the public recreationprogram and in scheduling and operating programs established by the County andadopted by the Board of Parks and Recreation.

§ 16-18. County Planning Commission not affected. [1968, § 697, § 1; 1970 Code, Sec.1-8(1); 1977, ch. 841, § 1; 1988, Ch. 227, § 2]

Notwithstanding any other provisions of this article, the authority of the Cecil CountyPlanning Commission, as set forth under § 3.08 of Article 66B, Annotated Code of Maryland,shall not be diminished or impaired.

ARTICLE IIICommission for Women


§ 16-19. Creation; purpose. [1998, ch. 182, § 1]

A. There is a Cecil County Commission for Women.

B. The purpose of the Commission is to raise awareness of issues affecting women andfamilies and to advocate for women and families in order to assist them in attaining thebest quality of life for themselves and their families.


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§ 16-20. Membership. [1998, ch. 182, § 1]

A. Number of members.

(1) The Commission shall consist of 12 members.

(2) The members shall represent a cross section of the County and shall be selectedbecause of their known experience and active interest in women's and family issuesand the purposes of the Commission.

B. The County Executive, in accordance with the Charter, shall appoint the initial membersof the Commission from a list supplied by the Task Force for the Study and Formation ofa Cecil County Commission for Women. Thereafter, the County Executive shall appointmembers from recommendations made by organizations and agencies in the Countydedicated to improving the quality of life for the citizens of Cecil County.9

§ 16-21. Terms; compensation; officers. [1998, ch. 182, § 1]

A. Terms.

(1) For the initial establishment of the first Commission, 1/3 of the members shallserve for one year, 1/3 for two years, and 1/3 for three years. Thereafter, the termsof all members shall be three years.

(2) At the end of a term, a member of the Commission continues to serve until asuccessor is appointed and qualifies.

(3) A member of the Commission who is appointed after a term has begun serves onlyfor the rest of the term and until a successor is appointed and qualifies.

B. A member of the Commission:

(1) May not receive compensation; but

(2) Is entitled to reimbursement for expenses, as provided in the Commission's budget.

C. The Commission shall select from its own membership a Chairperson, Vice-Chairperson,and Secretary-Treasurer, each to serve at the pleasure of the Commission.

§ 16-22. Meetings; rules and regulations. [1998, ch. 182, § 1]

A. The Commission shall meet as frequently as required to perform its duties, but no lessthan two times each year.

B. The Commission shall adopt rules and regulations necessary to govern its procedure andbusiness.


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§ 16-23. Annual report. [1998, ch. 182, § 1]

The Commission shall submit an annual report to the County summarizing its activities duringthe preceding year.

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Chapter 21

COUNTY COUNCIL § 21-1. Council districts. § 21-2. Monthly statement of claims;

preparation; publication.

[HISTORY: Adopted as indicated in text (Ch. 15, §§ 15-2 and 15-12, of the 1990 Code ofPublic Local Laws). Amendments noted where applicable.]

GENERAL REFERENCES

County Council — See Charter Art. 2. Elections and election districts — See Ch. 30.

§ 21-1. Council districts. [1960 Code, § 104; 1970 Code, Sec. 1-16; 1982, ch. 742, § 2;1988, ch. 227, § 2; 1998, ch. 33, § 1; 1999, ch. 380, § 11 ; 2002, ch. 95, § 1]

The Cecil County Council shall be elected by the voters of the County at large and hold officein accordance with the following provisions:

A. Districts established.

(1) The County shall be divided into five Council Districts.

(2) Council District 1 consists of:

(a) Cecil County Election Districts 1 and 2; and

(b) That part of Cecil County Election District 3, Precinct 1, that consists ofCensus Tract 305.04, Blocks 2015 through 2020, 3000 through 3023, 4000,4001, 4009, and 4010; and

(c) That part of Cecil County Election District 3, Precinct 2, that consists of thefollowing census tracts and blocks:

[1] Census Tract 304.00, Blocks 1005, 1030, 1031, 3000 through 3023,4012, 4013, 4014, and 4019 through 4026;

[2] Census Tract 305.03, Blocks 1017, 1018, 1019, 1020, and 4000 through4019;

[3] Census Tract 305.04, Blocks 1055, 4002, 4003, 4004, and 4012 through4026; and

1. Editor's Note: Ch. 380 also provided that its passage was contingent on the passage of the constitutional amendmentenacted by Chapter 119 (S.B. 510) of the Acts of the General Assembly of 1999 and its ratification by the voters of thestate and that it shall take effect on the date of certification of the election results on the question of ratification of theconstitutional amendment by the voters of the state.

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[4] Census Tract 309.03, Blocks 2000, 2001, 2023 through 2032, and 2034through 2039.


(a) Cecil County Election District 4, Precinct 1; and

(b) That part of Cecil County Election District 3, Precinct 1, that consists of thefollowing census tracts and blocks:

[1] Census Tract 304.00, Blocks 1000 through 1029, 2000 through 2020,4000 through 4011, and 4015 through 4018;

[2] Census Tract 305.01, Blocks 2000 through 2004, 2023 through 2026,2030 and 2999;

[3] Census Tract 305.03, Blocks 2000 through 2003, 2022 through 2033,2998 through 3053; 3997, 3998, and 3999;

[4] Census Tract 305.04, Blocks 1000 through 1066, and 2000 through2014; and


[1] Census Tract 305.01, Blocks 1000 through 1025, 1990 through 1999,2005 through 2009, 2015 through 2022, 2027, 2028, 2029, 2031, 2989,2990, 2991, and 2993 through 2998;

[2] Census Tract 305.03, Blocks 1000 through 1016, 1023, 1024, 1997,1998, 1999, 2004 through 2021, 2034 through 2060, 2995, 2996, 2997,and 4001 through 4003; and

[3] Census Tract 309.01, Block 3009; and

(d) That part of Cecil County Election District 4, Precinct 1, that consists ofCensus Tract 306.01, Blocks 3002, 3003, and 3004.


(a) Cecil County Election District 9, Precinct 1; and


[1] Census Tract 305.01, Blocks 2010 through 2014 and 2992;

[2] Census Tract 306.01, Blocks 1000 through 1011, 2000 through 2037,2997 through 3000, 3005 through 3012, and 3997 through 3999; and

[3] Census Tract 306.02, Blocks 1000 through 1032, 2000 through 2011,and 2023; and

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§ 21-1 COUNTY COUNCIL § 21-1


[1] Census Tract 307.00, Block 3013; and

[2] Census Tract 309.01, Blocks 2002 and 2005; and

(d) That part of Cecil County Election District 5, Precinct 2, that consists ofCensus Tract 309.01, Blocks 1000 through 1006, 2006 through 2008, and2040 through 2042; and

(e) That part of Cecil County Election District 6, Precinct 1, that consists of thefollowing census tracts and blocks:

[1] Census Tract 307.00, Blocks 1019, 1020, 1024, and 1025; and

[2] Census Tract 313.00, Blocks 1000 through 1019, 1037 through 1057,1999 through 2043, 2999 through 3016, 4000 through 4005, 4014, 6000through 6014, 6054, 6055, 6059 through 6064.


(a) Cecil County Election Districts 7 and 8; and

(b) That part of Cecil County Election District 5, Precinct 2, that consists ofCensus Tract 309.01, Blocks 1007, 1010, 1011, 1012, 1013, 1016, and 1999;and


[1] Census Tract 312.01, Blocks 1001 and 1008; and

[2] Census Tract 313.00, Blocks 1020 through 1024, 1027 through 1036,4006 through 4013, 4015 through 4018, 6015 through 6029, 6033through 6053, 6056, 6057, 6058, 6065, and 6066.


(a) That part of Cecil County Election District 3, Precinct 2, that consists ofCensus Tract 305.01, Blocks 1026 and 1027; and [2003, ch. 21, Art. 8]


[1] Census Tract 305.03, Blocks 1021, 1022, and 4020;

[2] Census Tract 309.01, Blocks 2000 through 2004, 2017, 2019 through2030, 2035 through 2039, 3000 through 3008, 3010 through 3023, and4000 through 4018;

[3] Census Tract 309.03, Blocks 1000 through 1078, 2002 through 2022,2033, and 2040 through 2079; and

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[4] Census Tract 309.04, Blocks 4000 through 4034, 4997, 5000 through5022, 6000 through 6033, and 7000 through 7033; and

(c) That part of Cecil County Election District 5, Precinct 2, that consists ofCensus Tract 309.01, Blocks 1008, 1009, 1014, 1015, 1017 10 through 1024,2009 through 2016, 2018, 2031 through 2034, and 5000 through 5137.

B. One Council member shall be elected from each Council District.

C. A person may not be eligible as a candidate for County Council member unless he is aresident of the Council District at the time of nomination and election.2

§ 21-2. Monthly statement of claims; preparation; publication. [1961 Code, § 117; 1970Code, Sec. 1-29; 1975, ch. 784, § 1; 1982, ch. 458, § 1; 1984, ch. 489, § 1; 1988, ch. 227,§ 2; 1992, ch. 92, § 1; 2004, ch. 243, § 1]

All records of County expenses shall be on file in the Director of Finance's office and shall bemade available for public inspection. In addition, the County shall compile at the end of eachmonth a detailed statement of accounts for all of the expense payments above $500 that weremade during that month. The statement shall include the name to whom the expense paymentwas made payable, the total amount of the expense item, and an identification of the particularitem of expense. The County shall publish, within 30 days from the date of the last day of theprevious month, the statement in a newspaper published in Cecil County.

2. Editor's Note: Original Subsection D of former Ch. 15 of the Code of Public Local Laws, regarding election ofCounty Commissioners at the November 2002 general election, which immediately followed this subsection, wasrepealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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Chapter 30

ELECTIONS AND ELECTION DISTRICTS § 30-1. Districts established; holding of

elections.

[HISTORY: Adopted as indicated in text (Ch. 28 of the 1990 Code of Public LocalLaws). Amendments noted where applicable.]

§ 30-1. Districts established; holding of elections. [1961 Code, § 139; 1970, Sec. 6-1]

Cecil County is divided into nine election districts, according to their present bounds andlimits, and elections for all public offices shall be held in each of said districts at the placesheretofore established by law for that purpose.

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Chapter 34

EMERGENCY SERVICES, DEPARTMENT OF § 34-1. Creation; supervision; § 34-4. Emergency medical services. responsibilities. § 34-5. Emergency 9-1-1 telephone § 34-2. Powers and duties. system.

§ 34-3. Emergency management.

[HISTORY: Adopted by the Board of County Commissioners (now County Council) attime of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments notedwhere applicable.]

§ 34-1. Creation; supervision; responsibilities.

The Department of Emergency Services was established as the Cecil County Civil Defenseand Emergency Management Agency pursuant to 1961 Code; § 116; 1970 Code, Sec. 1-9;1988, ch. 227, § 2, and reauthorized as the Department of Emergency Services under § 162-1as amended, 1999 Code. The Department is subject to the direction, supervision, and controlof the Director of Emergency Services under the authority of the County Executive and shallbe responsible for the administration, coordination, and operation of emergency medicalservices, emergency management, emergency communications, and other emergency servicesas assigned, delegated or required by law.

§ 34-2. Powers and duties.

The Department of Emergency Services shall be responsible for:

A. Receiving and handling all 9-1-1 telephone calls in Cecil County;

B. Receiving and dispatching requests for fire, rescue, emergency medical, hazardousmaterials, and law enforcement, as appropriate;

C. Commanding and controlling the hazardous materials response team;

D. Providing emergency medical services;

E. Managing and maintaining a communications system for use by fire, rescue, emergencymedical services, and law enforcement; and

F. Providing emergency preparedness and emergency management within Cecil County.

§ 34-3. Emergency management.

The Department of Emergency Services shall maintain an Office of Emergency Managementresponsible for:

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A. Managing and implementing all emergency plans for major emergencies and disasters;

B. Controlling and coordinating the County's response to major emergencies and disasters;

C. Functioning as the County organization for emergency management pursuant to:

(1) Section 14-109 of the Public Safety Article, Annotated Code of Maryland.

(2) The Superfund Amendments and Reauthorization Act of 1986.

(3) The Emergency Planning and Community Right-to-Know Act of 1986.1

§ 34-4. Emergency medical services.

The Department of Emergency Services shall be responsible for coordinating emergencymedical services within Cecil County in accordance with Code of Maryland Regulations(COMAR) Title 30.

§ 34-5. Emergency 9-1-1 telephone system.

The Department of Emergency Services is responsible for the delivery of 9-1-1 emergencytelephone system services within the County in accordance with COMAR Title 12,Department of Public Safety and Correctional Services.

1. Editor's Note: See 42 U.S.C. § 11001 et seq.

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Chapter 39

ETHICS

ARTICLE I ARTICLE IVGeneral Provisions Financial Disclosure by Elected Officials

and Candidates for County Office § 39-1. Title.

§ 39-21. Applicability. § 39-2. Statement of purpose and policy. § 39-22. Filing of statements. § 39-3. Definitions.§ 39-23. Filing of statements by candidates for elected office.ARTICLE II

Ethics Commission § 39-24. Public record.

§ 39-25. Retention of statements. § 39-4. Membership; terms.

§ 39-26. Contents of statement. § 39-5. Chairman.

§ 39-27. Interests of person making§ 39-6. Role of County Attorney. statement.§ 39-7. Budget and expenses. § 39-28. Review and enforcement.§ 39-8. Powers and duties.

ARTICLE V§ 39-9. Advisory opinions. Financial Disclosure of Employees and § 39-10. Complaints.

Appointed Members of Board and § 39-11. Exemptions and modifications. Commissions§ 39-12. Late fees.

§ 39-29. Applicability.ARTICLE III § 39-30. Filing under oath.

Prohibited Conduct and Interests § 39-31. Retroactive gift disclosure.

§ 39-32. Advance disclosure of conflicts.§ 39-13. Participation restrictions. § 39-33. Retroactive disclosure of§ 39-14. Employment and financial conflicts. interest restrictions. § 39-34. Maintenance of statements.§ 39-15. Post-employment limitations and

restrictions. § 39-35. Additional requirements.

§ 39-16. Contingent compensation. ARTICLE VI § 39-17. Use of prestige of office.

Lobbying§ 39-18. Solicitation and acceptance of gifts. § 39-36. Applicability.§ 39-19. Disclosure of confidential § 39-37. Filing deadline. information.

§ 39-38. Registration statement. § 39-20. Participation in procurement.

§ 39-39. Disclosure requirements.

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§ 39-40. Maintenance of registrations § 39-42. Injunctive or other relief. and reports. § 39-43. Lobbying violations.

§ 39-44. Additional enforcement actions.ARTICLE VII

§ 39-45. Maintenance of records.Enforcement§ 39-46. Falsifying filed statements.

§ 39-41. Authorized enforcement actions.

[HISTORY: Adopted by the Board of County Commissioners (now County Council) ofCecil County 10-18-2011 by Ord. No. 2011-10. Amendments. noted where applicable.]

GENERAL REFERENCES

Authorities, associations and agencies — See Ch. 10. County Council — See Ch. 21.Boards, committees and commissions — See Ch. 16. Officers and employees — See Ch. 70.

ARTICLE IGeneral Provisions

§ 39-1. Title.

This chapter shall be known and may be cited as the "Cecil County Public Ethics Law."

§ 39-2. Statement of purpose and policy.

A. Cecil County, recognizing that our system of representative government is dependent inpart upon the people maintaining the highest trust in their public officials and employees,finds and declares that the people have a right to be assured that the impartiality andindependent judgment of public officials and employees will be maintained.

B. It is evident that this confidence and trust is eroded when the conduct of the County'sbusiness is subject to improper influence and even the appearance of improper influence.

C. For the purpose of guarding against improper influence, the County enacts this PublicEthics Law to require County elected officials, officials, employees, and individualsappointed to boards and commissions to disclose their financial affairs and to setminimum standards for the conduct of local government business.

D. It is the intention of the County that this chapter, except its provisions for criminalsanctions, be liberally construed to accomplish this purpose.

§ 39-3. Definitions.

In this chapter, the following terms have the meanings indicated:

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§ 39-3 ETHICS § 39-3

BUSINESS ENTITY —

A. A corporation, general or limited partnership, limited-liability company, soleproprietorship, joint venture, unincorporated association or firm, institution, trust,foundation, or other organization, whether or not operated for profit.

B. "Business entity" does not include a governmental entity.

COMMISSION — The Cecil County Ethics Commission established under § 39-4 of thischapter.

COMPENSATION —

A. Any money or thing of value, regardless of form, received or to be received by anyindividual covered by this chapter from an employer for service rendered.

B. For the purposes of Article VI of this chapter, if lobbying is only a portion of a person'semployment, "compensation" means a pro-rated amount based on the time devoted tolobbying compared to the time devoted to other employment duties.

CONFLICT OF INTEREST — An actual or potential financial benefit, as distinguished fromthe general interest of the County or public, related to or resulting from an official's oremployee's public duties and his/her personal, family, employer, business, or investmentinterests that s/he would reasonably be expected to know; or using one's position for theprivate gain of one's self or another.

DOING BUSINESS WITH —

A. Having or negotiating a contract that involves the commitment, either in a single orcombination of transactions, of $5,000 or more of County-controlled funds; or

B. Being regulated by or otherwise subject to the authority of Cecil County; or

C. Being registered as a lobbyist under Article VI of this chapter.

ELECTED OFFICIAL —

A. Any individual who holds an elective office of Cecil County.

B. "Elected official" does not include the Sheriff, State's Attorney, Register of Wills, or theClerk of the Court.

EMPLOYEE —

A. An individual who is employed by Cecil County.

B. "Employee" does not include an elected local official.

C. "Employee" does not include an employee of:

(1) The Offices of the Sheriff, State's Attorney, Register of Wills, or the Clerk of theCourt;

(2) The County Health Department; or

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(3) The County Department of Social Services.

FINANCIAL INTEREST —

A. Ownership of any interest as a result of which the owner has received, within the pastthree years, or is presently receiving, or in the future is entitled to receive, more than$1,000 per year; or

B. Ownership, or the ownership of securities of any kind representing or convertible intoownership, of more than 3% of a business entity by a County official or employee, or thespouse of an official or employee.

GIFT —

A. The transfer of anything of economic value, regardless of the form, without adequate andlawful consideration.

B. "Gift" does not include a political campaign contribution regulated under the ElectionsArticle, Annotated Code of Maryland, or any other provision of state or local lawregulating the conduct of elections or the receipt of political campaign contributions.

IMMEDIATE FAMILY — A spouse and dependent children.

INTEREST —

A. A legal or equitable economic interest, whether or not subject to an encumbrance or acondition, that is owned or held, in whole or in part, jointly or severally, directly orindirectly.

B. For purposes of Articles IV and V of this chapter, "interest" includes any interest held atany time during the reporting period.

C. "Interest" does not include:

(1) An interest held in the capacity of a personal agent, custodian, fiduciary, personalrepresentative, or trustee, unless the holder has an equitable interest in the subjectmatter;

(2) An interest in a time or demand deposit in a financial institution;

(3) An interest in an insurance policy, endowment policy or annuity contract underwhich an insurer promises to pay a fixed amount of money either in a lump sum orperiodically for life or a specified period;

(4) A common trust fund or a trust which forms part of a pension or profit-sharingplan which has more than 25 participants and which has been determined by theInternal Revenue Service to be a qualified trust under the Internal Revenue Code;or

(5) A college savings plan under the Internal Revenue Code.

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§ 39-3 ETHICS § 39-5

LOBBYING —

A. Communicating in the presence of a County official or employee with the intent toinfluence any official action of that official or employee; or

B. Engaging in activities with the express purpose of soliciting others to communicate witha County official or employee with the intent to influence that official or employee.

LOBBYIST — A person required to register and report expenses related to lobbying underArticle VI of this chapter.

OFFICIAL — An elected official or a person appointed to any County agency, board,commission, or similar entity:

A. Whether or not paid in whole or in part with County funds; and

B. Whether or not compensated.

PERSON — Includes an individual or business entity.

QUALIFIED RELATIVE — A spouse, parent, child, sibling, in-law, a dependent relative, orthe spouse of a parent, child, sibling, in-law, or dependent relative.

ARTICLE IIEthics Commission

§ 39-4. Membership; terms.

A. There shall be a Cecil County Ethics Commission, which shall be composed of fivemembers appointed by the County Executive, in accordance with the Charter, tostaggered four-year terms.1

B. The Commission members shall serve four-year overlapping terms. All members shallreside in and be qualified voters of Cecil County.

C. Not more than three members of the Commission shall be affiliated with the samepolitical party.

D. A Commission member may serve until a successor is appointed and qualifies.

§ 39-5. Chairman.

A. The Commission shall elect a Chairman from among its members.

B. The term of the Chairman is one year.

C. The Chairman may be reelected.


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§ 39-6. Role of County Attorney.

A. The County Attorney shall assist the Commission in carrying out the Commission'sduties.

B. If a conflict of interest under Article III of this chapter or other conflict prohibits theCounty Attorney from assisting the Commission in a matter, the County shall providesufficient funds for the Commission to hire independent counsel for the duration of theconflict.

§ 39-7. Budget and expenses.

A. The Commission, with the assistance of the County Administrator, shall develop andsubmit a budget to the County Executive by February 1 of each calendar year.2

B. The Commission shall be reimbursed for expenses reasonably incurred in connectionwith the work of the Commission.


A. The Commission is the advisory body responsible for interpreting this chapter andadvising persons subject to this chapter regarding its application.

B. The Commission shall hear and decide, with the advice of the County Attorney or otherlegal counsel if appropriate, all complaints filed regarding alleged violations of thischapter by any person.

C. The Commission or an office designated by the Commission shall retain as a publicrecord all forms submitted by any person under this chapter for at least four years afterreceipt by the Commission.

(1) The Commission designates the Cecil County Department of Human Resources,acting as agent of the Ethics Commission, to maintain a file of Commissionrecords and forms, including, but not limited to, all statements of financialdisclosure, lobbyist registration statements, lobbyist gift disclosure statements,Ethics Commission advisory opinions, documents relating to an investigation, andall other historical documents. All records shall be made available for review andcopying upon request of current Ethics Commission members. Documents notdesignated as confidential under this chapter shall be made available for reviewand copying by the general public, upon request and as permitted by law, subjectto reasonable fees and administrative procedures established by the Commission.

(2) Ethics Commission advisory opinions, documents relating to an investigation, anddocuments designated as confidential under this chapter may be retired at theapproval of the Ethics Commission.


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§ 39-8 ETHICS § 39-10

D. The Commission shall conduct a public information and education program regarding thepurpose and implementation of this chapter.

E. The Commission shall certify to the State Ethics Commission on or before October 1 ofeach year that the County is in compliance with the requirements of State GovernmentArticle, Title 15, Subtitle 8, Annotated Code of Maryland, for elected local officials.

F. The Commission shall:

(1) Determine if changes to this chapter are required to be in compliance with therequirements of State Government Article, Title 15, Subtitle 8, Annotated Code ofMaryland; and

(2) Forward any recommended changes and amendments to the County for enactment.

§ 39-9. Advisory opinions.

A. Any person subject to this chapter may request an advisory opinion from theCommission concerning the application of this chapter.

B. The Commission shall respond promptly to a request for an advisory opinion and shallprovide interpretations of this chapter based on the facts provided or reasonably availableto the Commission in an expeditious manner, not to exceed 60 days from the requestdate.

C. In accordance with all applicable state and County laws regarding public records, theCommission shall publish or otherwise make available to the public copies of theadvisory opinions, with the identities of the subjects deleted, provided content of suchdisclosure would not otherwise indicate the identity of the subject. Opinions may bereleased in their entirety if the subject waives confidentiality.

D. The Commission may adopt additional policies and procedures related to the advisoryopinion request process.

§ 39-10. Complaints.

Any person may file a complaint with the Commission alleging a violation of any of theprovisions of this chapter.

A. A complaint shall be in writing and under oath, on a form provided by the Commission.The Commission shall promptly acknowledge receipt of the complaint to thecomplainant. The Commission shall promptly provide the respondent with a copy of thecomplaint. The identity of the complainant shall be disclosed to the respondent at therequest of the respondent. All Commission members shall receive a copy of thecomplaint. [Amended 8-21-2012 by Ord. No. 2012-08]

B. The Commission, on its own motion, may issue a complaint alleging a violation of thischapter.

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C. If the complaint fails to allege a violation of the provisions of the Cecil County EthicsLaw, the Commission may dismiss the complaint in a signed order outlining its reason(s)for dismissal. The order of dismissal shall be sent to the complainant and to therespondent forthwith.

D. In the event that the Commission determines that the alleged violation falls within thejurisdiction of the Cecil County Public Ethics Law, the Commission may, at theCommission's discretion, promptly refer the complaint to the County Attorney, or otherlegal counsel if deemed appropriate, for investigation and review. Counsel, or theCommission, shall collect evidence relating to the allegations of the complaint and shallrefer an investigative report to the Commission for review.

E. The Commission may dismiss a complaint if, after receiving an investigative report, theCommission determines that there are insufficient facts upon which to base adetermination of a violation. The complaint shall be dismissed by the Commission in asigned order outlining its reason(s) for dismissal.

F. If there is a reasonable basis for believing a violation has occurred, the subject of thecomplaint shall be given an opportunity for a hearing conducted in accordance with theapplicable County rules of procedure. The Commission shall notify the complainant andthe respondent that a hearing will be held on the complaint on a date specified in thewritten notice.

(1) In lieu of a hearing, if, within 15 days of the notice, the respondent takes anyaction which may be available to cure all alleged violations, the complaint shall bedismissed in a signed order if the Commission finds such action is not contrary tothe purposes of the Cecil County Public Ethics Law.

(2) In preparation for the hearing, the respondent may use the subpoena power of theCommission.

(3) At the hearing, the Commission's counsel shall present to the Commission all theevidence available relating to the complaint. Said counsel may also recommend tothe Commission such disposition of the complaint as appears appropriate.

G. A final determination of a violation resulting from the hearing shall include findings offact and conclusions of law.

H. After a complaint is filed and until a final finding of a violation by the Commission, allactions regarding a complaint are confidential. Notwithstanding any other provision ofthe law to the contrary, upon the filing of a complaint, and unless and until a finding ofviolation has been made, the proceedings, meetings, and activities of the Commissionand its employees in connection with the complaint shall be conducted in a confidentialmanner. The Commission, its staff, counsel, the complainant and the respondent shall notdisclose any information relating to the complaint, including the identity of thecomplainant and the respondent, except that the Commission may release anyinformation at any time if the respondent has, in writing, agreed to said release.

I. A finding of a violation is public information.

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§ 39-10 ETHICS § 39-12

J. All orders, reprimands and recommendations issued by the Commission shall be signedby those members of the Commission taking part therein and in agreement therewith. Ifthere is a majority, concurring or dissenting action taken, those members in agreementwith the particular action taken shall sign such action.

K. The Commission may adopt additional policies and procedures related to complaints,complaint hearings, the use of independent investigators and staff, the use of witness anddocument subpoenas, and cure and settlement agreements.

L. For any purpose consistent with the intent of this chapter, the Commission has the powerto require and administer oaths and to subpoena persons, documents and objects. Thesesubpoenas may be judicially enforced.

M. If the respondent is aggrieved by a final order of the Commission, the respondent mayseek judicial review as provided in Title 7, Appellate and Other Review in the CircuitCourt, Chapter 200, of the Maryland Rules.

(1) Stay pending judicial review. The order is stayed automatically until the time forseeking judicial review has expired.

(2) The filing of a petition for judicial review:

(a) Does not automatically stay the enforcement of the order.

(b) Except as otherwise provided by law, the Commission or the reviewing courtmay stay the enforcement of the order, under terms it considers proper.

(c) Judicial relief for the Ethics Commission. The Commission may file apetition for injunctive or other relief in the Circuit Court for Cecil County forthe purpose of requiring compliance with the provisions of this chapter.

§ 39-11. Exemptions and modifications.

The Commission may grant exemptions to or modifications of the conflict of interest andfinancial disclosure provisions of this chapter to officials or employees serving as members ofCounty boards and commissions, when the Commission finds that the exemption ormodification would not be contrary to the purposes of this chapter, and the application of thischapter would:

A. Constitute an unreasonable invasion of privacy; and

B. Significantly reduce the availability of qualified persons for public service.

§ 39-12. Late fees.

The Commission may:

A. Assess a late fee of $2 per day, up to a maximum of $250, for a failure to timely file afinancial disclosure statement required under Article IV or V of this chapter; and

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B. Assess a late fee of $10 per day, up to a maximum of $250, for a failure to file a timelylobbyist registration or lobbyist report required under Article VI of this chapter.

ARTICLE IIIProhibited Conduct and Interests

§ 39-13. Participation restrictions.

A. Except as permitted by Commission regulation or opinion, an official or employee, asdefined in § 39-3 of this chapter, may not participate in:

(1) Except in the exercise of an administrative or ministerial duty that does not affectthe disposition or decision of the matter, any matter in which, to the knowledge ofthe official or employee, the official or employee, or a qualified relative of theofficial or employee, has an interest.

(2) Except in the exercise of an administrative or ministerial duty that does not affectthe disposition or decision with respect to the matter, any matter in which any ofthe following is a party:

(a) A business entity in which the official or employee has a direct financialinterest of which the official or employee may reasonably be expected toknow;

(b) A business entity for which the official or employee, or a qualified relative ofthe official or employee, is an officer, director, trustee, partner, or employee;

(c) A business entity with which the official or employee or, to the knowledge ofthe official or employee, a qualified relative is negotiating or has anyarrangement concerning prospective employment;

(d) A business entity that is a party to an existing contract with the official oremployee, or which, to the knowledge of the official or employee, is a partyto a contract with a qualified relative, if the contract reasonably could beexpected to result in a conflict between the private interests of the official oremployee and the official duties of the official or employee;

(e) An entity, doing business with the County, in which a direct financial interestis owned by another entity in which the official or employee has a directfinancial interest, if the official or employee may be reasonably expected toknow of both direct financial interests; or

(f) A business entity that:

[1] The official or employee knows is a creditor or obligee of the official oremployee, or a qualified relative of the official or employee, withrespect to a thing of economic value; and

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§ 39-13 ETHICS § 39-14

[2] As a creditor or obligee, is in a position to directly and substantiallyaffect the interest of the official or employee or a qualified relative ofthe official or employee.

B. A person who is disqualified from participating under Subsection A of this section shalldisclose the nature and circumstances of the conflict and may participate or act if:

(1) The disqualification leaves a body with less than a quorum capable of acting;

(2) The disqualified official or employee is required by law to act; or

(3) The disqualified official or employee is the only person authorized to act.

C. The prohibitions of Subsection A of this section do not apply if participation is allowedby regulation or opinion of the Commission.

§ 39-14. Employment and financial interest restrictions.

A. Except as permitted by regulation of the Commission when the interest is disclosed orwhen the employment does not create a conflict of interest or appearance of conflict, anofficial or employee may not:

(1) Be employed by or have a financial interest in any entity:

(a) Subject to the authority of the official or employee or the County agency,board, commission with which the official or employee is affiliated; or

(b) That is negotiating or has entered a contract with the agency, board, orcommission with which the official or employee is affiliated; or

(2) Hold any other employment relationship that would impair the impartiality orindependence of judgment of the official or employee.

B. The prohibitions of Subsection A of this section do not apply to:

(1) An official or employee who is appointed to a regulatory or licensing authoritypursuant to a statutory requirement that persons subject to the jurisdiction of theauthority be represented in appointments to the authority;

(2) Subject to other provisions of law, a member of a board or commission in regardto a financial interest or employment held at the time of appointment, provided thefinancial interest or employment is publicly disclosed to the appointing authorityand the Commission;

(3) An official or employee whose duties are ministerial, if the private employment orfinancial interest does not create a conflict of interest or the appearance of aconflict of interest, as permitted and in accordance with regulations adopted by theCommission; or

(4) Employment or financial interests allowed by regulation of the Commission if theemployment does not create a conflict of interest or the appearance of a conflict ofinterest or the financial interest is disclosed.

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§ 39-15. Post-employment limitations and restrictions.

A. A former official or employee may not assist or represent any party other than theCounty for compensation in a case, contract, or other specific matter involving theCounty if that matter is one in which the former official or employee significantlyparticipated as an official or employee.

B. Until the conclusion of the next regular session that begins after the elected officialleaves office, a former member of the Cecil County Council or the County Executivemay not assist or represent another party for compensation in a matter that is the subjectof legislative action.3

§ 39-16. Contingent compensation.

Except in a judicial or quasi-judicial proceeding, an official or employee may not assist orrepresent a party for contingent compensation in any matter before or involving the County.

§ 39-17. Use of prestige of office.

A. An official or employee may not intentionally use the prestige of office or public positionfor the private gain of that official or employee or the private gain of another.

B. This section does not prohibit the performance of usual and customary constituentservices by an elected official without additional compensation.

§ 39-18. Solicitation and acceptance of gifts.

A. An official or employee may not solicit any gift.

B. An official or employee may not directly solicit or facilitate the solicitation of a gift, onbehalf of another person, from an individual regulated lobbyist.

C. An official or employee may not knowingly accept a gift, directly or indirectly, from aperson that the official or employee knows or has the reason to know:

(1) Is doing business with or seeking to do business with the County office, agency,board or commission with which the official or employee is affiliated;

(2) Has financial interests that may be substantially and materially affected, in amanner distinguishable from the public generally, by the performance ornonperformance of the official duties of the official or employee;

(3) Is engaged in an activity regulated or controlled by the official or employee'sgovernmental unit; or

(4) Is a lobbyist with respect to matters within the jurisdiction of the official oremployee.


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§ 39-18 ETHICS § 39-19

D. Notwithstanding Subsection C of this section, an official or employee may accept thefollowing:

(1) Meals and beverages consumed in the presence of the donor or sponsoring entity;

(2) Ceremonial gifts or awards that have insignificant monetary value;

(3) Unsolicited gifts of nominal value that do not exceed $20 in cost, or trivial itemsof informational value;

(4) Reasonable expenses for food, travel, lodging, and scheduled entertainment of theofficial or employee at a meeting which is given in return for the participation ofthe official or employee in a panel or speaking engagement at the meeting;

(5) Gifts of tickets or free admission extended to an elected official to attend acharitable, cultural, or political event, if the purpose of this gift or admission is acourtesy or ceremony extended to the elected official's office;

(6) A specific gift or class of gifts that the Commission exempts from the operation ofthis section upon a finding, in writing, that acceptance of the gift or class of giftswould not be detrimental to the impartial conduct of the business of the Countyand that the gift is purely personal and private in nature;

(7) Gifts from a person related to the official or employee by blood or marriage, orany other individual who is a member of the household of the official or employee;or

(8) Honoraria for speaking to or participating in a meeting, provided that the offeringof the honorarium is not related in any way to the official's or employee's officialposition.

E. Exceptions. An official or employee may not accept a gift specified in Subsection D ofthis section if the gift:

(1) Would tend to impair the impartiality and the independence of judgment of theofficial or employee receiving the gift;

(2) Is of significant value that would give the appearance of impairing the impartialityand independence of judgment of the official or employee; or

(3) Is of significant value that the recipient official or employee believes or has reasonto believe is designed to impair the impartiality and independence of judgment ofthe official or employee.

§ 39-19. Disclosure of confidential information.

Other than in the discharge of official duties, an official or employee may not disclose or useconfidential information, that the official or employee acquired by reason of the official's oremployee's public position and that is not available to the public, for the economic benefit ofthe official or employee or that of another person.

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§ 39-20. Participation in procurement.

A. An individual or a person who employs an individual who assists a County agency orunit in the drafting of specifications, an invitation for bids, or a request for proposals fora procurement may not submit a bid or proposal for that procurement, or assist orrepresent another person, directly or indirectly, who is submitting a bid or proposal forthe procurement.

B. The Commission may establish exemptions from the requirements of this section forproviding descriptive literature, sole-source procurements, and written commentssolicited by the procuring agency.

ARTICLE IVFinancial Disclosure by Elected Officials and Candidates for County Office

§ 39-21. Applicability. [Amended 8-21-2012 by Ord. No. 2012-08]

This article applies to all elected officials and all candidates to be elected officials, andCounty department heads.

§ 39-22. Filing of statements. [Amended 8-21-2012 by Ord. No. 2012-08]

A. Except as provided in § 39-23 of this article, an elected official, candidate to be anelected official and County department head shall file the financial disclosure statementrequired under this section:

(1) On a form provided by the Commission;

(2) Under oath or affirmation; and

(3) With the Commission.

B. Deadlines for filing statements.

(1) An incumbent official shall file a financial disclosure statement annually no laterthan April 30 of each year for the preceding calendar year.

(2) An official who is appointed to fill a vacancy in an office for which a financialdisclosure statement is required and who has not already filed a financialdisclosure statement shall file a statement for the preceding calendar year within 30days after appointment.

(3) An individual who, other than by reasons of death, leaves an office for which astatement is required shall file a statement within 60 days after leaving the office.The statement shall cover:

(a) The calendar year immediately preceding the year in which the individual leftoffice, unless a statement covering that year has already been filed by theindividual; and

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§ 39-22 ETHICS § 39-24

(b) The portion of the current calendar year during which the individual held theoffice.

§ 39-23. Filing of statements by candidates for elected office.

A. Except an official who has filed a financial disclosure statement under another provisionof this article for the reporting period, a candidate to be an elected local official shall filea financial disclosure statement each year beginning with the year in which the certificateof candidacy is filed through the year of the election.

B. A candidate to be an elected local official shall file a statement required under thisarticle:

(1) In the year the certificate of candidacy is filed, no later than the filing of thecertificate of candidacy;

(2) In the year of the election (if the candidate filed a certificate of candidacy in aprevious year), on or before the earlier of April 30 or the last day for thewithdrawal of candidacy; and

(3) In all other years for which a statement is required, on or before April 30.

C. A candidate to be an elected official:

(1) May file the statement required under Subsection B(1) of this section with theCounty Clerk or Board of Election Supervisors with the certificate of candidacy orwith the Commission prior to filing the certificate of candidacy; and

(2) Shall file the statements required under Subsection B(2) and (3) of this sectionwith the Commission.

D. If a candidate fails to file a statement required by this article after written notice has beenprovided by the County Clerk or Board of Election Supervisors, the candidate is deemedto have withdrawn the candidacy.

E. The County Clerk or Board of Election Supervisors may not accept any certificate ofcandidacy unless a statement required under this article has been filed in proper form.

F. Within 30 days of the receipt of a statement required under this article, the County Clerkor Board of Election Supervisors shall forward the statement to the Commission, or anoffice designated by the Commission.

§ 39-24. Public record.

A. The Commission or office designated by the Commission shall maintain all financialdisclosure statements filed under this article.

B. The Commission or office designated by the Commission shall make financial disclosurestatements available during normal office hours, for examination and copying by the

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public, subject to reasonable fees and administrative procedures established by theCommission.

C. If an individual examines or copies a financial disclosure statement, the Commission orthe office designated by the Commission shall record:

(1) The name and home address of the individual reviewing or copying the statement;and

(2) The name of the person whose financial disclosure statement was examined orcopied.

D. Upon request by the individual whose financial disclosure statement was examined orcopied, the Commission or the office designated by the Commission shall provide theofficial or employee with a copy of the name and home address of the person whoreviewed the official's or employee's financial disclosure statement.

§ 39-25. Retention of statements.

The Commission or the office designated by the Commission shall retain financial disclosurestatements for four years from the date of receipt.

§ 39-26. Contents of statement.

A. Interests in real property.

(1) A statement filed under this article shall include a schedule of all interests in realproperty wherever located.

(2) For each interest in real property, the schedule shall include:

(a) The nature of the property and the location by street address, mailing address,or legal description of the property;

(b) The nature and extent of the interest held, including any conditions andencumbrances on the interest, not to include the amount of indebtedness onthe property, unless a creditor or lien holder does business with the Countyper Subsection C(2)(b) of this section;.

(c) The date when, the manner in which, and the identity of the person fromwhom the interest was acquired;

(d) The nature and amount of the consideration given in exchange for the interestor, if acquired other than by purchase, the fair market value of the interest atthe time acquired;

(e) If any interest was transferred, in whole or in part, at any time during thereporting period, a description of the interest transferred, the nature andamount of the consideration received for the interest, and the identity of theperson to whom the interest was transferred; and

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§ 39-26 ETHICS § 39-26

(f) The identity of any other person with an interest in the property.

B. Interests in corporations and partnerships.

(1) A statement filed under this article shall include a schedule of all interests in anycorporation, partnership, limited-liability partnership, or limited-liabilitycorporation, regardless of whether the corporation or partnership does businesswith the County.

(2) For each interest reported under this subsection, the schedule shall include:

(a) The name and address of the principal office of the corporation, partnership,limited-liability partnership, or limited-liability corporation;

(b) The nature and amount of the interest held, including any conditions andencumbrances on the interest;

(c) With respect to any interest transferred, in whole or in part, at any timeduring the reporting period, a description of the interest transferred, thenature and amount of the consideration received for the interest and, ifknown, the identity of the person to whom the interest was transferred; and

(d) With respect to any interest acquired during the reporting period:

[1] The date when, the manner in which, and the identity of the personfrom whom the interest was acquired; and

[2] The nature and the amount of the consideration given in exchange forthe interest or, if acquired other than by purchase, the fair market valueof the interest at the time acquired.

(3) An individual may satisfy the requirement to report the amount of the interest heldunder Subsection B(2)(b) of this section by reporting, instead of a dollar amount:

(a) For an equity interest in a corporation, the number of shares held and, unlessthe corporation's stock is publicly traded, the percentage of equity interestheld; or

(b) For an equity interest in a partnership, the percentage of equity interest held.

C. Interests in business entities doing business with the County.

(1) A statement filed under this article shall include a schedule of all interests in anybusiness entity that does business with the County, other than interests reportedunder Subsection B of this section.

(2) For each interest reported under this subsection, the schedule shall include:

(a) The name and address of the principal office of the business entity;

(b) The nature and amount of the interest held, including any conditions to andencumbrances on the interest;

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(c) With respect to any interest transferred, in whole or in part, at any timeduring the reporting period, a description of the interest transferred, thenature and amount of the consideration received in exchange for the interestand, if known, the identity of the person to whom the interest wastransferred; and

(d) With respect to any interest acquired during the reporting period:

[1] The date when, the manner in which, and the identity of the personfrom whom the interest was acquired; and

[2] The nature and the amount of the consideration given in exchange forthe interest or, if acquired other than by purchase, the fair market valueof the interest at the time acquired.

D. Gifts.

(1) A statement filed under this article shall include a schedule of each gift in excessof $20 in value or a series of gifts totaling $100 or more received during thereporting period from or on behalf of, directly or indirectly, any one person whodoes business with the County.

(2) For each gift reported, the schedule shall include:

(a) A description of the nature and value of the gift; and

(b) The identity of the person from whom, or on behalf of whom, directly orindirectly, the gift was received.

E. Employment with or interests in entities doing business with the County.

(1) A statement filed under this article shall include a schedule of all offices,directorships, and salaried employment by the individual or member of theimmediate family of the individual held at any time during the reporting periodwith entities doing business with the County.

(2) For each position reported under this subsection, the schedule shall include:

(a) The name and address of the principal office of the business entity;

(b) The title and nature of the office, directorship, or salaried employment heldand the date it commenced; and

(c) The name of each County agency with which the entity is involved asindicated by identifying one or more of the three categories of "doingbusiness," as defined in § 39-3 of this chapter.

F. Indebtedness to entities doing business with Cecil County.

(1) A statement filed under this article shall include a schedule of all liabilities,excluding retail credit accounts, to persons doing business with the County owed atany time during the reporting period:

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§ 39-26 ETHICS § 39-27

(a) By the individual; or

(b) By a member of the immediate family of the individual if the individual wasinvolved in the transaction giving rise to the liability.

(2) For each liability reported under this subsection, the schedule shall include:

(a) The identity of the person to whom the liability was owed and the date theliability was incurred;

(b) The amount of the liability owed as of the end of the reporting period;

(c) The terms of payment of the liability and the extent to which the principalamount of the liability was increased or reduced during the year; and

(d) The security given, if any, for the liability.

G. Employment with Cecil County. A statement filed under this article shall include aschedule of the immediate family members of the individual employed by the County inany capacity at any time during the reporting period.

H. Sources of earned income.

(1) A statement filed under this article shall include a schedule of the name andaddress of each place of employment and of each business entity of which theindividual or a member of the individual's immediate family was a sole or partialowner and from which the individual or member of the individual's immediatefamily received earned income, at any time during the reporting period.

(2) A minor child's employment or business ownership need not be disclosed if theagency that employs the individual does not regulate, exercise authority over, orcontract with the place of employment or business entity of the minor child.

I. A statement filed under this article may also include a schedule of additional interests orinformation that the individual making the statement wishes to disclose.

§ 39-27. Interests of person making statement.

For the purposes of § 39-26A, B and C of this chapter, the following interests are consideredto be the interests of the individual making the statement:

A. An interest held by a member of the individual's immediate family, if the interest was, atany time during the reporting period, directly or indirectly controlled by the individual.

B. An interest held by a business entity in which the individual held a 30% or greaterinterest at any time during the reporting period.

C. An interest held by a trust or an estate in which, at any time during the reporting period:

(1) The individual held a reversionary interest or was a beneficiary; or

(2) If a revocable trust, the individual was a settlor.

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§ 39-28. Review and enforcement.

A. The Commission shall review the financial disclosure statements submitted under thisarticle for compliance with the provisions of this article and shall notify an individualsubmitting the statement of any omissions or deficiencies.

B. The County Ethics Commission may take appropriate enforcement action to ensurecompliance with this article.

ARTICLE VFinancial Disclosure of Employees and Appointed Members of Board and Commissions

§ 39-29. Applicability. [Amended 8-21-2012 by Ord. No. 2012-08]

This article applies to the following County appointed officials and employees:

A. All appointed employees and PS positions Grade 4 and above and non-PS positionsGrade 7 and above whose duties include supervisory responsibilities or having input onagency policy, decision-making, procurement, or budgetary matters;

B. All members of boards and commissions appointed by the Cecil County government,including County Attorneys that represent boards, commissions, the County Council andthe County Executive.

C. All other employees, otherwise exempt from the filing requirements per Subsection A,who have, per Article III of this chapter, an actual, potential, or perceived conflict ofinterest, including the solicitation or receipt of gifts, that they would reasonably beexpected to know.

§ 39-30. Filing under oath.

A statement filed under this section shall be filed with the Commission under oath oraffirmation.

§ 39-31. Retroactive gift disclosure.

On or before April 30 of each year during which an official or employee holds office, thoseofficials and employees specified in § 39-29 of this article shall file a statement disclosinggifts received during the preceding calendar year from any person who contracts with or isregulated by Cecil County, including the name of the donor of the gift and the approximateretail value at the time or receipt.

§ 39-32. Advance disclosure of conflicts.

Those officials and employees specified in § 39-29 of this article shall disclose employmentand interests that raise conflicts of interest or potential conflicts of interest in connection witha specific proposed action by the employee or official sufficiently in advance of the action toprovide adequate disclosure to the public.

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§ 39-33 ETHICS § 39-38

§ 39-33. Retroactive disclosure of conflicts. [Amended 8-21-2012 by Ord. No. 2012-08]

A. In addition to the requirements specified in §§ 39-31 and 39-32 of this article, thoseemployees meeting the definition in § 39-29A of this article shall be required to disclose,on an annual basis for the preceding calendar year, the information specified in § 39-26of this chapter only with respect to those interests, gifts, compensated positions, andliabilities that may create a conflict, as provided in Article III of this chapter, betweenthe employee's personal interests and the employee's official local duties.

B. An official or employee shall file a statement required under §§ 39-31 and 39-33 of thisarticle not later than April 30 of each calendar year during which the official oremployee holds office.

§ 39-34. Maintenance of statements.

The Commission shall maintain all disclosure statements filed under this article as publicrecords available for public inspection and copying as provided in §§ 39-24 and 39-25 of thischapter.

§ 39-35. Additional requirements.

All County employees and officials are subject to the prohibited conduct provisions specifiedin Article III of this chapter as well as the complaint provisions, procedures, and penaltiesspecified in Article II of this chapter, whether or not subject to filing requirements.

ARTICLE VILobbying

§ 39-36. Applicability.

A person shall file a lobbying registration statement with the Commission if the person:

A. Personally appears before a County official or employee with the intent to influence thatperson in the performance of the official duties of the official or employee; and

B. In connection with the intent to influence expends or reasonably expects to expend in agiven calendar year in excess of $100 on food, entertainment or other gifts for officialsor employees of County.

§ 39-37. Filing deadline.

A person shall file registration statement required under this article on or before the latter ofJanuary 31 of the calendar year or within five days after first performing an act that requiresregistration in the calendar year.

§ 39-38. Registration statement.

A. The registration statement shall identify:

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(1) The registrant;

(2) Any other person on whose behalf the registrant acts; and

(3) The subject matter on which the registrant proposes to make appearances specifiedin § 39-36 of this article.

B. The registration statement shall cover a defined registration period not to exceed onecalendar year.

§ 39-39. Disclosure requirements.

Within 31 days after the end of any calendar year during which a person was registered underthis article, the person shall file a report with the Commission disclosing:

A. The value, date, and nature of any food, entertainment or other gift provided to a Countyofficial or employee; and

B. If a single gift in excess of $20 in value or a series of gifts totaling $50 or more is givento a single official or employee, the identity of the official or employee.

§ 39-40. Maintenance of registrations and reports.

The Commission shall maintain the registrations and reports filed under this article as publicrecords available for public inspection and copying for four years after receipt by theCommission.

ARTICLE VIIEnforcement

§ 39-41. Authorized enforcement actions.

A. Upon finding a violation of any provisions of this chapter, the Commission may:

(1) Issue an order of compliance directing the respondent to cease and desist from theviolation;

(2) Issue a reprimand;

(3) Recommend to the appropriate authority disciplinary or other personnel action,including censure, dismissal, suspension, and suspension of salary or othercompensation of the respondent if that discipline is authorized by law; or

(4) Refer the matter to the State's Attorney's Office for criminal prosecution.

B. If the Commission finds that a respondent has violated Article VI of this chapter, theCommission may:

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§ 39-41 ETHICS § 39-44

(1) Require a respondent who is a registered lobbyist to file any additional reports orinformation that reasonably related to the information that is required under ArticleVI of this chapter;

(2) Impose a fine not exceeding $5,000 for each violation; and

(3) Suspend the registration of an individual registered lobbyist if the Commissionfinds that the lobbyist has knowingly and willfully violated Article VI of thischapter or has been convicted of a criminal offense arising from lobbyingactivities.

§ 39-42. Injunctive or other relief.

Upon request of the Commission:

A. The County Attorney may file a petition for injunctive or other relief in the Circuit Courtof Cecil County, or in any other court having proper venue for the purpose of requiringcompliance with the provisions of this chapter.

B. The court may:

(1) Issue an order to cease and desist from the violation;

(2) Except as provided in Subsection C of this section, void an official action taken byan official or employee with a conflict of interest prohibited by this chapter whenthe action arises from or concerns the subject matter of the conflict and if the legalaction is brought within 90 days of the occurrence of the official action, if thecourt deems voiding the action to be in the best interest of the public; or

(3) Impose a fine of up to $5,000 for any violation of the provisions of this chapter,with each day upon which the violation occurs constituting a separate offense.

C. A court may not void any official action appropriating public funds, levying taxes, orproviding for the issuance of bonds, notes, or other evidences of public obligations.

§ 39-43. Lobbying violations.

A. Any person who knowingly and willfully violates the provisions of Article VI of thischapter is guilty of a misdemeanor and, upon conviction, is subject to a fine of not morethan $1,000 or imprisonment for not more than one year, or both.

B. If the person is a business entity and not a natural person, each officer and partner of thebusiness entity who knowingly authorized or participated in the violation is guilty of amisdemeanor and, upon conviction, is subject to the same penalties as the business entity.

§ 39-44. Additional enforcement actions.

In addition to any other enforcement provisions in this chapter, a person who the Commissionor a court finds has violated this chapter:

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A. Is subject to termination or other disciplinary action; and

B. May be suspended from receiving payment of salary or other compensation pending fullcompliance with the terms of an order of the Commission or a court.

§ 39-45. Maintenance of records.

A. A person who is subject to the provisions of this chapter shall obtain and preserve allaccounts, bills, receipts, books, papers, and documents necessary to complete andsubstantiate a report, statement, or record required under this chapter for three years fromthe date of filing the report, statement, or record.

B. These papers and documents shall be available for inspection upon request by theCommission or the County after reasonable notice.

§ 39-46. Falsifying filed statements.

In addition to the other violations set forth herein, it shall be a violation of this chapter tofalsify any statement, complaint or document required to be filed by this chapter or under therules of procedure adopted pursuant hereto.

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Chapter 45

FINANCE AND TAXATION § 45-1. Collection of taxes. § 45-2. Taxes to be deducted from claims

paid.

[HISTORY: Adopted as indicated in text (Ch. 34, §§ 34-13 and 34-14, of the 1990 Codeof Public Local Laws). Amendments noted where applicable.]

GENERAL REFERENCES

Taxation — See Ch. 337.

§ 45-1. Collection of taxes. [1961 Code, § 137; 1963, ch. 94, § 1; 1970 Code, Sec. 9-13;1977, ch. 630, § 2; 1986, ch. 148, § 1; 1988, ch. 227, § 2; 1989, ch. 302, § 1; 1992, ch. 214,§ 1; 1992, ch. 234, § 1; 2000, ch. 82, § 1; 2-15-2000 by Ord. No. 2000-1; 3-7-2006; 2010,ch. 603, § 1]

A. Taxes are due and payable in accordance with Title 10, Subtitles 1 and 2, of theTax-Property Article of the Annotated Code of Maryland. Immediately after December 1,the Director of Finance shall send notice of all unpaid accounts, showing the amount ofthe assessment, the taxes due, and the charges that have been added. The notice shallwarn the delinquent that unless settlement in full is made before the next March 1, theproperty so assessed will be advertised and sold according to the provisions of thissection and Part III of Title 14, Subtitle 8, of the Tax-Property Article of the AnnotatedCode of Maryland.

B. Immediately after the levy is made, the Director of Finance shall make out the bill ofeach taxpayer and shall forward the bill by mail or otherwise to the person, or theperson's agent, to whom taxes have been assessed. On March 1 of each year, the Directorof Finance shall make a list by election districts, in their numerical order, of taxes dueand in arrears. The list shall contain the name of each person or body corporate assessedwith property on which taxes are due and in arrears, a brief description of the property,real and personal, and references to conveyances or another description that identifiesreal property, and the amount of the tax levied and in arrears, with the interest and coststhat will accrue through the day of sale. A notice shall be attached to the list stating thatif the taxes are not paid on or before the first Monday in June, together with the interestaccrued and the proportional cost of advertising and fees, the Director of Finance willproceed at 10:00 a.m. on the first Monday in June, at the County administration building,to offer each parcel of land or the personal property for sale to the highest bidder forcash. The list and notice shall be published four times, once a week for four successiveweeks prior to the first Monday in June in one or more newspapers having a generalcirculation in the County. On the first Monday in June, the Director of Finance shall, atthe hour and places named in the advertisement, proceed to sell the parcels of land andthe personal property, beginning with the first on the list and so on in order. The saleshall continue each secular day, legal holidays excepted, from 10:00 a.m. until 4:30 p.m.

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until each property has been offered. If the Director of Finance, by reason of illness orother disability, is unable to conduct the sale, then a deputy appointed by the Director ofFinance shall conduct the sale and make the affidavit to the report of sales as providedfor by law.

C. The Director of Finance, in and about the collection of delinquent taxes, shall have allthe powers and authority of a collector of taxes under the Annotated Code of Maryland;and should the Director of Finance deem it impracticable to sell personal property liablefor taxes at the time and place aforesaid, then he may advertise and sell said personalproperty under the power and authority conferred upon collectors of taxes by theTax-Property Article of the Annotated Code of Maryland, provided that the Director ofFinance shall proceed with such sales as soon as possible after the first Monday in June,as named in this section.

D. The Director of Finance is not entitled to any commission on the amount of sales madeby him in pursuance of the provisions of this section.

E. Property sold for taxes may be redeemed as provided by the Annotated Code ofMaryland upon the payment of the taxes, with interest, costs of advertising, and actualexpenses of sale.

F. The Director of Finance, in and about the collection of delinquent taxes, shall haveauthority to employ such counsel as may be necessary, and if provided in the annualbudget, to advise and assist the Director of Finance.1

G. Delinquent taxes, interest due on the taxes and any costs or penalties due and owing onor after May 1 of each year shall be paid by cash, cashier's check, certified check, moneyorder or credit card as honored by the County.

H. Upon payment in full of a County property tax bill in the month of July, and on the firstsemiannual installment payment of a County property tax bill in the month of July, thereshall be a discount of 2% of said bill, and upon payment in full of a County property taxbill in the month of August, and on the first semiannual installment payment of a Countyproperty tax bill in the month of August, there shall be a 0% discount in the amount ofthe property tax.

§ 45-2. Taxes to be deducted from claims paid. [1961 Code, § 138; 1970 Code, Sec. 9-14]

The Director of Finance of Cecil County shall not pay any claim against said County withoutfirst deducting from the amount thereof all and every sum or sums due or owing to saidCounty for taxes or otherwise by the holder of said claim, and no assignment of such claim toavoid such deduction shall be valid.


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Chapter 49

FIRE COMPANIES, VOLUNTEER § 49-1. Maintenance and operation § 49-2. Vehicle signal devices. appropriations. § 49-3. Annual financial statements.


§ 49-1. Maintenance and operation appropriations. [1961 Code, § 118; 1963, ch. 825,§ 11; 1965, ch. 77, § 1; 1966, ch. 80, § 1; 1968, ch. 215, § 1; 1969, ch. 61, § 1; 1970 Code,Sec. 1-10; 1988, ch. 227, § 2; 1988, ch. 482, § 1; 2002, ch. 64, § 1]

A. The County shall levy on the assessable property in Cecil County, annually, the sumequivalent to $0.024 per $100 of assessed valuation of taxable property within theCounty for the purpose of assisting in the maintenance and operation of nine volunteerfire or fire and ambulance companies in Cecil County.

B. The levy shall be made June 1 and the sum of money to be paid by the County to eachvolunteer fire or fire and ambulance company shall be paid on or before September 1 ofthe fiscal year for which levied.

C. Amount.

(1) The sum of $29,600 shall be allocated among the nine volunteer fire companies asfollows:

(I) Cecilton Fire Company, Inc. $3,100

(II) Charlestown Fire Company, Inc. $3,000

(III) Chesapeake City Fire Company $3,200

(IV) Community Fire Company of Perryville $2,900

(V) Hack's Point Fire Company $2,400

(VI) North East Fire Company $3,600

(VII) Rising Sun Fire Company $3,600

(VIII) Singerly Fire Company of Elkton $4,200

(IX) Water Witch Fire Company at Port Deposit $3,600

(2) The sum of $9,000 shall be allocated to support ambulance service as follows:

(I) Cecilton Fire Company, Inc. $1,000

(II) Charlestown Fire Company, Inc. $1,000

(III) Chesapeake City Fire Company $1,000

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(IV) Community Fire Company of Perryville $1,000

(V) Hack's Point Fire Company $1,000

(VI) North East Fire Company $1,000

(VII) Rising Sun Fire Company $1,000

(VIII) Singerly Fire Company of Elkton $1,000

(IX) Water Witch Fire Company at Port Deposit $1,000

D. Allocation.

(1) The amount equivalent to $0.02 per $100 of assessed valuation of taxable propertyin the County minus the $38,600 required in Subsection C of this section shall beallocated among the nine volunteer fire companies in the exact proportion whichthe assessed valuation of taxable property within the district served by eachvolunteer fire company bears to the assessed valuation of taxable property withinthe County.

(2) The district served by each volunteer fire company shall be determined by theCecil County Firemen's Association and the assessed valuation of taxable propertywithin each district shall be certified by the Supervisor of Assessments for CecilCounty based on the date of finality prior to the fiscal year in which thedistribution is to be made.

E. The sum equivalent to $0.004 per $100 of assessed valuation of taxable property in theCounty shall be distributed by the County to the nine volunteer fire or fire andambulance companies in equal allocations.

F. In order to be eligible for any of the funds provided for in this section, each of the ninevolunteer fire or fire and ambulance companies named herein shall meet the minimumspecifications and standards approved by the Cecil County Firemen's Association.

G. Each volunteer fire or fire and ambulance company shall file, annually with the County,a statement of:

(1) The fair value of the company's fire-fighting apparatus;

(2) The fair value of the company's ambulance;

(3) The number of fires and other emergencies to which the respective company wascalled;

(4) The estimated value of the property in which the fires occurred; and

(5) The estimated loss to the property caused by the fires.

§ 49-2. Vehicle signal devices. [1979, ch. 661, § 1]

The Fire Chief, his two Chief Deputies or his designated First and Second Chief Assistants ofeach volunteer fire company in Cecil County may have their vehicles equipped with amberlights or signal devices designed to emit an oscillating, rotating, blinking, or other type of

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§ 49-2 FIRE COMPANIES, VOLUNTEER § 49-3

emission of light. The lights or signal devices may be flashed or oscillated or otherwise usedonly while on route to or at the scene of an accident, flood or other emergency to which thevolunteer fire company is responding.

§ 49-3. Annual financial statements. [1961 Code, § 119; 1970 Code, Sec. 1-11; 1988, ch.277, § 2]

Each of said volunteer companies is hereby required to file at the end of each calendar yearwith the County a financial statement showing how the sums of money so paid to each ofthem shall have been expended, said statements to be filed on or before the first day of Marchof the year following, and no payments as hereinbefore provided shall be made in the eventsuch statement is not filed; provided, however, that the County shall make no payment to anyfire company organized after June 1, 1947, unless such company shall apply to the Countyand receive the approval of the County for its organization.

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Chapter 56

INVESTMENT POLICY § 56-1. Policy. § 56-8. Diversification of investments.

§ 56-2. Scope. § 56-9. Collateralization.

§ 56-3. Prudence; responsibility. § 56-10. Safekeeping and custody.

§ 56-4. Objectives. § 56-11. Internal controls.

§ 56-5. Delegation of authority. § 56-12. Performance standards.

§ 56-6. Ethics and conflicts of interest. § 56-13. Reporting requirements.

§ 56-7. Authorized financial institutions § 56-14. Investment policy adoption; and dealers. review and modification.

[HISTORY: Adopted by the Board of County Commissioners (now County Council) ofCecil County 10-5-1999. Amendments noted where applicable.]

GENERAL REFERENCES

Ethics — See Ch. 39.

§ 56-1. Policy.

It is the policy of Cecil County, Maryland (hereinafter referred to as "the County"), to investpublic funds in a manner which will conform to all State of Maryland and County statutesgoverning the investment of public funds by providing maximum security of those funds, andmeeting the daily cash flow demands of the County while seeking the highest investmentreturn. This policy prohibits the borrowing of money for the sole purpose of investment. Theinvestment manager is required to use competitive purchasing practices, except whereimpractical.

§ 56-2. Scope.

A. Investment of County funds will comply with Article 95, § 22, of the Annotated Code ofMaryland and § 6-222 of the State Finance and Procurement Article of the AnnotatedCode of Maryland, as amended. Statutes authorize the County to:

(1) Invest, redeem, sell, exchange and reinvest all unexpended or surplus money inany fund or account of which the County has custody or control in the following:

(a) An obligation for which the United States has pledged its faith and credit forthe payment of the principal and interest;

(b) An obligation that a federal agency or a federal instrumentality has issued inaccordance with an act of Congress;

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(c) A repurchase agreement collateralized in an amount not less than 102% ofthe principal amount by an obligation of the United States, its agencies orinstrumentalities, provided that the collateral is held by a custodian other thanthe seller designated by the buyer;

(d) Bankers' acceptances guaranteed by a financial institution with a short-termdebt rating in the highest letter and numerical rating by at least one nationallyrecognized statistical rating organization as designated by either the UnitedStates Securities and Exchange Commission or the Director of Finance;

(e) With respect to amounts treated by the Internal Revenue Service as bond saleproceeds only, bonds, notes or other obligations of investment grade in thehighest quality letter and numerical rating by at least one nationallyrecognized statistical rating organization, as designated by either the UnitedStates Securities and Exchange Commission issued by or on behalf of this orany other state or any agency, department, County, municipal or publiccorporation, special district, authority or political subdivision thereof, or inany fund or trust that invests only in securities of the type described in thissubsection;

(f) Commercial paper that has received the highest letter and numerical rating byat least one nationally recognized statistical rating organization, as designatedby the United States Securities and Exchange Commission, provided thatsuch commercial paper may not exceed 5% of the total investments made bythe County under this subsection;

(g) Money market mutual funds registered with the Securities and ExchangeCommission under the Investment Company Act of 1940, 15 U.S.C. § 80(A),as amended, and operated in accordance with Rule 2A-7 of the InvestmentCompany Act of 1940, 17 CFR 270.2A-7, as amended, and that havereceived the highest possible rating from at least one nationally recognizedstatistical rating organization as designated by the United States Securitiesand Exchange Commission;

(h) Any investment portfolio created under the Maryland Local GovernmentInvestment Pool, defined under the Annotated Code of Maryland, Article 95,§ 22G, that is administered by the Office of the State Treasurer; or

(2) Deposit moneys in any bank or banks in the State of Maryland, anysavings-and-loan association(s), any building-and-loan association(s) and the LocalGovernment Investment Pool.1

B. This investment policy is written as a guide to shorter-term cash management practicesand is not intended for longer-term cash management programs, such as a pension fund.The financial assets, cash and investment of all funds of the County are subject to thesepolicies and procedures. These funds are accounted for in the County's ComprehensiveAnnual Financial Report and include:


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§ 56-2 INVESTMENT POLICY § 56-4

(1) The general fund.

(2) Special revenue funds.

(3) Debt service funds.

(4) Capital project funds (including bond funds).

(5) Enterprise funds.

(6) Internal service funds.

(7) Any new funds created by County ordinance.

§ 56-3. Prudence; responsibility.

A. The standard of prudence to be applied by the investment manager shall be the "prudentperson rule," which states that ". . .investments shall be made with judgment and care,under circumstances then prevailing, which persons of prudence, discretion andintelligence exercise in the management of their own affairs, not for speculation, but forinvestment, considering the probable safety of their capital as well as the probableincome to be derived." The prudent person rule shall be applied in the context ofmanaging the overall portfolio.

B. The investment manager, acting in accordance with written procedures using theinvestment policy and exercising due diligence, shall not be held personally responsiblefor an individual security's credit risk or market price changes, provided that deviationsfrom expectations are reported in a timely fashion and the appropriate action is taken tocontrol adverse developments.

§ 56-4. Objectives.

The primary objectives, in priority order, of the County's investment activities shall be asfollows:

A. Legality. All investments will be in compliance with all applicable State of Marylandstatutes governing the investment of public funds and will comply with the Code of CecilCounty, Maryland.2

B. Safety. Safety of principal is the foremost objective of the investment program.Investments of the County shall be undertaken in a manner that seeks to ensure thepreservation of capital in the overall portfolio. To attain this objective, the County willmaintain appropriate diversification of investments and financial institutions.

C. Liquidity. The County's investment portfolio will remain sufficiently liquid to enable theCounty to meet all operating requirements which might be reasonably anticipated.


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D. Yield. The County's investment portfolio shall be designed with the objective of attaininga rate of return appropriate during budgetary and economic cycles, considering theCounty's investment risk constraints and the cash flow characteristics of the portfolio.

§ 56-5. Delegation of authority.

A. Authority to manage the County's investment program is derived from state law (Article95 of the Annotated Code of Maryland and Title 6 of the State Finance and ProcurementArticle of the Annotated Code of Maryland, as amended) and the Code of Cecil CountyMaryland.

B. The Director of Finance shall develop and maintain written administrative procedures forthe operation of the investment program consistent with this investment policy. Suchprocedures shall include:

(1) Explicit delegation of authority to person responsible for investment transactions.No person may engage in an investment transaction except as provided under theterms of this policy and the procedures established by the Director of Finance.

(2) Procedures should include reference to safekeeping, repurchase agreements, wiretransfer agreements, delivery versus payment, investment accounting, collateraldepository agreements and banking service agreements.

(3) The Director of Finance shall be responsible for all transactions undertaken andshall establish a system of controls to regulate the activities of any person engagedin investment program operations.

§ 56-6. Ethics and conflicts of interest. 3

Officials and employees involved in the investment process shall refrain from personalbusiness activity that could conflict with proper execution of the investment program or whichcould impair their ability to make impartial investment decisions. Employees and investmentofficials shall disclose to the County and to the Ethics Board any material financial interest infinancial institutions that conduct business within this jurisdiction, and they shall furtherdisclose any large personal financial/investment positions that could be related to theperformance of the County's portfolio. Employees and officers shall subordinate their personalinvestment transactions to those of the County, particularly with regard to the time ofpurchases and sales.

§ 56-7. Authorized financial institutions and dealers.

A. The Director of Finance shall maintain a listing of financial institutions authorized toprovide investment services. The following is a breakdown of the types of institutionsdealt with by the County along with the types of investment transactions handled bythose institutions:


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(1) Primary government dealers. The Federal Reserve Bank of New York designatesprimary government dealers in government securities. The County can purchase allauthorized and suitable investments as listed in § 56-2 of this chapter, except forcertificates of deposit, from primary government dealers. All repurchaseagreements (repo's) entered with the County will be with primary governmentdealers, with the exception of any repo's executed with the County's leaddepository bank.

(2) Other security dealers. The County may purchase United States governmentsecurities, United States government agency securities, and bankers' acceptancesfrom dealers other than primary government dealers and from dealer banks whichmarket these securities.

(3) Commercial banks. The County can only invest in banks located in the State ofMaryland (certificates of deposit), with the exception of bankers' acceptanceswhich are discussed in § 56-2 of this policy. Commercial banks must have ashort-term rating of at least investment grade from the appropriate bank ratingagencies. All banks shall provide their most recent consolidated report of conditionat the request of the County. The County shall conduct an annual evaluation ofeach bank's creditworthiness to determine whether it should be on the qualifiedinstitution listing.

(4) Money market mutual funds. The fund must be composed only of obligationsissued or guaranteed as to principal and interest by the United States governmentand of repurchase agreements fully collateralized by United States governmentobligations. The management company of the fund must take delivery of thecollateral either directly or through an authorized custodian.

(5) The County is also authorized to invest in the Maryland Local GovernmentInvestment Pool.

B. All financial institutions and broker/dealers who desire to become qualified bidders forinvestment transactions must supply the Director of Finance with the following:

(1) A copy of the most recent audited financial statements. The firm must also haveadequate capital to fulfill its commitments under adverse market conditions. Themost current annual audited financial statement must be on file with the County inorder to be an authorized financial dealer or institution.

(2) The firm must be registered in the State of Maryland with a record for responsiblebusiness practices and professional integrity. The dealer must also provideadequate research facilities and market-related information.

(3) The County will deal only through knowledgeable and experienced representatives.The firm will provide a reference list of other governments that buy and sellsecurities through its firm, proof of National Association of Security Dealers'certification and a trading resolution.

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§ 56-8. Diversification of investments. [Amended 5-17-2011 by Ord. No. 2011-07]

The County will diversify to avoid incurring unreasonable risk inherent in overinvesting inspecific instruments, individual financial institutions or maturities.

A. Diversification by instrument. (Note: See Default Risk and Liquidity Scales, Exhibits Dand E.4

Maximum Percent ofInstrument PortfolioU.S. Treasury obligations 100%

U.S. government agency and U.S. government-sponsored 100%instrumentalities

Repurchase agreements (master repurchase agreement 100%required)

Maryland Local Government Investment Pool 100%

Collateralized, nonnegotiable certificates of deposit (only 80%Maryland commercial banks)

Bankers' acceptances (from domestic banks which also 40%include the United States affiliates of large internationalbanks; short-term rating of A1 from Standard and Poor'sCorporation and P1 from Moody's Investor Service)

Money market mutual funds (with highest possible rating 60%from at least one nationally recognized statistical ratingorganization)

Commercial paper (must have a minimum of an A1/P1 5%rating by at least one nationally recognized rating agency)

B. Diversification of maturities.

(1) In order to meet the objectives of the County's investment activities as listed in§ 56-4 of this policy, the majority of the investments of the County will be on ashort-term basis. However, a portion of the portfolio can contain investments withlonger maturities (up to five years) without jeopardizing adequate safety andliquidity standards of the portfolio and at the same time increasing the overall yieldof the portfolio. The investments in long-term maturities will be limited to directfederal government obligations and to securities issued by United Statesgovernment agencies. The length of maturity of the security will not exceed fiveyears from the time of the County's purchase.5

(2) The maximum level of long-term investments in the portfolio is determined by thefollowing method: The Director of Finance will perform an analysis of theinvestment portfolio for the last three years to determine the investment balance

4. Editor's Note: Exhibits D and E are on file in the County offices.)


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low point for each of those years. An average low balance amount will then becomputed for the three-year period. The maximum level of long-term investmentswill be set at 30% of this average. A low balance average will be performed at theend of each fiscal year. If the amount of long-term investments exceeds thethirty-percent maximum, then no new investments can be purchased in the ensuingfiscal year.

§ 56-9. Collateralization.

A. Collateralization will be required on two types of investments: certificates of deposit andrepurchase (and reverse repurchase) agreements. In order to anticipate market changesand provide a level of security of all funds, the collateralization level will be at least102% of the market value of principal and accrued interest.

B. Collateral will be held by an independent third party with whom the County has a currentcustodial agreement.

C. Acceptable collateral is specified under § 6-202 of the State Finance and ProcurementArticle of the Annotated Code of Maryland. However, the third party trust custodian whoholds the collateral has the right to reject otherwise acceptable collateral based on itsdiscretion concerning market conditions.

D. The right of collateral substitutions is granted, and all associated costs will be paid by theseller (financial institution).

§ 56-10. Safekeeping and custody.

All security transactions, including collateral for repurchase agreements, entered into by theCounty shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be heldby a third-party custodian designated by the Director of Finance. All repurchase agreementswill be governed by a master repurchase agreement (public securities associations, asamended) signed by the appropriate officials of the County and the primary governmentdealer.

§ 56-11. Internal controls.

The Director of Finance is responsible for establishing and maintaining an internal controlstructure designed to ensure that the invested assets of the entity are protected from loss, theftor misuse. The internal control structure shall be designed to provide reasonable assurancethat these objectives are being met, while recognizing that the cost of a control should notexceed the benefits likely to be derived; and the valuation of costs and benefits requiresestimates and judgments by management. Accordingly, the Director of Finance shall establisha process for annual independent review by an external auditor to assure compliance withpolicies and procedures. The internal controls shall address the following points:

A. Control of collusion. Collusion is a situation where two or more employees are workingin conjunction to defraud their employer.

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B. Separation of transaction authority from accounting and recordkeeping. By separating theperson who authorizes or performs the transaction from the people who record orotherwise account for the transaction, a separation of duties is achieved.

C. Custodial safekeeping. Securities purchased from any bank or dealer, includingappropriate collateral (as defined by state law), shall be placed with an independent thirdparty for custodial safekeeping.

D. Avoidance of physical delivery securities. Book entry securities are much easier totransfer and account for since actual delivery of a document never takes place. Deliveredsecurities must be properly safeguarded against loss or destruction. The potential forfraud and loss increases with physical delivery securities.

E. Clear delegation of authority to subordinate staff members. Subordinate staff membersmust have a clear understanding of their authority and responsibilities to avoid improperactions. Clear delegation of authority also preserves the internal control structure that iscontingent on the various staff positions and their respective responsibilities.

F. Written confirmation of telephone transactions for investments and wire transfers. Due tothe potential for error and improprieties arising from telephone transactions, all telephonetransactions should be supported by written communications and approved by theappropriate person. Written communications may be via fax if on letterhead and thesafekeeping institution has a list of authorized signatures.

§ 56-12. Performance standards.

The investment portfolio will be managed in accordance with the parameters specified withinthis policy. The portfolio should obtain a market average rate of return during amarket/economic environment of stable interest rates. Portfolio performance will be comparedto appropriate benchmarks on a regular basis.

§ 56-13. Reporting requirements.

The Director of Finance shall generate monthly reports for inclusion in the monthly Directorof Finance's cash report. The investment reports will include data on investment instrumentsbeing held, performance and interest earnings.

§ 56-14. Investment policy adoption; review and modification.

The County's investment policy shall be adopted by resolution of the Cecil County Council.The policy shall be reviewed annually by the Director of Finance, and any modificationsmade thereto must be approved by the Cecil County Council.

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Chapter 60

JAIL, COUNTY

ARTICLE I ARTICLE IICosts and Records Medical Bills

§ 60-1. Maintenance costs. § 60-3. Obligation to pay bills.

§ 60-2. Records of prisons; claims against County by Sheriff.


ARTICLE ICosts and Records


§ 60-1. Maintenance costs. [1961 Code, § 439; 1970 Code, Sec. 1-4; 1982, ch. 898; 1988,ch. 227, § 2]

It shall be the duty of the County to pay for all supplies and provisions necessary, in thejudgment of the County, for the support and maintenance of all persons committed to the jail,said supplies and provisions to be purchased by the Sheriff and placed at said jail. The billsfor the same shall be presented by the Sheriff to the County for approval and payment, andthe County shall determine the amount to be expended by the Sheriff per day for eachprisoner actually committed to the jail of said County. The Sheriff shall not exceed suchallowance without the approval of the County. The County shall furnish all fuel and lightneeded for said jail. The Sheriff shall have the authority and power to appoint an Attorney tothe Sheriff, a cook to serve at the jail and such other assistants, with the approval of theCounty, as may be necessary in an emergency, said cook and assistants to be paid such salaryas the County directs. The Attorney to the Sheriff shall be paid such amounts and at suchtimes as may be approved by the County. The County shall include in the tax levy each year asufficient amount to pay for the cost of food and the compensation to the cook and Attorney.

§ 60-2. Records of prisons; claims against County by Sheriff. [1961 Code, § 440; 1970Code, Sec. 1-5; 1988, ch. 227, § 21 ]

It shall be the duty of the Sheriff to keep a correct and full statement or schedule of allpersons committed to the jail, showing the length of time and the charge upon which they arecommitted, and the name of the officer , which statement or schedule, together with all books,papers and commitments kept by him pertaining to prisoners in the jail, shall at all times beopen to inspection by County officials or employees. At the first meeting of the Council ineach month, the Sheriff shall make to the Council, under oath, a full and complete report of


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all persons confined in the jail, with a statement of the length of time, the offense for whichthey are committed and the name of the officer by whom they were committed. The samesums of money hereinbefore authorized to be levied and paid the Sheriff shall be in full of allclaims of said Sheriff against Cecil County for his care, labor, responsibility and expense indischarging the duties of his office, including the keeping safely in jail of prisoners committedto his custody, supplying to said prisoners the provisions furnished for them, by the County,properly cooked and served in a proper and sanitary condition as hereinbefore provided, andkeeping the jail in a clean and tidy condition. The County shall not pay said Sheriff for anyservice he may render in the discharge of his official duties any further or other compensationand shall not be in any way liable for any fees now or which may hereafter be allowed saidSheriff by law, or for any further compensation than that as above provided.

ARTICLE IIMedical Bills

[Adopted by the Board of County Commissioners (now County Council) 2-25-1969]

§ 60-3. Obligation to pay bills.

Any person sentenced and incarcerated in the County jail on the live-in, work-out programwill be obligated to pay all medical and hospital bills incurred by the prisoner not related tohis incarceration or caused by the Sheriff or his employees, and the same will be withheld bythe probation office in the same manner as keep and support.

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Chapter 66

MEETINGS, OPEN PUBLIC § 66-1. Applicability. § 66-4. Records.

§ 66-2. Open meetings required. § 66-5. Violations and penalties.

§ 66-3. Exceptions.

[HISTORY: Adopted 1970, ch. 708, § 1 (Ch. 53, Art. I, of the 1990 Code of Public LocalLaws). Amendments noted where applicable.]

GENERAL REFERENCES

Authorities, association and agencies — See Ch. 10. County Council — See Ch. 21.Boards, committees and commissions — See Ch. 16. Ethics — See Ch. 39.


This article applies to any legislative or administrative body of Cecil County or anysubdivision thereof, including any board, commission, authority, council, agency, committee,or other organization supported in whole or in part by public funds, or authorized to spendpublic funds, and also includes subcommittees or other subordinate groups of these bodies.

§ 66-2. Open meetings required.

Except as otherwise provided by law or specified in this article, all meetings of bodies subjectto this article at which there is a collective decision by a majority of the members of the body,or an actual vote by a majority of the members of the body upon a motion, proposedresolution, order or ordinance shall be open to the public.


The following are exempted from the provisions of this article:

A. Grand and petit juries.

B. Parole and pardon boards.

C. Investigatory files compiled for law enforcement purposes except to the extent availableby law to a party other than an agency.

D. Personnel and medical files and similar files the disclosure of which would constitute anunwarranted invasion of personal privacy.

E. Trade secrets and commercial or financial information obtained from a person andprivileged or confidential.

F. Other bodies and records specifically exempted from disclosure by statute.

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G. Volunteer fire companies.

§ 66-4. Records.

Except as otherwise provided by law or in this article, all records of meetings held by bodiessubject to this article, and all public records maintained or kept by any public or governmentalbody, board, commission or agency within Cecil County supported in whole or in part bypublic funds, shall be open for inspection and copying at the applicant's expense, and withreasonable comforts and facilities. If the record is in active use or in storage and, therefore,not available at the time a citizen asks to examine it, the custodian shall certify this fact inwriting to the applicant and set a date and hour within a reasonable time at which the recordwill be available for the exercise of the right given by this article.

§ 66-5. Violations and penalties.

Any member of a body who willfully participates in any meeting which violates this article,knowing the meeting to constitute such a violation, or any person who withholds recordsknowing such withholding of records constitutes a violation, is guilty of a misdemeanorpunishable upon conviction by a fine of not more than $500.

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Chapter 70

OFFICERS AND EMPLOYEES

ARTICLE I ARTICLE IIHealth Officer Emergency Medical Services Collective

Bargaining § 70-1. Nomination procedure.

§ 70-4. Definitions.§ 70-2. Removal from office. § 70-5. Council authority to enact § 70-3. Performance evaluations. ordinances.

§ 70-6. Memorandum of understanding.

§ 70-7. Designation of negotiators.

§ 70-8. Limitations.


GENERAL REFERENCES

Ethics — See Ch. 39. Personnel policies and procedures — See Ch. A384.

ARTICLE IHealth Officer


§ 70-1. Nomination procedure.

Whenever a vacancy occurs or is about to occur in the position of the Cecil County HealthOfficer, the following procedures shall be followed for nominating an individual as the CecilCounty Health Officer to the Secretary of Health and Mental Hygiene of the State ofMaryland:

A. As soon as possible upon a vacancy or as early as reasonably prudent prior thereto uponadvance notice of a vacancy, the County shall diligently recruit to fill the vacancyaccording to regular County policy in regard to filling employee vacancies. In addition tothe standard procedures for recruitment of employees in the County, the County mayadvertise in professional journals and publications outside of Cecil County and conductpersonal interviews or may designate someone else to conduct such personal interviewsin its stead.

B. All applications for the position shall show, at least, that the applicant meets the basicrequirements under state law for the position.

C. After advertising as necessary and conducting such interviews as it shall determine to besufficient, the County will submit the name of the applicant to the State Secretary ofHealth and Mental Hygiene as its nominee.

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§ 70-2. Removal from office.

The County Health Officer serves at the pleasure of the County Executive and the StateSecretary of Health and Mental Hygiene and may only be removed with the concurrence ofboth the County Executive and the State Secretary.

§ 70-3. Performance evaluations.

Each year, prior to July 1, a performance evaluation of the County Health Officer for thepreceding twelve-month period shall be completed in writing by the County Executive, usinga standard Cecil County Personnel Office form,1 including the employee evaluation formwhich is applicable to department heads. The County Executive shall then review itsevaluation with the County Health Officer.

ARTICLE IIEmergency Medical Services Collective Bargaining

[Adopted 2010, Ch. 602, § 1 (Ch. 15, § 15-13, of the 1990 Code of Public Local Laws)]


As used in this article, the following terms shall have the meanings indicated:

COLLECTIVE BARGAINING —

A. To meet in good faith at reasonable times to attempt to negotiate an agreementconcerning subjects of bargaining authorized by law.

B. Does not include a meeting in which only representatives of the Cecil County Councilare in attendance or a meeting in which only representatives of the exclusiverepresentative are in attendance.

EMPLOYEE — A regular, nonexempt, uniformed employee within the Cecil CountyDivision of Emergency Medical Services at the rank of captain or below.

EMPLOYEE ORGANIZATION — An organization of employees that, as one of its primarypurposes, represents employees in collective bargaining with the employer.

EXCLUSIVE REPRESENTATIVE — The employee organization that has been certifiedthrough an election by eligible employees or otherwise recognized by the Cecil CountyCouncil to represent and negotiate for those employees with the Cecil County Council termsand conditions of employment.

§ 70-5. Council authority to enact ordinances.

The Cecil County Council may enact an ordinance to:

1. Editor's Note: See Ch. A384, Personnel Policies and Procedures.

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§ 70-5 OFFICERS AND EMPLOYEES § 70-8

A. Authorize recognition of an exclusive representative by election or voluntary recognitionthrough a check of authorization cards at the County's option and provide a process forsuch authorization;

B. Authorize withdrawal of recognition of an exclusive representative based oncircumstances specified in the ordinance and provide a process for the withdrawal;

C. Allow collective bargaining between Cecil County and the exclusive representative of itsemployees concerning terms and conditions of employment, and a process to resolvedisagreements concerning the interpretation of any agreement made between theexclusive representative and the County;

D. Set forth the subjects of collective bargaining and the rights reserved by the County fromthose subjects;

E. Set forth the time frames of the collective bargaining process;

F. Provide rules of conduct for collective bargaining; and

G. Provide a process and remedies for violations of established rules.

§ 70-6. Memorandum of understanding.

A. Once authorized by an ordinance, collective bargaining between the County and theexclusive representative shall include a memorandum of understanding concerning theagreements made as a result of bargaining.

B. Subject to an annual exercise of authority concerning fiscal procedures in state law orCounty ordinance, a memorandum of understanding between the County and anexclusive representative shall be binding between Cecil County and an exclusiverepresentative.

§ 70-7. Designation of negotiators.

Cecil County may retain or designate individuals to negotiate on its behalf with the exclusiverepresentative.

§ 70-8. Limitations.

This article does not:

A. Authorize or otherwise permit an employee to engage in a strike as defined in § 3-303 ofthe State Personnel and Pensions Article of the Annotated Code of Maryland;

B. Authorize or otherwise permit the County to engage in a lockout as defined in § 3-304 ofthe State Personnel and Pensions Article of the Annotated Code of Maryland;

C. Require any method, means, or scope of bargaining between Cecil County and anexclusive representative;

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D. Authorize binding interest arbitration; and

E. Authorize the collection of mandatory membership fees from nonmembers of theemployee organization.

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Chapter 74

ORDINANCES AND RESOLUTIONS § 74-1. Custodian. § 74-3. Public records.

§ 74-2. Indexing. § 74-4. Admissibility as evidence.

[HISTORY: Adopted 1982, ch. 456, § 1 (Ch. 55, § 55-1, of the 1990 Code of Public LocalLaws). Amendments noted where applicable.]

§ 74-1. Custodian.

The Clerk to the Cecil County Council shall be official custodian of all acts, ordinances andresolutions adopted or passed by the Cecil County Council.

§ 74-2. Indexing.

Acts, ordinances, and resolutions shall be indexed by page number in the official minutes ofthe Cecil County Council.

§ 74-3. Public records.

The minutes and indexes shall be the official public record of the acts, ordinances, andresolutions of the Cecil County Council and shall be available for public inspection during thenormal business hours of the County government.

§ 74-4. Admissibility as evidence.

Any act, ordinance, or resolution filed as required shall be admissible as evidence in any courtproceeding upon certification by the Clerk of the Cecil County Council.

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Chapter 81

POLICE MUTUAL AID § 81-1. Definitions. § 81-4. Effect on fresh pursuit.

§ 81-2. Request for assistance. § 81-5. Immunity from liability; benefits.

§ 81-3. Crimes in progress or § 81-6. Indemnification. emergencies. § 81-7. Term of agreement.



As used in this chapter, the following terms shall have the meanings indicated:

EMERGENCY — May consist of an unruly person or group which demonstrates a potentialfor violence, a hostage situation, a fire, a flood, an accident or a similar circumstance whereprompt police action is required or more than one officer or specialized equipment is required.

§ 81-2. Request for assistance.

Whenever, in the judgment of the Chief of Police/Sheriff of the Port Deposit police force orthe Cecil County Sheriff's Department, or either agency's authorized designee, an emergencysituation exists and the Police Department in the jurisdiction where the emergency occursdoes not have sufficient police or equipment immediately available to properly handle theemergency, the designated official may request assistance in the form of police personnel orequipment from the other party. If, in the judgment of the designated official of thejurisdiction to whom the request has been made, an emergency does exist and the police orequipment requested are available, such resources may be dispatched as requested.

§ 81-3. Crimes in progress or emergencies.

Whenever any individual officer of the Port Deposit police force or the Cecil County Sheriff'sDepartment is traversing, while on official duty, any highway, road, street or alley thatintertwines or abuts any part of the area of the two jurisdictions and observes or is informedthat any crime is in progress or that an emergency exists in either jurisdiction, the officer isauthorized to act as a police officer in either jurisdiction pursuant to this agreement.

§ 81-4. Effect on fresh pursuit. 1


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The manner of providing assistance as set forth in this agreement shall not affect the authoritygranted police officers in matters involving fresh pursuit as provided in the CriminalProcedure Article, § 2-301, of the Annotated Code of Maryland.

§ 81-5. Immunity from liability; benefits. 2

A. Pursuant to the Criminal Procedure Article, § 2-105, of the Annotated Code of Maryland,the parties acknowledge that the acts performed in furtherance of this agreement bypolice officers or other officers, agents or employees and the expenditures made by theparties shall be deemed conclusively to be for a public and governmental purpose, and allof the immunities from liability enjoyed by the parties when acting through their policeofficers, agents or employees for a public or governmental purpose within itsjurisdictional limits shall be enjoyed by the parties to the same extent when acting,pursuant to other lawful authority and/or agreement, beyond the jurisdictional limits ofthe parties.

B. Pursuant to the Criminal Procedure Article, § 2-105, of the Annotated Code of Maryland,the parties acknowledge that the police officers, agents and employees of the parties,when acting in furtherance of statutory authority or, under this agreement, beyond thejurisdictional limits of the police force in which they are commissioned or employed,have all the immunities from liability and exemptions from laws, ordinances andregulations and have all of the pension, relief, disability, workmen's compensation andother benefits enjoyed by them while performing their respective duties within thejurisdictional limits of the police force in which they are commissioned or employed.

§ 81-6. Indemnification. 3

Pursuant to the Criminal Procedure Article, § 2-105, of the Annotated Code of Maryland,each of the parties to this agreement:

A. Waives any and all claims against all the other parties to this agreement which may ariseout of its activities outside its respective jurisdiction under this agreement; and

B. Agrees to indemnify and save harmless the other parties to this agreement from allclaims by third parties for property damage or personal injury which may arise out of theactivities of the other parties to this agreement outside their respective jurisdictions underthis agreement.

§ 81-7. Term of agreement. 4

Pursuant to the Criminal Procedure Article, § 2-105, of the Annotated Code of Maryland, thisagreement shall remain in effect until it is canceled by any party by written notice from thegoverning body of any party to the governing body of the other party.




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Chapter 87

PUBLIC WORKS, DEPARTMENT OF § 87-1. Establishment; department head. § 87-5. Supervision over engineering.

§ 87-2. Appointment of Director; § 87-6. Additional duties of Director;qualifications; removal; County authority to alter

compensation. decisions.

§ 87-3. Organization. § 87-7. Authority to assign or reassignwork of subdepartments.§ 87-4. Operation of subdepartments.


§ 87-1. Establishment; department head. [1972, ch. 629, § 1]

There shall be a Department of Public Works of the County, the head of which departmentshall be the Director of Public Works.

§ 87-2. Appointment of Director; qualifications; removal; compensation. [1972, ch. 629,§ 1; 1988, ch. 227, § 21 ]

The County Executive, in accordance with the Charter, shall appoint a suitable person asDirector of Public Works and, with the advice of the County Executive, shall appoint suchassistants, aides, clerks, stenographers and other field and office help as may be necessary forthe proper administration of the Department of Public Works created hereunder. The Directorof Public Works shall be a professional engineer registered under the laws of this state. TheCounty Executive, when appointing a Director of Public Works, shall give first considerationto the qualifications of those who are graduates in engineering from a recognized college ortechnical school of collegiate grade. The Director of Public Works shall be a person of broadexperience and high standing in the engineering profession, and shall have had responsiblecharge of engineering works over a period of at least five years. If the person appointed asDirector of Public Works is not a graduate in engineering from a recognized college ortechnical school of collegiate grade, he shall have had not less than 10 years' experience inengineering, during five years of which he shall have been in responsible charge of importantengineering projects. The Deputy Director of Public Works may be a professional engineerregistered under the laws of this state. The Director of Public Works may be removed fromoffice at any time in the discretion of the County Executive; and his compensation shall befixed for his services by the County Executive from time to time.


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§ 87-3. Organization. [1972, ch. 629]

The organization of the Department of Public Works shall consist of the Director of PublicWorks as Chairman, the divisions or subdepartments which may be created under the generalauthority of this section and the following County offices, which shall be consideredsubdepartments of the Department of Public Works:

A. Roads Engineer.

B. Supervisor of Solid Waste.

§ 87-4. Operation of subdepartments. [1972, ch. 629, § 1]

A. All of the subdepartments of the Department of Public Works shall continue to performand to execute the duties and obligations and to exercise the rights, powers, functions andprivileges now or hereafter conferred upon them by any public local or public generallaws; except that all of the subdepartments shall be subject to the control, supervisionand direction of the Director of Public Works. The Director of Public Works shall be thefinal arbiter of all questions and controversies of any kind or nature that may arisewithin, between or among any of the subdepartments.

B. The Director of Public Works shall have power and it shall be his duty to coordinate thefunctions and operations of the subdepartments constituting the Department of PublicWorks, to the end that all unnecessary waste and duplication of effort may be eliminated.He shall see to it that no subdepartment unnecessarily maintains duplicate equipment orpersonnel which should be centralized in one bureau and is empowered to centralize anysuch unnecessary duplication of work or personnel in one or more subdepartments for thepurpose of eliminating such duplications and likewise shall have power to assign andreassign equipment from the custody of one subdepartment to another subdepartment, ashe may deem expedient. Notwithstanding any contrary provisions of public local lawconcerning public works construction, preparation, approval and signature of plats,drawings, deeds or other documents by the Roads Engineer, Chief Sanitary Engineer orother subdepartments of the Department of Public Works, the same shall be subject toreassignment by the Director of Public Works with the approval of the County to anydivision which may be created for the purpose of consolidating such operations asdesign, drafting, construction, inspection, maintenance operations, land acquisition, etc.,in the interest of efficiency and economy.

§ 87-5. Supervision over engineering. [1972, ch. 629, § 1]

The Director of Public Works shall have supervision over all engineering questions and overall matters concerned or connected with any and every public improvement in the County orelsewhere, made by the County or any department, office, board, commission or agencythereof, and all plans and specifications of such public improvements shall be submitted to theDirector of Public Works and be subject to his approval.

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§ 87-6 PUBLIC WORKS, DEPARTMENT OF § 87-7

§ 87-6. Additional duties of Director; County authority to alter decisions. [1972, ch. 629,§ 1]

The Director of Public Works shall perform such additional duties as may be required of himby the County Executive, and the County Executive shall have full and complete authority toreverse, alter or amend in any way any decision of the Director of Public Works.

§ 87-7. Authority to assign or reassign work of subdepartments. [1972, ch. 629, § 1]

The Director of Public Works shall have the power to assign and reassign to and take fromthe subdepartments of the Department of Public Works the performance of any duties or theexercise of any powers incident to the conduct of the Department of Public Works as mayseem to the Director of Public Works to be necessary and proper and, whenever it seemsadvisable, from time to time to transfer duties and powers from one subdepartment to anothersubdepartment, and from time to time to retransfer the same, in whole or in part.

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Chapter 92

PURCHASING § 92-1. Policy. § 92-5. Vendor requirements.

§ 92-2. Procurement authority; § 92-6. Solicitation process.Purchasing Manual; violations § 92-7. Exceptions.

and penalties.§ 92-8. Bid protest.

§ 92-3. Definitions. § 92-9. Disposal of County assets.

§ 92-4. Budgetary appropriations;§ 92-10. Local preference. accounting practices.

[HISTORY: Adopted by the Board of County Commissioners (now County Council) ofCecil County 7-24-1984; amended in its entirety 8-21-2012 by Ord. No. 2012-07.Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Ethics — See Ch. 39.

§ 92-1. Policy.

Based on the objective of procuring necessary supplies, equipment and services at reasonableprices, in adequate quantities, of satisfactory quality and on schedule from reliable suppliers,the County's purchasing will be accomplished by a central purchasing function.

§ 92-2. Procurement authority; Purchasing Manual; violations and penalties.

A. The County Executive is the designated procurement authority and is authorized, subjectto §§ 92-1 through 92-9 of this chapter, to establish a Purchasing Manual to furtherdefine specific procedures for implementing this policy. The Purchasing Manual may beamended from time to time by resolution of the County Council.

B. The County Executive is authorized to delegate his/her authority as further defined in thePurchasing Manual as may be amended from time to time. The County Executive, theDirector of Administration and the Purchasing Agent are the only individuals possessinglegal binding purchasing authority. Each person involved in the County's procurementfunction has a legal and ethical responsibility to solicit, negotiate and contract for Countypurchases in the best interest of the County.

C. Failure to follow the regulations contained herein or the County's Purchasing Manual is aviolation of the County's Personnel Manual and may result in disciplinary action inaccordance with that document. In addition to disciplinary action, employees who violatethis code may be held financially responsible for any unauthorized purchases.

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ADVERTISEMENT — A notice published on the County's web page and in one or morenewspapers, qualified to accept legal advertising, of general circulation in Cecil County.

BID — The tender, proposal or quotation submitted by a potential vendor in response to asolicitation for prices for goods or services required by the County.

CAPITAL IMPROVEMENT PROJECT (CIP) — Any public improvement undertaken by theCounty, including, but not limited to, the construction or reconstruction, including preliminarystudies, surveys, engineering, etc., in whole or part, of any road, bridge, building, water orsewer facility, or any similar physical structure or facility necessary in carrying out theactivities of County government.

CONTRACT — An agreement, enforceable by law, between two or more competent parties,to do or not to do something by law, for a consideration. A contract includes supplementalagreements of original contracts.

COOPERATIVE PURCHASING — Competitive procurement conducted by one or morepublic procurement agencies. Involves the ability to jointly contract using intergovernmentalcooperative purchasing agreements, which shall be requested in writing through thePurchasing Office for approval by the Director of Administration or an approvedrepresentative.

COUNTY — Cecil County, Maryland, including the County Council and any department,commission, board, committee, agency, government corporation or official of the CecilCounty government and the County Executive.

EMERGENCY — The development of a dangerous condition caused by a breakdown inmachinery or a threatened termination of essential services; or any unforeseen circumstancecausing curtailment or diminution of an essential service or which presents an imminent threatto public safety, welfare or the environment.

EXPEDITED PROCUREMENT — A process detailed in the Purchasing Manual to facilitateor hasten delivery of goods or services, generally according to contract terms, in response to asituation that is not an emergency, but where the County Executive or designee determinesthat prompt action best serves the public interest.

OUTSIDE AGENCY — Any agency other than departments under the County Executive, theCecil County Sheriff, the Circuit Court of Cecil County, the Cecil County Department ofSocial Services, or the Cecil County Department of Health.

PROFESSIONAL SERVICES — The services of attorneys, physicians, architects, engineers,accountants or other individuals or organizations providing services which require specializedknowledge and skills and involve the application of specialized knowledge and intellectualskills in the performance of the services.

PURCHASING AGENT — The person (in addition to the Director of Administration)authorized and designated by the County Executive who has legal binding purchasingauthority for the County.

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§ 92-3 PURCHASING § 92-5

PURCHASING MANUAL — A document describing the specific procedures to be followedwhen goods or services are required by the County.

SOLE SOURCE — A supply or service that is only available from one supplier, usuallybecause of its technological, specialized, unique, or proprietary character.

SUPPLIES — All property, including but not limited to equipment, parts, material, printing,insurance and leases on real and personal property, excluding the acquisition of a permanentinterest in real property for public use. This definition is more inclusive than the definitionused for accounting purposes.

TECHNICAL SERVICES — The services which require special and practical knowledge,usually of a mechanical or scientific nature, obtained through a combination of training andhands-on experience, i.e., electricians, mechanics, software specialists, etc.

VENDOR — A generic term for a person, persons, company, or other legal entity who ofwhich provides goods and services to the County.

WRITTEN QUOTES — Responses to a solicitation received either by physical delivery orvia electronic means.

§ 92-4. Budgetary appropriations; accounting practices.

A. No County purchase shall be made without a sufficient budgetary appropriation of funds.

B. Accounting for County purchases shall be in accordance with generally acceptedaccounting principles and in compliance with the standards established by theGovernmental Accounting Standards Board or, in the absence of a GASB standard, theFinancial Accounting Standards Board.

C. All unexpended County appropriations, except those for capital improvement projects,lapse at the end of each fiscal year.

§ 92-5. Vendor requirements.

A. Any person or legal entity required to be registered with the State Department ofAssessments and Taxation shall be registered and qualified to do business in the State ofMaryland in compliance with the Corporations and Associations Article of the AnnotatedCode of Maryland, §§ 1-502 through 1-504, § 2-102, and §§ 7-202 through § 7-203. TheCounty will only do business with entities that are properly licensed under state andCounty law.

B. As a condition of doing business with the County, the County may require insurancecoverage from vendors as deemed reasonably necessary to protect the best interests ofthe County. The insurance shall be in the form and amount as specified by thePurchasing Manual or as required by the bid solicitation. The vendor shall provideevidence of insurability during the solicitation phase and, unless otherwise specified,shall provide a conforming certificate of insurance within five days of such request fromthe Purchasing Agent. The vendor shall keep such insurance throughout the term of itscontract.

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C. Subcontractors shall adhere to the same requirements listed in Subsections A and B.

D. Vendors may not give to County employees or their immediate families any personalgifts, favors or entertainment. An employee of the County may not accept personal gifts,favors or entertainment from any person or firm with whom the County is presentlydoing or has previously done business or from anyone desiring to establish businessrelations with the County.

§ 92-6. Solicitation process.

A. It is the County's policy to procure its required goods and services in a manner that is themost cost-effective, efficient, and practical. Therefore, subject to the provisions in thissection, § 92-7, and the Purchasing Manual, the County shall employ a competitiveprocess wherever practical and accept the lowest responsive/responsible bid or bids, thekind, quality and materials being equal. The County shall retain the right to reject any orall bids or to select a single item or items from any bid.

B. All procurement functions for goods or services purchased with funding other thanCounty funds or in conjunction with funding from an outside source will be coordinatedwith the agency providing the external funds and will follow the rules and procedures ofthe grant or loan.


The County Executive or designee may exempt certain items from the competitive bidprocess. The following are excluded from the competitive requirement set forth in § 92-6.Additional exceptions may be included by resolution in Section 12 of the Purchasing Manual.County employees will adhere to the County's Purchasing Manual for specific procedurespertaining to exceptions to this code.

A. Lease/Rental of real property.

B. Purchase of patented or manufactured products offered for sale in a noncompetitivemarket or solely by a manufacturer's authorized dealer (sole source).

C. Purchases made through a state, County, municipal, cooperative purchasing, or federalpurchase contract when such contract has been awarded as a result of a competitiveprocurement process, provided such price is deemed to be competitive and the vendoragrees to extend the same price to the County. The vendor must be qualified to dobusiness in the State of Maryland as provided in § 92-5A.

D. Contracts with public utility service companies under tariffs on file with the PublicService Commission.

E. Professional or technical services as defined in § 92-3.

F. An emergency situation as defined in § 92-3.

G. Situations where the County Executive or designee determines that an expeditedprocurement as defined in § 92-3 is deemed in the best interest of the County.

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§ 92-8 PURCHASING § 92-8

§ 92-8. Bid protest.

A. Definitions. In this section, the following words have the meanings indicated:

BID PROTEST BOARD — The Director of Administration, and two designees selectedby the Director of Administration. The designees must be County department heads. ThePurchasing Agent shall provide staff assistance as required by the Bid Protest Board.

FILED — Received by the Purchasing Agent on or before the date required to besubmitted and received pursuant to Subsection B(1) and B(2) following.

INTERESTED PARTY — An actual or prospective bidder, offerer or contractor who orwhich may be aggrieved by the solicitation or award of a contract, or as a result of theprotest.

PROTEST — A complaint relating to the solicitation or award of a procurementcontract.

PROTESTER — An actual or prospective bidder, offerer or contractor who is aggrievedin connection with the solicitation or the award of a contract and who files the protest.

PURCHASING AGENT — The person (in addition to the Director of Administration)authorized and delegated by the County Executive who has legal binding purchasingauthority for the County.

B. Filing of protest.

(1) An interested party may protest to the Purchasing Agent against the solicitation,award or the proposed award of a bid contract, subject to this section, except acontract for professional services.

(2) The protest shall be in writing, addressed and sent to the Purchasing Agentelectronically, via facsimile or via conventional mail as required to ensure receiptin accordance with Subsection C(1).

C. Time for filing.

(1) A protest must be received by the Purchasing Agent within 10 calendar days fromthe date the bid is awarded by the County Executive.

(2) A protest received by the Purchasing Agent after the time limits shall not beconsidered.

D. Bid Protest Board (BPB). Upon receipt of a protest, the Director of Administration willassemble the Bid Protest Board in accordance with Subsection A and forward the protestto the members for review. The Bid Protest Board may request additional informationwhich will be used during the review process and may set time limits in which to receivesuch information. Failure to respond to the BPB may result in a resolution of the protestwithout consideration of any response to the request.

E. Making information on protests available. The Purchasing Agent shall consult with theCounty Attorney prior to the release of any information pertaining to a filed protest.

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F. Negotiation with interested parties. The Bid Protest Board may conduct discussions and(if appropriate) negotiations with the protester or any other interested party. Settlementmay be reached by agreement of all interested parties. The agreement shall be in writingand shall be reviewed by legal counsel prior to issuance. Such settlement shall beconsidered final.

G. Decision by Bid Protest Board.

(1) If an agreement by all parties cannot be reached, the Bid Protest Board shall meetand conduct a hearing at a place and time determined by the Bid Protest Board.The Purchasing Agent, on behalf of the Bid Protest Board, shall notify allinterested parties, via certified mail, return receipt, of the hearing within 30calendar days after the protest is filed.

(2) The protestor and other interested parties shall appear in person to presentarguments unless the protestor has received written approval from the BPB tosubmit comments in writing.

(3) The Bid Protest Board will render its decision as expeditiously as possible afterconclusion of the hearing and forward the decision to the County Attorney forreview prior to issuance.

(4) The decision shall be issued by the Director of Administration to all interestedparties who participated in the hearing (whether such participation was in person orwritten).

(5) The decision of the Bid Protest Board shall be final and not subject to any furtherappeal or review.

H. Awards of contracts pending protests and appeals. While a protest is pending, thecontract may be awarded or executed by the County Executive if the County finds thatperformance of the contract without delay is necessary to protect a substantial Countyinterest.

§ 92-9. Disposal of County assets.

Disposal of any and all County property must be approved by the department head of theusing department and the Director of Administration and coordinated through the PurchasingDepartment to determine whether the equipment will be offered for sealed bid, auction (eitherthrough an Internet service, at a local auction house or on County premises with the servicesof an auctioneer) or scrapped and sent to the landfill. Assets purchased with grant funds willbe disposed of in compliance with the terms of the grant. To avoid the appearance offavoritism or other impropriety, surplus assets will not be donated to outside agencies.

§ 92-10. Local preference.

The County reserves the right to show preference to local bidders in the purchase of supplies,equipment and services. The amount shall not exceed 6% of the amount bid or quoted and/or$60,000, whichever is less. A "local bidder" is defined as an individual or business who or

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§ 92-10 PURCHASING § 92-10

which maintains a place of business or maintains an inventory of merchandise and/orequipment in Cecil County, is licensed by Cecil County and/or the State of Maryland, ifrequired, and is subject to Cecil County real and/or personal property taxes. No local bidder indefault on payment of any County or state tax or license shall be eligible to receive preferenceuntil all taxes or licenses due are paid. Notice of preference availability shall be included inthe invitation to bid and in all advertisements. Specific procedures relative to local preferenceare further described in Section 21 of the Purchasing Manual.

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Chapter 97

SANITARY DISTRICT

ARTICLE I ARTICLE IIGeneral Provisions Charges and Assessments

§ 97-1. County declared sanitary § 97-17. Annual front foot assessment.district; rights of County and § 97-18. Sanitary subdistricts.

incorporated towns.§ 97-19. Connection charges.

§ 97-2. Jurisdiction of County § 97-20. Service and upkeep charges. Executive.§ 97-21. Charges to be lien; enforcement;§ 97-3. Director of Sanitary Facilities. due dates; interest.

§ 97-4. Statistical and financial reports to County.

ARTICLE III§ 97-5. Publication of financial Bonds statement; audit of accounts.

§ 97-6. Authority to establish and § 97-22. Procedure for issuance.maintain facilities and acquire § 97-23. Award of bid; sale of bonds;

property. form and execution of bonds§ 97-7. Removal of impediments to issued. construct County system. § 97-24. Bonds exempt from taxation.§ 97-8. Right of entry on public § 97-25. Limit on total issue of bonds; property. referendum.§ 97-9. Right of entry on private § 97-26. Payment of interest and property; conservation of water. principal; ad valorem tax.§ 97-10. County to enter into contracts § 97-27. Consolidation of bond issues. concerning system.

§ 97-11. Construction and installation ARTICLE IV permit; exceptions. Miscellaneous Provisions§ 97-12. Water and sewer connections;

abandonment of former § 97-28. Effect on prior district or facilities. commission.

§ 97-13. Competitive bidding procedures. § 97-29. Violations and penalties.

§ 97-14. New or extended systems. § 97-30. Regulations for administration and enforcement.§ 97-15. Payment of taxes prior to

recording in County land § 97-31. Effect of provisions on other records. laws.

§ 97-16. Approval for construction of § 97-32. State loan program.private systems; acquisition byCounty; records; pollution

control.

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GENERAL REFERENCES

Special taxing districts — See Ch. 110. Stormwater management — See Ch. 325.Septage hauling and discharge — See Ch. 301. Water and sewers — See Ch. 365.Stormwater discharge — See Ch. 322.


§ 97-1. County declared sanitary district; rights of County and incorporated towns.[1972, ch. 739, § 2; 1988, ch. 227, § 2]

A. Cecil County is hereby declared to be a sanitary district for the purpose of the exercise ofthe powers vested by this chapter in the Cecil County Executive (hereinafter referred toas "the County"), provided that the County shall exercise no authority over the operationor construction of the sewerage, water and drainage facilities of any incorporatedmunicipality, except over such facilities within the corporate limits of any municipalityover which the County or County agency may have exercised jurisdiction prior to June 1,1972; except that the County may, upon petition by the governing body of amunicipality, enter the incorporated municipality in cooperation with said municipalityfor the operation, construction and maintenance of water, sewerage and drainage facilitieswithin such municipality; and provided, further, that the County may, either jointly withan incorporated municipality or independently, acquire by purchase or condemnation anyland, structure, building or franchise of a privately owned water or sewerage systemwithin any municipality. Water, sewerage and drainage facilities of any incorporatedmunicipality shall not be extended beyond the corporate limits of such municipalitywithout the express approval and authority of the County, except that such approval shallnot be required in the event of annexation by such municipality pursuant to Article 23Aof the Annotated Code of Maryland.

B. Nothing in this chapter shall be construed as impairing the validity of any bonds issuedprior to June 1, 1972, by the Cecil County Metropolitan Commission and guaranteed byCecil County, Maryland.

C. In exercising the powers granted by this subtitle, the County shall not be subject to theprovisions of any planning regulations or zoning ordinances enacted under the provisionsof Article 66B of the Annotated Code of Maryland.

§ 97-2. Jurisdiction of County Executive. [1972, ch. 739, § 2; 1988, ch. 227, § 2]

For the purpose of carrying out the provisions of this chapter, the Sanitary District shall beunder the jurisdiction and control of the County Executive.

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§ 97-3 SANITARY DISTRICT § 97-6

§ 97-3. Director of Sanitary Facilities. [1972, ch. 739, § 2]

The Director of Public Works of Cecil County, appointed pursuant to the provisions ofChapter 87, Department of Public Works, of this Code shall be the chief administrative officerof the Cecil County Sanitary District and will serve in such capacity under the title of"Director of Sanitary Facilities." It shall be the duty of such Director to execute the policies ofthe County within the provisions of this chapter. The Director of Sanitary Facilities shallappoint such engineering, legal, advisory, clerical and other personnel as in his judgment arenecessary for carrying out the provisions of this chapter, and such personnel shall be paid atsuch wage or salary scales as may be approved by the County Executive.

§ 97-4. Statistical and financial reports to County. [1972, ch. 739, § 2]

The Director of Sanitary Facilities shall annually, on or before the first of July, prepare andfile a report with the County Executive on the physical plants and equipment of the sanitarydistrict, a statement of the activities of the sanitary district during the preceding fiscal year,and a statement of activities proposed to be undertaken during the ensuing fiscal year andsuch other statistical and financial matters in connection with the sanitary district as may be ofinterest to the County Executive and to the taxpayers.

§ 97-5. Publication of financial statement; audit of accounts. [1972, ch. 739, § 2]

The County shall publish annually in a newspaper of general circulation published in theCounty a full and true account of the receipts, expenses and expenditures under this chapter,showing in full the financial condition of all accounts and funds relating to the sanitarydistrict. Prior to such publication, the accounts relating to the sanitary district shall be auditedby a certified public accountant to be employed and paid by the County Executive out of suchsanitary district funds as may at the time be available.

§ 97-6. Authority to establish and maintain facilities and acquire property. [1972, ch.739, § 2; 1988, ch. 227, § 2]

The County Executive is hereby expressly authorized and empowered to establish, construct,locate, maintain, operate, protect, preserve, repair, replace, extend or enlarge any watersupply, water supply system, water main, sewer, sewer system, sewage disposal plant or field,reservoir, dam, water purification or filtration plant, tank or pumping station and drains of anyand every kind, nature and description, and all other facilities, appurtenances and adjuncts thatmay be required for any of the purposes in this chapter. Whenever deemed necessary by theCounty in the exercise of any of the foregoing power and authority, the County Executive isauthorized to acquire by purchase, gift, devise, bequest, exchange or condemnation from anytenant, lessee, owner, occupier or holder of any interest in land, structures or buildings, sourceof water supply, stream bed, waterway, water rights, watershed, franchise, water, sewerage ordrainage systems, or parts thereof, or other property, either in fee or as an easement, within orwithout the sanitary district. Proceedings for condemnation under this section shall beinstituted in the Circuit Court for the County in which such land, structures or buildings,source of water supply, stream bed, waterway, water rights, watersheds, franchises, water,

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sewerage or drainage systems or other property is situated, as provided for condemnation ofprivate property for public use in the Annotated Code of Maryland.

§ 97-7. Removal of impediments to construct County system. [1972, ch. 739, § 2]

All individuals, firms, or corporations having buildings, conduits, pipes, tracks, poles, or otherstructures or obstructions in, on, over, under, or through any public road, street, or way, whichblocks or impedes the construction and establishment of the County's water supply, sewerage,or drainage systems, or other works, upon reasonable notice from the County, shall promptlyso shift, adjust, accommodate, or remove structures or obstructions as fully to meet theexigencies occasioning such action; provided, however, that the cost of such changes shall beborne by the County. Every public service corporation, company, or individual, before it orthey shall begin any excavation or construction in any street, road, way, or public highway,shall file with the Director of Sanitary Facilities plans of such work and construction showingthe location of depth in such street, road, way, or public highway of the proposed main,conduit, pole, pipe, or other structure, and such construction or work shall not be begun untilthe plan is approved by the Director of Sanitary Facilities, nor shall any change be made inthe approved plan or in the work or construction as shown by the plan, except on furtherapproval of the Director of Sanitary Facilities. Whenever any main, conduit, pole, pipe, orother structure is installed without the filing of plans with the Director of Sanitary Facilitiesand the approval thereof by him, or when any change is made in the location of the main,conduit, pipe, pole, or other structure as shown upon the plans approved by the Director ofSanitary Facilities, or any approved change therein, the County, if and when such conduit,main, pipe or pole, or other structure interferes with the construction of or operation of itswater or sewerage system, or other works, may remove the conduit, main, pipe, pole, or otherstructures or change the location thereof at the cost and expense of the party so putting themin, or its heirs, assigns, or successors, and without any liability upon the part of the County fordamage that might be done to the same by reason of the County's operation in contracting ormaintaining its systems or works. Any violation of the provisions of this section is amisdemeanor punishable under § 97-29 of this chapter.

§ 97-8. Right of entry on public property. [1972, ch. 739, § 2]

The County may enter upon and excavate any state or County street, road, or way, or anyother public highway for the purpose of installing, maintaining, and operating the watersupply, sewerage, or drainage systems provided for under this chapter; and it may construct inany such street, road, way, or public highway a water main, sewer, or drain or anyappurtenances thereof without the receipt of a permit or the payment of a charge; providedthat whenever any state or County highway is to be disturbed, the public authority havingcontrol thereof shall be duly notified; and provided further that the highway shall be repairedand left by the County in the same condition or in a condition not inferior to that existingbefore it was torn up, and that all costs incident thereto shall be borne by the County.

§ 97-9. Right of entry on private property; conservation of water. [1972, ch. 739, § 2]

Any employee or agent of the County has the right of entry, at all reasonable hours, upon anyprivate premises and into any building in the sanitary district, while in pursuit of his official

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duties, upon first presenting proper credentials from the County. The County or its agent oremployees may order and require such changes in plumbing, water usage or water or sewerconnections as it deems necessary to eliminate leakage, loss of water, unnecessary orimproper use of sewers. The County shall exercise control of the water supply at all times andin case of shortage of water or, for any other reason, the County, in the exercise of itsdiscretion, may determine that the water supply should be conserved. The consumers, uponnotice from the County, its agents or employees, or upon notice published in one newspaperpublished in the County for one insertion, shall comply with any order passed by the Countyto conserve the water supply. In addition to any other penalty herein prescribed, the County,its agents or employees may turn off the water supply of any person violating such an order atany time without further notice. Any restraint or hindrance offered by any owner, tenant, oragent or any other person to the right of entry in this section provided or any violation of anyorder issued pursuant to this section is a misdemeanor punishable under § 97-29 of thischapter.

§ 97-10. County to enter into contracts concerning system. [1972, ch. 739, § 2]

The County shall have full power and authority to enter into any contract for the connectionof its water supply, sewerage or drainage system with those of any municipality or adjoiningcounty, or any other governmental agency in this or in an adjoining state, for the purchase ofwater and for the disposal of sewage and other drainage from the sanitary district, and to enterinto any other agreement concerning any other matter deemed by the County to be necessary,advisable or expedient for the proper construction, maintenance and operation of the watersupply, sewerage or drainage system under its control, or those under the control of anymunicipality or County or other such governmental agency. The County is further empoweredto enter into contracts with any municipality for the joint acquisition, construction, ownership,and operation of any water supply, sewerage or drainage system or any portion thereof.

§ 97-11. Construction and installation permit; exceptions. [1972, ch. 739, § 2]

A. Construction work. Before any plumbing, water works, or sewer construction is done inany building or upon any private property within the sanitary district, the person, firm orcorporation doing the construction shall first obtain a permit from the Director ofSanitary Facilities and pay therefor such reasonable sum as the County may prescribe.The work shall be done under and pursuant to such rules, regulations, and requirementsas the Director of Sanitary Facilities may from time to time formulate, and subject tosuch inspection as he may deem necessary; provided that, to avoid duplication ofsupervision, the County may waive this provision if the Department of Health issues thepermits and makes the inspections required by this subsection in a manner satisfactory tothe County.

B. Installations. No private or public water supply or sewerage installation intended for useof two or more buildings or premises shall be constructed, nor shall any existing systembe extended in the sanitary district, unless the person, firm or corporation doing the workhas first obtained a permit from the Director of Sanitary Facilities and paid a reasonablecharge therefor. The plant then shall be installed, maintained, and operated under suchrules and regulations as the Director of Sanitary Facilities may require or devise. The

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County shall have full and complete jurisdiction over all fire hydrants connected with itswater system; and no person, firm, or corporation may operate, use, or make connectionwith the system without the written authority of the Director of Sanitary Facilities, exceptthat no restriction shall apply to any bona fide fire department in the discharge of itsduties. The Director of Sanitary Facilities, upon a determination that public safety will beserved, may require the installation of fire hydrants to public or private systems existingor to be constructed in the sanitary district and may prescribe such rules and regulationsfor the use and maintenance thereof as he deems necessary. The County is authorized toenter into any agreements with the owners or operators of such systems designed toinstall fire hydrants or other fire protection equipment as may be deemed in the publicinterest. No person, firm, or corporation may tamper with, deface, damage, or obstructany fire hydrant. A violation of any of the provisions of this section is a misdemeanorpunishable under § 97-29 of this chapter.

C. Exception. Nothing in this section is applicable within any municipality or to anysanitary system operated by a municipality and without the sanitary district by virtue ofthe provisions of § 97-1A hereof.

§ 97-12. Water and sewer connections; abandonment of former facilities. [1972, ch. 739,§ 2]

The County shall provide for each and every property abutting upon a street or right-of-wayin which, under this chapter, a water main or sewer is laid, when service to such property isfeasible, a water service pipe or sewer connection, which shall be extended as required fromthe water main or sewer to the property line of the abutting lot. The water service pipe and theconnection with the sewer shall be constructed by and at the sole expense of the County, butsubject to a reasonable charge for said connection as provided in § 97-19 of this chapter,which charge shall be paid by all property owners at the office of the Director of Financebefore the actual connection with any pipe or private property is made. When any water mainor sewer is declared by the County complete and ready for the delivery of water or thereception of sewage, every abutting property owner, after due notice, shall make a connectionof all spigots or hydrants, toilets and waste drains with said water main or sewer within thetime prescribed by the County and in the manner prescribed by such rules and regulations asmay be promulgated by the Director of Sanitary Facilities pursuant to the provisions of thischapter. Where the aforesaid fixtures do not exist, or are of a nature which, in the judgment ofthe Director of Sanitary Facilities, is improper or inadequate, satisfactory equipment shall beinstalled by the owner on the premises consisting of at least one water closet and one sink orwashbasin, both of which shall be properly connected with the sewer of said County. Allcesspools, sink drains and privies located on properties connected to sewers provided by theCounty shall be abandoned, closed and left in a sanitary condition so that no odor or nuisanceshall arise therefrom. Any violation of the provisions of this section shall be a misdemeanorpunishable under § 97-29 of this chapter.

§ 97-13. Competitive bidding procedures. [1972, ch. 739, § 2]

Whenever the plans and specifications for water supply, sewerage, or drainage systems orextensions thereof have been completed and the County has decided to proceed with

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construction, it shall, when required by this chapter, by notice in one newspaper published inthe County and such newspapers and technical press as it may deem proper, advertise for bidsfor the construction of the system or systems, in part or as a whole as in its judgment mayappear advisable. The contract shall be let to the lowest responsible bidder, or the County mayreject any or all bids; and, if in its discretion the prices quoted are unreasonable orunbalanced, it may readvertise the work or any part of it or may do any part or all of the workby day labor; provided that at any time the County, in its discretion, may expend by day laborfor construction an amount not exceeding $1,000 without advertising and receiving bids. Allsuch contracts shall be protected by such bonds, penalties, and conditions as the County mayrequire, all of which shall be enforced in any court having jurisdiction. Nothing in this sectionshall preclude the County from performing any work with its own employees and/orequipment.

§ 97-14. New or extended systems. [1972, ch. 739, § 2; 1988, ch. 227, § 2]

A. Surveys; operating systems. To provide for the general health and welfare of theresidents of Cecil County, the County may acquire, construct, operate, and maintain suchwater, sewer, and drainage systems as it deems to be in the public interest. The Countymay cause surveys, plans, specifications, and estimates to be made for such systems.Unless all owners of land which will be served by any such proposed improvementsconsent in writing to such improvements being made, the County shall construct anysuch system or extension thereof only after a public hearing held by the County, aftergiving notice thereof in one newspaper of general circulation published in Cecil Countyat least seven days prior to the hearing. At the hearing, plans and specifications for theproposed improvements shall be presented, together with the estimated costs thereof andestimated revenues to be derived therefrom. The County may divide the sanitary districtinto water, sewerage, and drainage subdistricts in such a way as in its judgment will bestserve the needs of the sanitary district, and promote convenience and economy ofinstallation and operation, and permit the raising of revenues and apportionment of coststo those served on an equitable basis, and it is empowered to keep its books of accountaccordingly.

B. Applicants for service. If the residents of any unincorporated locality in the sanitarydistrict make application for a water supply, sewerage, or drainage system, or partthereof, to be constructed in their locality, the County may require the applicants to bearthe reasonable costs for any preliminary engineering studies that the County deemsnecessary to determine whether it is feasible to construct the improvements. Upon thereceipt of such reasonable costs as the County determines to be necessary to conduct thestudies, the Director of Sanitary Facilities shall have the studies made and within areasonable time thereafter advise the County, which shall thereafter advise the applicantsof the results thereof, together with the County's determination with respect to theapplication.

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§ 97-15. Payment of taxes prior to recording in County land records. [1972, ch. 739,§ 2]

Upon certification by the Director of Finance to the Clerk of the Circuit Court for CecilCounty, as from time to time made, that the County is entitled to collect taxes or othercharges upon any land situated in the election districts designated in such certifications, theClerk shall not accept any instrument for recording among the land records of Cecil Countyuntil the instrument bears a notation by the County that all taxes or other charges due theCounty pursuant to the provisions of this chapter for the year in which the instrument isoffered for record have been paid.

§ 97-16. Approval for construction of private systems; acquisition by County; records;pollution control. [1972, ch. 739, § 2]

No sewerage, water, or drainage system or extension thereof serving two or more properties inthe sanitary district may be constructed by any private owner without the prior approval of theDirector of Sanitary Facilities. If application for the construction or extension of any watersupply, sewerage or drainage system or part thereof is made under the provisions of § 97-14Bof this chapter, and the County determines that the construction or extension is inexpedient orimpracticable at that time, owing to the remoteness from its general system or otherconsiderations, the applicant may build and operate the system or extension thereof at its ownexpense; but it shall be constructed only under such plans and specifications as have beensubmitted to and approved by the Director of Sanitary Facilities and its maintenance andoperation shall be under the general control of the County. No such system or part thereof orno water main, sewer, storm drain, water purification or sewage treatment plant or noconnection with any of them shall be constructed or installed except as in this sectionprovided, and any violation of this provision shall be a misdemeanor punishable under§ 97-29 of this chapter. The applicant for the construction or extension of any such privatelyowned system shall bear the reasonable costs that the County may incur for the review andapproval of any such plans and for the supervision by the County of the maintenance andoperation of such system. All construction and operating records, including cost records, shallbe filed with the County, which shall be empowered at any time to take over said system orpart thereof or said water main, sewer, stormwater drain, water or sewage treatment plant orconnection with any of them in the same manner as provided under § 97-6 of this chapter.Nothing in this section shall impair the rate-making powers of the Public Service Commissionnor eliminate the requirements of the law for the approval of the Department of Health in theconstruction and maintenance of sanitary facilities. No private water supply, sewerage, ordrainage systems or extensions thereof authorized by this section shall be approved if theconstruction and operation of such system or systems will cause water pollution endangeringthe water supply of the County, any municipality or other public agency or private utilitycorporation supplying sanitary services in Cecil County. If a private system approved underthe authority hereof causes such pollution, then the County is authorized to require suchmodifications as may be necessary to eliminate such pollution and to take such other legalsteps as may be necessary to enforce its orders eliminating the nuisance of water pollution.

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ARTICLE IICharges and Assessments

§ 97-17. Annual front foot assessment. [1972, ch. 739, § 2; 1988, ch. 227, § 2]

A. Authorized. For the purpose of paying the interest and principal of the bonds issued bythe County and loans entered by the County as provided in this chapter, for the watersupply, sewerage or drainage systems to be constructed, purchased or established underthis chapter, the County is hereby empowered to fix an annual assessment on allproperties, improved or unimproved, abutting upon a street, road, lane, alley orright-of-way in which a water main, sewer or drain has been built. The annualassessment shall be made upon the front foot basis, and the first payment shall becollected during the year in which the construction is completed on the water main,sewerage or drainage systems, or in which the systems are purchased or acquired. Atleast 60 days before the beginning of each fiscal year, the County shall certify to theDirector of Finance, in such manner as shall be prescribed by the Director of Finance,the annual benefit assessments to be collected for the year. The Director of Finance shallinclude such assessments so certified in the County tax bills for the properties affectedand shall remit to the County at regular intervals the proceeds from the collection of theassessments. If construction of a water supply, sewerage or drainage system, or any partthereof, is completed after the beginning of any fiscal year, the properties benefited shallbe assessed for the remainder of the year a portion of the annual assessments fixed by theCounty for the properties. The portion shall be determined by multiplying the annualassessment for the property by a fraction, the numerator being the number of months insuch year in which service is available and the denominator being 12. The partialassessments may be certified to the Director of Finance not more often than once eachquarter and, if so certified, shall be billed by the Director of Finance at the same time ortimes as County taxes for less than a full year are billed. If not so certified, the partialassessments shall be added to the assessments certified by the County for collection inthe ensuing fiscal year. All sums collected by the County for benefits levied against theproperty for water, sewerage or drainage construction shall be set aside as a separatefund to be known and designated as the "Front Foot Benefit Assessment Fund."[Amended 1991, ch. 309, § 1]

B. Classes of property. The County, for the purpose of assessing benefits, shall divide allproperties in the sanitary district abutting upon a street, road, lane, alley or right-of-wayin which a water pipe or sanitary sewer is to be laid into four classes, namely:agricultural, small acreage, industrial or business, and subdivision property; and theCounty may subdivide each of said classes in such manner as it may deem to be in thepublic interest. Whenever any water supply or sewerage project, or part thereof, in thesanitary district shall have been completed, the County shall fix and levy benefitassessments upon all properties in the sanitary district abutting upon said water main orsewer, in accordance with the classification or subdivision thereof, and shall, in writing,notify all owners of said properties into which class or subdivision their respectiveproperties fall and the charge determined upon, naming also in said notice a time andplace when and at which time said owner will be heard. Such notice may be mailed tothe last known address of the owner, or served in person upon any adult occupying thepremises or, in case of a vacant or unimproved property, be posted upon the premises.

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C. Levy of assessment. The classification of and the benefit assessed against any property asmade by the County shall be final, subject only to revision at said hearing. The Countymay change the classification of property from time to time as said properties change inthe uses to which they are put. Said benefits shall be levied for water supply, sewerage,and drainage construction and shall be based for each class of property upon the numberof front feet abutting upon the street, lane, road, alley or right-of-way in which the waterpipe or sewer is placed; provided, however, that in the case of any irregularly shaped lotabutting upon a road, street, lane, alley or right-of-way in which there is or is beingconstructed a water main, sewer or drainage system at any point, said lot shall beassessed for such frontage as the County may determine to be reasonable and fair; andprovided further that no lot in a subdivision property shall be assessed on more than oneside, unless said lot abuts upon two parallel streets, or unless said lot is a corner lot, ineither of which events said lot may be averaged and assessed upon such frontage as theCounty may deem reasonable and fair, and that all lots in the residential and industrial orbusiness classification shall be assessed even though a water main may not extend alongthe full length of any boundary; and provided, further, that no land so classified asagricultural by the County shall be assessed a front foot benefit when said agriculturalland has constructed through it or in front of it a sewer or water main until such time asthe water or sewer connection is made, and when so made and for every connection suchland shall become liable to a front foot assessment for such reasonable frontage notexceeding 300 feet, or as may be determined by the County, and shall be immediatelyassessed at the rate of assessment determined by the County for agricultural land.

D. Uniformity of assessment. Front foot benefit assessments for water supply and sewerageconstruction shall be as nearly uniform as is reasonably practical for each class orsubclass of property throughout the sanitary district for any one year and no benefitcharge, once levied, shall be increased; provided, however, that whenever the Countyacquires an existing system other than a municipal system, the construction of which hasbeen added in whole or in part to the purchase price of land or lots abutting upon saidsystem and which contribution the County has determined to be a factor in the cost to theCounty of such system, the County may, in its discretion, levy a front foot assessmentless than the uniform front foot assessment levied in the remainder of the sanitarydistrict.

E. Change in assessments. The amount of the assessment per front foot for each class ofproperty for both water mains, sewers and drainage systems may be reduced from time totime by the County in its discretion, if costs and conditions are deemed by it to justifysuch reduction, but may be subsequently increased in the amount of the originalassessment in the event revenues prove to be insufficient. Said benefit charge shall bepaid annually by all properties located as above specified, for a period of yearscoextensive with the period of maturity of the bonds out of the proceeds of which suchconstruction was done.

F. Connections. The County may at any time permit a connection with a water main orsewer by the property owner whose property does not abut upon a street, lane, road, alleyor right-of-way in which a water main or sewer is placed and who has not previouslypaid a benefit charge for the construction of said water main or sewer, provided theCounty shall classify said property and determine a front foot charge to be paid by saidproperty owner as though his or her property abutted upon a street, lane, road, alley or

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right-of-way in which a water main or sewer is placed; and in the event of suchconnection being made, said property owner and said property as to all charges, rates andbenefits shall stand in every respect in the same position as if the property abutted uponsuch street, lane, road, alley or right-of-way.

G. Liens.

(1) The annual benefit assessment or other charges as above specified shall be a firstlien upon the property against which they are assessed until paid, any statute oflimitations to the contrary notwithstanding, subject only to prior state and Countytaxes. If any property on which there is such a lien is sold for state and/or Countytaxes, or both, by the Director of Finance, and if after sale there is a surplus afterall costs and expenses incident to such sale shall have been paid, then the County,upon proper petition to the Circuit Court for said County, shall be allowed anybalance from said surplus, and shall be a preferred lienor to the extent of its lien;and for the purpose of giving notice to the general public as to existing liens andcharges against any property within the sanitary district, the County shall keep apublic record of all names of owners of property, locations of said property, lotnumbers when of record, and the amount of such benefit charges, water servicecharges or such other charges that may become liens from time to time. Saidrecords shall be kept in the County seat of government and among the land recordsof Cecil County, and the Clerk of the Circuit Court for said County shall furnishsuch space as may be necessary to keep and preserve such records, which, whenrecorded in the land records, shall be legal notice of all existing liens within thesanitary district. If any liens, benefit assessments or other charges remain unpaidfor 60 days after becoming due, they may be collected by a civil action to enforcesuch liens, and any judgment or decree obtained, where the defendants have beenserved by subpoena, or in any other manner provided by law, shall have the forceand effect of a judgment in personam; and the County may sue to enforce suchliens against the owner of record at the time said levy was made, or the owner ofrecord at the time said suit is filed or any owner of record between said dates, andpublication thereon shall be notice to all persons having any interest in saidproperty. If any liens, benefit assessments or other charges shall be not paid withinany fiscal year, the Director of Finance shall, upon certification of the County thatsaid lien, benefit assessment or other charge is unpaid, sell such property of thedelinquent taxpayer at the same time and in the same manner as other properties ata tax sale.

(2) The certification of the County shall be made to the Tax Collector at least 90 daysbefore tax sale and shall be in such form and shall contain such information as theTax Collector may require. The manner and procedure relative to such sales by theCollector of Taxes shall in all respects conform to the procedures relating to taxsales set forth in the Annotated Code of Maryland.

§ 97-18. Sanitary subdistricts. [1972, ch. 264, § 1]

In any area where the County determines that public sewer, water or drainage facilities areneeded and can be supplied by the County on a self-supporting basis, the County may

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prescribe boundary lines to encompass the area and it may refer to the area as a "sanitarysubdistrict." In that subdistrict, in lieu of front foot benefit assessments, the County mayimpose an equal benefit assessment on each of the properties, or a benefit assessment on eachof the properties calculated by a square footage benefit standard. The assessment shall be inwhatever amount is required to pay the total cost of providing and installing public utilitiesfor the sanitary subdistrict. Procedures as to public hearings and assessments shall beconducted as provided in § 97-17. If any lot owner in that sanitary subdistrict divides his lot,then water, sewer or drainage services shall be provided therefor, and the same assessmentshall be imposed on the divided lot as on other properties.

§ 97-19. Connection charges. [1972, ch. 739, § 2; 1991, ch. 309, § 1]

For the purpose of carrying out the provisions of this chapter, the County may make a chargefor every drainage, sewer and water connection. The funds derived from the charges may beused for payment of principal and interest on bonds or loans, accumulating funds for capitalimprovements, for acquisition and construction of water and drainage sewer systems and theoperation and maintenance thereof and for the purchase of equipment and supplies necessaryto the operation of the County. Connection charges shall be established from time to time bythe County. The connection charges may be based upon the reasonable classifications as theCounty may determine. The classifications may vary within any water, sewerage and drainagesystem and among any such systems depending on any special circumstances which theCounty finds exists. The charges shall not be limited to the costs to the County for making theconnections. The County may determine the manner in which the charges shall be payable.

§ 97-20. Service and upkeep charges. [1972, ch. 739, § 2; 1987, ch. 106, § 1; 1991, ch.309, § 1]

For the purpose of providing funds for maintaining, repairing and operating its water supply,sewerage or drainage systems, and for its operation and other expenses, including propertydepreciation allowances, and for interest on and the retirement of bonds as specified in thisarticle, and for paying loans entered under this chapter, the County may make the followingcharges:

A. A water and sewer service charge. The rates for water and sewer service shall consist ofa minimum or ready-to-serve charge, which shall be based upon the size of the meter onthe water connection leading to the property, and of a charge for water used, which shallbe based upon the amount of water passing through the meter during the period betweenthe last two readings. The meter shall be required to be placed on each water connectionby and at the sole expense of the County, and it shall remain the property of the County.The rates shall be uniform throughout each system operated by the County but theCounty may make classifications as it deems advisable within any system based uponquantities of water used. If the County at any time shall not have meters available toinstall in all the properties in a given locality that are connected to the system, then a flatrate shall be charged on properties in which meters have not yet been installed, whichrate shall be uniform in each sanitary system and based upon the ready-to-serve chargeand the amount of water used. Bills for water and sewer charges shall be sent quarterlyor semi-annually, as the County may determine, to each property served and shall be

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payable at the office of the Director of Finance or such other place as the County maydesignate. If any bill remains unpaid after 30 days from the date of sending, the County,after written notice left upon the premises or mailed to the last known address of theowner, shall turn off the water to the property in question; and the water shall not beturned on again until said bill has been paid, including a penalty of $25.

B. A charge for the construction and upkeep of drainage, water and sewer systems againstall properties benefited by such drainage system or having a connection with any watermain or sewer under its operation or ownership. The charge for the construction andupkeep of the drainage system and the water and sewer system, if any, shall be madeupon such reasonable basis as the County may determine and shall be collected annuallyin the same manner as are front foot benefit assessments against all property benefited bysuch drainage system or having a connection within a water main or sewer under theoperation or ownership of the County and shall be a lien against such property. Suchcharges shall be based upon such classifications as the County from time to time mayestablish and shall be uniform throughout each sanitary system within each suchclassification; provided, however, that no charge for the upkeep of water and sewersystems shall be made against any property in any year for which such property iscurrently subject to a front foot benefit assessment as elsewhere provided in this article.

§ 97-21. Charges to be lien; enforcement; due dates; interest. [1972, ch. 739, § 2; 1987,ch. 105, § 1; 1988, ch. 221, § 1]

A. Front foot benefit assessments, water and sewer system upkeep charges, connectioncharges, drainage charges and other charges which the County is empowered to makepursuant to the provisions of this chapter shall be liens upon the property served orbenefited.

B. The liens shall be subject only to liens for state and County taxes.

C. Charges shall be due when made and after 30 days from that date shall bear interest atthe rate of 1% per month.

D. Due dates and the interval between the dates need not be uniform throughout the sanitarydistrict.

E. Liens established by this section may be enforced in court by the County against theproperty served or benefited.

ARTICLE IIIBonds

§ 97-22. Procedure for issuance. [1972, ch. 739, § 2]

A. Issuance. For the purpose of providing funds for the design, construction, establishment,purchase, acquisition or condemnation of the water supply, sewerage and drainagesystems provided for by this chapter or to repay any loan entered under § 97-32 of thischapter, the County shall from time to time, as it deems necessary, issue bonds upon thefull faith and credit of the County. The County may pay the interest on any bonds it

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issues or the interest on any loan it enters out of the proceeds of the sale of the bonds,but not more than one year's interest may be so expended. [Amended 1991, ch. 309,§ 1]

B. Procedure. Except as hereinafter provided, the County shall offer such bonds only bysolicitation of competitive bids therefor, which offering shall be made in accordance withthe provisions of Sections 9 through 11 of Article 31 of the Annotated Code ofMaryland. The County shall, by ordinance or resolution, fix the terms and conditions ofthe public sale or sales of such bonds and such ordinance or resolution shall adoptsuitable forms of notice of such sale or sales which shall briefly outline the terms andconditions thereof in accordance with the provisions of this and the following sections. Inlieu of publishing the entire notice of sale, in any instance, the County may, if it soelects, in any such ordinance or resolution provide for the publication of a brief summaryof any such notice which need not contain all or any of the information called for bySection 10 of Article 31 of the Annotated Code of Maryland, but which shall state whereinterested parties may obtain a complete copy of any such notice of sale. Each suchnotice of sale may also contain a brief summary of pertinent current financial informationor indicate from whom such information may be obtained.

§ 97-23. Award of bid; sale of bonds; form and execution of bonds issued. [1972, ch.739, § 21 ]

Upon the day mentioned in any such notice of sale or summary thereof for opening the bidsfor the proposals thereby called for, the County shall receive such sealed proposals for thepurchase of such bonds as may be designated in the notice of sale or summary thereof.Subject to the provisions of § 97-27 of this chapter, upon the opening in public of such sealedproposals, the bonds shall be awarded by the County to the bidder or bidders therefor for cashwhose bid or bids are determined to be in the best interest of the County. If such bonds sooffered for sale are not bid for, or if any insufficient price be bid for them, they may besubsequently sold, in the discretion of the County, at a private sale upon the best terms thatcan be obtained for the same, provided that they shall not be sold at private sale for less thanpar and accrued interest. All payments of the purchase price of such bonds shall be made tothe Director of Finance. Such bonds shall be designated "Cecil County Sanitary DistrictBonds," and shall be serial bonds issued upon the serial maturity plan and shall be in suchform or forms, shall be of such denomination or denominations, and of such period ofmaturity, not exceeding 50 years, and bear such rate or rates of interest as the County may byordinance or resolution deem advisable. The bonds may be made redeemable, at the option ofthe County, at such price and under such terms and conditions as the County may determinein said ordinance or resolution. The bonds shall be executed on behalf of Cecil County,Maryland, by the County Executive, whose signature may be by facsimile, shall have thecorporate seal of the County affixed thereto and shall be authenticated and attested by themanual signature of the Director of Finance.


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§ 97-24. Bonds exempt from taxation. [1972, ch. 739, § 2]

The bonds issued pursuant to this chapter, their transfer, the interest payable thereon andincome derived therefrom in the hands of the holders thereof from time to time (including anyprofit made in the sale thereof) shall be and are hereby declared to be at all times exemptfrom taxation of every kind and nature whatsoever by the State of Maryland or by any of itspolitical subdivisions or by any town or incorporated municipality or by any other publicagency within the State of Maryland.

§ 97-25. Limit on total issue of bonds; referendum. [1972, ch. 739, § 2; 1991, ch. 309,§ 12 ]

At no time shall the total issue of bonds outstanding for any purpose under this chapter andthe total debt for loans entered under § 97-32 of this chapter exceed 15% of the total value ofproperty assessed for County taxation purposes.

§ 97-26. Payment of interest and principal; ad valorem tax. [1972, ch. 739, § 2]

The payment of interest on and principal of any bonds issued pursuant to this chapter shall beprovided from the funds received from the levy and collection of the benefit assessments andthe imposition of connection, service and other charges as hereinbefore in this chapterprovided in §§ 97-17 through 97-20, inclusive, hereof. To the extent that such funds from allsuch sources are insufficient to pay the principal or interest on any bonds issued under thischapter, the County in each and every fiscal year in which such bonds are outstanding shalllevy and collect ad valorem taxes upon all assessable property within the corporate limits ofCecil County in rate and amount sufficient to provide for such payments when due, and in theevent the proceeds from the taxes so levied in any fiscal year are inadequate for the abovepurposes, the County shall levy additional taxes in the succeeding fiscal year to make up anydeficiency. The Director of Finance is hereby required to collect the tax so levied, in the samemanner as state and County taxes are collected, and such tax shall bear the same interest andbe subject to the same penalties in the event of nonpayment as in the case of other Countytaxes.

§ 97-27. Consolidation of bond issues. [1972, ch. 739, § 2]

Whenever the County shall issue bonds under this chapter together with any other issue ofbonds for any public purpose, the County may, in its discretion, consolidate the bonds issuedhereunder with the issue or issues of bonds for any other public purpose. If such bond issuesare consolidated for sale, the County may require that bids for such consolidated issues ofbonds be submitted on an all-or-none basis. The provisions of this section shall apply to allCounty loans now or hereafter authorized notwithstanding any provisions contained in any actor acts expressly authorizing such loans, and all provisions of such act or acts, to the extent oftheir inconsistency with the provisions of this section, are hereby repealed.


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ARTICLE IVMiscellaneous Provisions

[Added 1991, ch. 309, § 1]

§ 97-28. Effect on prior district or commission. [1972, ch. 739, § 2; 1988, ch. 227, § 2]

A. In the event that a sanitary district or a sanitary commission (a body politic andcorporate) has been created in Cecil County prior to the effective date of this chapterpursuant to any provision of public general or public local law applicable to CecilCounty, such district or commission shall cease to exist as a body politic and corporateon the effective date of this chapter and it shall not thereafter be necessary for suchdistrict or commission to file any ordinances, resolutions, certificates or articles with anyperson or agency except as may specifically be provided in this chapter. Nothingcontained in this chapter shall be construed as impairing or affecting in any way thevalidity or enforceability of any proceeding or action taken, or any obligations orindebtedness incurred by such district or commission prior to the effective date of thischapter. In the event that a sanitary district shall have been created in Cecil County priorto the effective date of this chapter, any such sanitary district shall be merged into, andthereby become a part of, the area within which the County is authorized to exercise itspower and authority by this chapter, subject to the provisions of § 97-1 hereof; provided,however, that such merger shall in no way affect the security for any outstanding bonds.

B. All duties, contracts, debts, assets, real property and personal property of the CecilCounty Metropolitan Commission are hereby transferred to the County.

§ 97-29. Violations and penalties. [1972, ch. 739, § 2]

Every act or omission designated as a misdemeanor in this chapter, unless otherwise provided,shall be punishable by the District Court of Cecil County, and the offender, upon conviction,is subject to a fine not exceeding $100 or to confinement in the County jail for not more than30 days, or both, in the discretion of the District Court. If the act or omission is of acontinuing nature and is persisted in, in violation of the provisions of this chapter or of anyrule or regulation formulated thereunder, a conviction for one offense shall not be a bar to theconviction for a continuation of such offense subsequent to the first or any succeedingconviction.

§ 97-30. Regulations for administration and enforcement. [1972, ch. 739, § 2; 1988, ch.227, § 2]

The County may prescribe all needed rules and regulations for the administration andenforcement of this chapter. In addition to its own power to adopt appropriate rules andregulations, the County may adopt and enforce regulations of the Secretary of theEnvironment and/or the Cecil County Health Officer fixing standards of construction forsanitary facilities or installations. Prior to the adoption of any such rules and regulations otherthan those of the Secretary of the Environment or the Cecil County Health Officer, the Countyshall give public notice of the rules and regulations which it proposes to adopt by publishingthe same in at least one newspaper of general circulation published in Cecil County at least

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twice not less than 15 days prior to a public hearing, the date, time and place of which shallbe specified in such notice.

§ 97-31. Effect of provisions on other laws. [1972, ch. 739, § 2]

All acts or parts of acts inconsistent with the provisions of this chapter are repealed to theextent of their inconsistency; provided, however, nothing herein contained shall be taken asrestricting any control which the State Board of Health and the Department of Geology,Mines and Water Resources are empowered to exercise in the sanitary district.

§ 97-32. State loan program.

A. For the purpose of providing funds for the design, construction, establishment, purchase,acquisition or condemnation of the water supply, sewerage and drainage systemsprovided for by this chapter, the County may participate in a state loan program ornegotiate and enter a loan agreement to borrow money for a period not exceeding 30years with a state-chartered financial institution or a financial institution chartered underfederal law.

B. At no time may the total debt for loans entered under this section and the total issue ofbonds issued under this chapter exceed 15% of the total value of property assessed forCounty taxation purposes.

C. Payment of the principal and interest on a loan entered under this section shall beprovided by the funds received from the levy and collection of the benefit assessmentsand the imposition of connection, service and other charges made under this chapter. Iffunds collected under this chapter are insufficient to pay the principal and interest on aloan taken under this section, the County shall set the County property tax at a rateadequate to make the payments when due.

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Chapter 101

SCHOOLS § 101-1. Schools not receiving state aid; § 101-2. Traveling expenses for members bus service. of Board of Education.


§ 101-1. Schools not receiving state aid; bus service. [1961 Code, § 436; 1970 Code, Sec.20-1]

All children who attend schools in Cecil County which do not receive state aid, and whoreside on or along or near to the public highways of Cecil County, on which there is now orhereafter operated a public school bus or conveyance provided by the Board of Education ofCecil County for transporting children to and from the public schools of Cecil County, shallbe entitled to transportation on the buses or conveyances. The same shall be provided forthem by the Board of Education of Cecil County, subject to the conditions hereinafter setforth, from a point on the public highway nearest or most accessible to their respective homesto and from any of such schools as may be located within a town which the bus orconveyance is serving. Such transportation shall be provided by the Board of Education asaforesaid for all the children attending schools described herein, upon the same terms andconditions as now are or as may be hereafter established by the Board of Education of CecilCounty for children attending public schools.

§ 101-2. Traveling expenses for members of Board of Education. [1961 Code, § 437;1970 Code, Sec. 20-2]

Each member of the County Board of Education of Cecil County shall receive annually thesum of $600 for traveling and other expenses incident to attending the meetings andtransacting the business of said Board.

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Chapter 105

SEAL AND FLAG

ARTICLE I ARTICLE IIOfficial Seal Official Color and Flag

§ 105-1. Description. § 105-3. Affirming of color and flag.

§ 105-2. Copyright and guidelines for use.


ARTICLE IOfficial Seal


§ 105-1. Description. [Amended 5-20-2008 by Ord. No. 2008-01]

The Official Seal for the County shall consist of a river scene which will reflect the wateritself, together with a scene of the sky, and on which shall be shown a male mallard duck inflight, and underneath the male duck shall be a female mallard duck also in flight. In addition,to the left of the heads of the ducks in flight shall be shown a cluster of cattails and reeds. Inaddition, a thin black and orange border line shall surround the scene described above,surrounded by a crimson red border with "Cecil County" in white letters symmetricallylocated around the top of the border and "1674" in white located horizontally across thebottom of the border, and a thin black and orange border line surrounding the entire Seal.

§ 105-2. Copyright and guidelines for use. [Added 7-19-2011 by Ord. No. 2011-09]

A. A certificate of registration was issued under the seal of the Copyright Office inaccordance with Title 17, United States Code, and attests that registration has been madefor the County Seal. The effective date of registration is November 15, 2010.

B. The Cecil County Council shall by resolution develop guidelines for use of the CountySeal.

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ARTICLE IIOfficial Color and Flag


§ 105-3. Affirming of color and flag. [1974, ch. 285, § 1; 1970 Code, Sec. 32-111 ]

Crimson is reaffirmed as the official County color and the official color of the flag of CecilCounty.


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Chapter 110

TAXING DISTRICTS, SPECIAL

ARTICLE I ARTICLE IIICrystal Beach Manor Road Construction Districts

§ 110-1. Boundaries. § 110-12. Establishment.

§ 110-2. Administration. § 110-13. Procedure for establishment.

§ 110-3. Funds for roads and drainage. § 110-14. Determination by Council.

§ 110-4. Tax levy; collection. § 110-15. Contracts with owners.

§ 110-5. Transfer of roads to County. § 110-16. Completion of project.

§ 110-6. Right of entry; violations and § 110-17. Inclusion in County road penalties. system.

§ 110-18. Minimum right-of-way width.ARTICLE II

Octoraro Lakes ARTICLE IVWinding Brook

§ 110-7. Boundaries.

§ 110-8. Administration. § 110-19. Establishment and boundaries.

§ 110-9. Funds for roads and drainage. § 110-20. Purpose.

§ 110-10. Tax levy; collection. § 110-21. Administration.

§ 110-11. Transfer of roads to County. § 110-22. Levy of tax.


GENERAL REFERENCES


ARTICLE ICrystal Beach Manor

[Adopted as indicated in text (Ch. 75, Art. I, of the 1990 Code of Public Local Laws)]

§ 110-1. Boundaries. [1980, ch. 673, § 1]

There is a Crystal Beach Manor Special Taxing District with boundaries as follows:

Beginning for the same at the point of intersection of the westernmost line of the entranceroad (40 feet wide) to Crystal Beach Manor, Inc., and the division line between the lands nowor formerly of Olive W. Buckworth (see W.A.S. 103/ 471) and the herein described lands,the beginning point being located north 72 degrees 44 minutes 25 seconds west 40.12 feetfrom a concrete monument set in the aforementioned Buckworth division line;

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Thence, leaving the beginning point so fixed and binding on the aforementioned division line,south 72 degrees 44 minutes 25 seconds east 1376.65 feet to a concrete monument set;

Thence, leaving the concrete monument and binding on the division line between the landsnow or formerly of Russell L. Price (see W.A.S. 102/ 262), and the herein described lands,south 21 degrees 11 minutes 21 seconds west 2,363.23 feet to a United States EngineeringDepartment concrete monument marked B-C found;

Thence, leaving the monument and binding on the division lines between the lands now orformerly of the United States of America and the herein described lands, the following 13courses and distances; north 60 degrees 50 minutes 41 seconds west 718.32 feet to a U.S.E.D.pipe marked B-8 found, north 07 degrees 48 minutes 35 seconds west 234.22 feet to aU.S.E.D. pipe marked B-7 found, south 81 degrees 47 minutes 05 seconds west 687.89 feet toa U.S.E.D. pipe marked B-6 found, south 17 degrees 09 minutes 55 seconds east 309.00 feetto a point, south 45 degrees 27 minutes 05 seconds west 230.23 feet to a point, south 66degrees 58 minutes 05 seconds west 300.00 feet to a point, south 81 degrees 17 minutes 05seconds west 507.00 feet to a point, north 77 degrees 00 minutes 55 seconds west 168.00 feetto a point, north 34 degrees 21 minutes 55 seconds west 177.86 feet to a point, south 87degrees 20 minutes 05 seconds west 251.00 feet to a point, south 18 degrees 07 minutes 05seconds west 248.00 feet to a point, south 72 degrees 06 minutes 05 seconds west 291.00 feetto a point and north 39 degrees 56 minutes 55 seconds west 421.00 feet to a point;

Thence, leaving the point and binding on the outline of the existing boat basin, the followingtwo courses and distances; north 01 degrees 10 minutes 15 seconds west 631.86 feet to a pointand north 71 degrees 13 minutes 19 seconds west 105.62 feet to the mean high water line ofthe Elk River;

Thence, leaving the point and binding on the mean high water line of the Elk River in anortheasterly direction to a point, the point being located north 17 degrees 26 minutes 36seconds east 1,995.09 feet from the end of the north 71 degrees 13 minutes 19 seconds west105.62 feet line;

Thence, leaving the point and binding on the division line between the lands of White CrystalBeach and the herein described lands, south 73 degrees 32 minutes 06 seconds east 150.00feet to an iron pipe in concrete found and still continuing along the south 73 degrees 32minutes 06 seconds east line 438.76 feet (total 588.76 feet) to an iron pipe in concrete found;

Thence, leaving the point and still binding on the division line between White Crystal Beachand the herein described lands, north 16 degrees 33 minutes 10 seconds east 1318.87 feet to apoint;

Thence, leaving the point and binding on the southernmost line of Crystal Beach Boulevard(40 feet wide) the following two courses and distances: south 72 degrees 59 minutes 48seconds east 1,055.99 feet to a point and south 73 degrees 25 minutes 24 seconds east 584.43feet to a point in the westernmost line of the aforementioned entrance road to Crystal BeachManor;

Thence, leaving the point and binding on the aforesaid line south 12 degrees 49 minutes 19seconds west 595.34 feet to the place of beginning.

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§ 110-1 TAXING DISTRICTS, SPECIAL § 110-6

In addition, the special taxing area shall include those portions of the plat of a certain surveynumbered E5907 of J.R. McCrone, Jr., Inc., registered land surveyor, dated August 2, 1971,dedicated or used for public or private road purposes and shall specifically include theroadbeds as set forth on the plat and as they presently exist on Crystal Beach Boulevard andthe entrance road, each being approximately 40 feet wide. The special taxing area shallinclude also the boat basin as shown on the plat and/or the marina that presently exists.

§ 110-2. Administration. [1980, ch. 673, § 1; 1988, ch. 227, § 2]

For the purpose of administering the district, the Cecil County Council constitutes the DistrictBoard. The District Board is a body corporate by the name of the "Crystal Beach ManorSpecial Taxing District," with the right to use a common seal, to sue and be sued and to doany and all other corporate acts for the purpose of carrying out the provisions of this article.

§ 110-3. Funds for roads and drainage. [1980, ch. 673, § 1; 1988, ch. 227, § 2]

For the purpose of providing funds for the design, construction, establishment andimprovement of roads and drainage in the district:

A. Cecil County may issue bonds upon the full faith and credit of the County; and/or

B. The District Board may borrow funds from any source.

§ 110-4. Tax levy; collection. [1980, ch. 673, § 1; 1988, ch. 227, § 2]

The County shall levy annually upon the property owners in the district a sum sufficient torepay whatever bonds are issued by the County, the funds from which are used for districtpurposes. This levy shall be collected as all other taxes in the County are collected and shallbe paid over to the Director of Finance for the sole purpose of amortizing the bond issue orissues specified in § 110-3.

§ 110-5. Transfer of roads to County. [1980, ch. 673, § 1]

Money may not be expended until there is a binding agreement that all privately owned roadscommonly used by the public at large are deeded to the County after they have been broughtup to appropriate standards.

§ 110-6. Right of entry; violations and penalties. [1980, ch. 673, § 1]

A. Any employee or agent of the District Board has the right of entry at all reasonable hoursupon any privately owned land in the district while in pursuit of his official duties, uponfirst presenting proper credentials from the District Board. Any restraint or hindranceoffered to such entry by any owner, tenants, agent of the owner or other person isprohibited.

B. Any person who violates the provisions of this section is guilty of a misdemeanor and issubject to a fine of $100 for each occurrence.

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ARTICLE IIOctoraro Lakes

[Adopted as indicated in text (Ch. 75, Art. II, of the 1990 Code of Public Local Laws)]

§ 110-7. Boundaries. [1984, ch. 278, § 1]

There is an Octoraro Lakes Special Taxing District with boundaries as follows:

Beginning for the same at a point at or near to the center of the road leading from NewBridge to Rock Spring, and very near the intersection of said center line with the center lineof an unimproved road called Roup Road, the beginning being the northerlymost corner ofthat whole tract conveyed by and described in a deed from Burnie Gouge to William H.Donaghue and Violet E. Donaghue, his wife, dated January 23, 1956, and recorded among theland records of Cecil County in Liber W.A.S., No. 24, Folio 158, thence leaving the aforesaidroad from New Bridge to Rock Springs and binding on or near Roup Road, south 75 degrees12 minutes 00 seconds west 650.00 feet to a pipe heretofore set; thence leaving the road andrunning south 12 degrees 51 minutes 47 seconds east 194.94 feet to a tree standing at a fencecorner; thence running south 63 degrees 37 minutes 05 seconds west 267.52 feet to a cornerpost; thence running south 44 degrees 00 minutes 41 seconds east 392.66 feet to a poststanding at the corner of a woods; thence running south 17 degrees 50 minutes 42 secondswest 348.30 feet to a stone at the end of a stone wall; thence running and binding on saidstone wall and in the center of an old hedgerow, south 82 degrees 17 minutes 56 seconds west436.95 feet to a post; thence binding on an old fence and on the center of a hedgerow, south03 degrees 26 minutes 16 seconds east 621.46 feet to a post; thence running south 27 degrees34 minutes 24 seconds east 807.52 feet to a pipe heretofore set near the northerly bank ofOctoraro Creek and at a corner of the lands of the Chester Municipal Authority; thencerunning and binding on the lands of the Chester Municipal Authority, and generally parallel toOctoraro Creek, 16 courses, viz.: north 78 degrees 33 minutes 59 seconds east 490.25 feet,south 69 degrees 53 minutes 25 seconds east 234.00 feet, north 88 degrees 21 minutes 35seconds east 356.40 feet, north 62 degrees 11 minutes 35 seconds east 600.90 feet, north 69degrees 56 minutes 35 seconds east 197.60 feet, north 78 degrees 36 minutes 35 seconds east292.80 feet, north 88 degrees 11 minutes 35 seconds east 331.20 feet, south 71 degrees 03minutes 25 seconds east 596.60 feet, south 26 degrees 28 minutes 25 seconds east 315.40 feet,south 39 degrees 58 minutes 25 seconds east 1,123.00 feet, north 89 degrees 31 minutes 35seconds east 412.50 feet, north 35 degrees 51 minutes 35 seconds east 488.50 feet, north 00degrees 28 minutes 25 seconds west 935.10 feet, north 12 degrees 48 minutes 25 secondswest 247.50 feet, north 36 degrees 48 minutes 25 seconds west 948.40 feet and north 49degrees 03 minutes 25 seconds west 534.06 feet to a pile of stones at a corner of theBaumgartner lands; thence leaving the lands of the Chester Municipal Authority and bindingon the Baumgartner lands, south 71 degrees 45 minutes 00 seconds west 2,147.94 feet to apipe heretofore set at a fence corner; thence still binding on the Baumgartner lands, north 31degrees 00 minutes 00 seconds west 1,558.00 feet to the beginning hereof. Containing182.831 acres of land, more or less, in accordance with a survey made by Frederick WardAssociates, registered land surveyors, Bel Air, Maryland, dated July 27, 1963.

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§ 110-8. Administration. [1984, ch. 278, § 1; 1988, ch. 227, § 2]

For the purpose of administering the district, the Cecil County Council constitutes the DistrictBoard. The District Board is a body corporate by the name of the "Octoraro Lakes SpecialTaxing District," with the right to use a common seal, to sue and be sued, and to do any andall other corporate acts for the purpose of carrying out the provisions of this article.

§ 110-9. Funds for roads and drainage. [1984, ch. 278, § 1; 1988, ch. 227, § 2]

For the purpose of providing funds for the design, construction, establishment, andimprovement of roads and drainage in the district:

A. Cecil County may issue bonds upon the full faith and credit of the County; and/or

B. The District Board may borrow funds from any source.

§ 110-10. Tax levy; collection. [1984, ch. 278, § 1; 1988, ch. 227, § 2]

The County shall levy annually upon the property owners in the district a sum sufficient torepay whatever bonds are issued by the Council, the funds from which are used for districtpurposes. This levy shall be collected as all other taxes in the County are collected and shallbe paid over to the Director of Finance for the sole purpose of amortizing the bond issue orissues specified in § 110-9.

§ 110-11. Transfer of roads to County. [1984, ch. 278, § 1]

Money may not be expended until there is a binding agreement that all privately owned roadscommonly used by the public at large are deeded to the County after they have been broughtup to appropriate standards.

ARTICLE IIIRoad Construction Districts

[Adopted 1996, ch. 658, § 1 (Ch. 75, Art. III, of the 1990 Code of Public Local Laws)]

§ 110-12. Establishment.

If at least 2/3 of property owners in a proposed road construction district present a writtenpetition to the Cecil County Council requesting the creation of a road construction district forroad construction or repair projects, the Cecil County Council may, by ordinance, establish aroad construction district.

§ 110-13. Procedure for establishment.

A. On receipt of a written petition under § 110-12 of this article, the Cecil County Councilshall conduct a public hearing to consider the petition.

B. Notice of the time and location of the public hearing shall be provided by:

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(1) First-class mail to each owner of property within the proposed road constructiondistrict, at the address listed on the assessment records; and

(2) Notice in a newspaper of general circulation in the County for two consecutiveweeks.

C. At a public hearing conducted under this section, the Cecil County Council shalldetermine:

(1) The scope of the project and advise the property owners of the approximate costand estimated individual levies for the project;

(2) The feasibility of including the road in the County road system and assuming theroad construction or repair project;

(3) Whether the road is able to be included in the County road system under § 110-17of this article upon completion of the project; and

(4) Whether to proceed with plans and specifications for the project and to set a datefor a final hearing that may only be changed pursuant to notice provided under thissection.

§ 110-14. Determination by Council.

At a final hearing conducted under this section, the Cecil County Council may:

A. Establish the district and designate the area within the road construction district;

B. Establish the project scope and cost estimate;

C. Establish the estimated individual levies based on the benefits accruing to each of the lotsor parcels of land in the road construction district to the extent it is benefitted by the roadconstruction;

D. Determine if interest is to be charged and the rate of the interest;1

E. Determine the time period for property owners to reimburse the County for its costs.

§ 110-15. Contracts with owners.

Cecil County may contract with owners for the purchase of land required for use inconnection with a road construction district.

§ 110-16. Completion of project.

Upon completion of the project, the Cecil County Council may:

1. Editor's Note: Original § 75-12C(5), regarding advertising for public bids and contracting with the lowest responsiblebidder, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, GeneralProvisions, Art. I).

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A. Fix and levy a benefit charge on all real property within the road construction districtthat is sufficient to meet the costs of the project, including interest paid andadministrative, notice, and advertisement costs; and

B. Establish the benefit charge levied under Subsection A of this section to be a lien on thereal property that is assessed and to be paid annually in the same manner as County taxesby all property owners in the road construction district for the period of time establishedby the Cecil County Council.

§ 110-17. Inclusion in County road system.

If a road construction project is completed according to County specifications, the road shallbe included as part of the County road system.

§ 110-18. Minimum right-of-way width.

The minimum right-of-way that may be purchased under this article is 30 feet.

ARTICLE IVWinding Brook

[Adopted 2001, ch. 22, § 1 (Ch. 75, Art. IV, of the 1990 Code of Public Local Laws)]

§ 110-19. Establishment and boundaries.

There is a Winding Brook Special Taxing District located on the north side of FletchwoodRoad (Maryland Route 277) at its intersection with Chestnut Drive, in Census Tract 306.02and in the fourth election district of Cecil County and bounded by the MeadowviewSubdivision to the south, the West Creek Village Shops and the West Creek VillageApartments to the east, the E.I. DuPont property to the north, and the West Creek VillageSubdivision to the west.

§ 110-20. Purpose.

The purpose of the Winding Brook Special Taxing District is to pay the costs of trashcollection, mowing of common areas, and general maintenance in the district.

§ 110-21. Administration.

For the purposes of administering the district, the Cecil County Council constitutes theDistrict Board. The District Board is a body corporate by the name of "Winding BrookSpecial Taxing District," with the right to use a common seal, to sue and be sued, and to doany and all other corporate acts for the purpose of carrying out the provisions of this article.

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§ 110-22. Levy of tax.

Cecil County shall levy annually upon the property in the Winding Brook Special TaxingDistrict a sum sufficient to pay the costs of trash collection, mowing of common areas, andgeneral maintenance of the district. This levy shall be collected as all other taxes in theCounty are collected and shall be paid over to the Director of Finance.

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Chapter 115

UNION HOSPITAL CONTRIBUTIONS § 115-1. Authorized contributions.


§ 115-1. Authorized contributions. [1961 Code, § 229; 1970 Code, Sec. 1-2; 1988, ch.227, § 21 ]

Pursuant to the budget process established in the Charter, the County may appropriate andcontribute annually to the Union Hospital of Cecil County, for the support and maintenancethereof, such sum of money as the County considers proper and necessary; and the Countymay levy annually by taxation for such sums as may be appropriated by the County under theprovisions of this section in the annual levies for taxation in Cecil County.


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P RT IIA

GENERAL

LEGISLA IONT

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Chapter 130

ALCOHOLIC BEVERAGES

ARTICLE ILocation of Premises

§ 130-1. Zoning certificate of compliancerequired.


ARTICLE ILocation of Premises


§ 130-1. Zoning certificate of compliance required.

All applications for alcoholic beverage licenses submitted to the Board of LicenseCommissioners of the County for premises not currently licensed for the sale of alcoholicbeverages shall be accompanied by a written certification, signed by the Zoning Inspector orby the Zoning Board, stating that the sale of alcoholic beverages upon the premises sought tobe licensed would not violate any zoning rule or regulation as the same may from time to timeexist under and by virtue of this Code or other ordinance.

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Chapter 136

AMUSEMENT AND VENDING MACHINES § 136-1. License required for amusement § 136-3. Tags and stickers.

machines, jukeboxes or § 136-4. Display of tags and stickers. mechanical devices.

§ 136-5. Violations and penalties.§ 136-2. License required for tobacco products vending machines.


§ 136-1. License required for amusement machines, jukeboxes or mechanical devices.[1961 Code, § 122; 1970 Code, Sec. 1-14(a); 1982, ch. 455, § 1; 1988, ch. 227, § 2]

Every person, firm, association or corporation keeping, maintaining or operating for publicentertainment or amusement within Cecil County any pinball machine (console or other),electrical game, shuffleboard, mechanical bowling game, jukebox or other mechanical musicaldevice, or any similar device whose operation requires the insertion of a coin or token, shallobtain a license from the County for each device. The fee for the license shall be set byresolution of the Council.

§ 136-2. License required for tobacco products vending machines. [1961 Code, § 122;1970 Code, Sec. 1-14(b); 1982, ch. 455, § 1; 1984, ch. 241, § 1; 1988, ch. 227, § 21 ]

Every person, firm, association or corporation distributing cigarettes and other tobaccoproducts by means of a vending machine shall obtain a license from the County for eachmachine, and shall pay annually a fee set by resolution for each license.

§ 136-3. Tags and stickers. [1961 Code, § 122; 1970 Code, Sec. 1-14(c); 1982, ch. 455,§ 1; 1988, ch. 227, § 2]

Every machine or device required to be licensed under this chapter shall bear a tag or stickerissued by the County.

§ 136-4. Display of tags and stickers. [1961 Code, § 122; 1970 Code, Sec. 1-14(d); 1982,ch. 455, § 1; 1984, ch. 241, § 1 1988, ch. 227, § 2]

It is unlawful to own, operate, keep, or maintain a machine required to be licensed under thischapter without displaying the required tag or sticker. It is unlawful to maintain anestablishment containing a machine required to be licensed under this chapter withoutdisplaying a tag or sticker for each machine. The owner of the machine, the proprietor, and


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the manager of the establishment may be prosecuted for violating the requirement toprominently display a tag or sticker for each machine required to be licensed.

§ 136-5. Violations and penalties. [1961 Code, § 122; 1970 Code, Sec. 1-14(e); 1982, ch.455, § 1; 1988, ch. 227, § 22 ]

Each violation of the provisions of this chapter is a misdemeanor punishable by fine of notmore than $1,000 and imprisonment for not more than 90 days for each day of the violation.


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Chapter 142

ANIMAL CARE AND CONTROL

ARTICLE I ARTICLE VDefinitions Rabies Control

§ 142-1. Terms defined. § 142-14. Standards; immunization required.

ARTICLE II § 142-15. Reports of animal bites. Animal Care and Control Oversight § 142-16. Responsibilities of

Commission veterinarians.

§ 142-2. Appointments; terms;ARTICLE VIcompensation; officers;

Standards for Care and Keeping of meetings.Animals


§ 142-4. Quarterly review of records; § 142-17. Proper shelter and care. report to governing body. § 142-18. Neglect and cruelty.

§ 142-19. Animal behavior and actions. ARTICLE III

§ 142-20. Restraint. Animal Care and Control Authority § 142-21. Female dogs in estrus (heat).

§ 142-5. Powers and duties regarding § 142-22. Animal waste; dead or state and County laws; fees. decaying animals. § 142-6. Enforcement.

ARTICLE VII§ 142-7. Impoundment of nondangerousKennels, Catteries and Pet Shops dogs.

§ 142-8. Redemption of impounded§ 142-23. License requirements and nondangerous dogs. restrictions.

§ 142-9. Impoundment and redemption§ 142-24. Commercial kennels and of dangerous dogs. catteries.

§ 142-10. Reporting requirements.§ 142-25. Hobby kennels.

§ 142-26. Boarding kennels.ARTICLE IVPublic Safety § 142-27. IRS-defined nonprofit canine

rescue kennels.§ 142-11. Health certificates. § 142-28. Pet shop standards. § 142-12. State requirements for § 142-29. Kennel, cattery or pet shop dangerous dogs. closure.§ 142-13. Additional requirements for dangerous dogs.

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ARTICLE VIII § 142-37. Dangerous wild animals. Licensing § 142-38. Effective date.

§ 142-30. General licensing. ARTICLE X§ 142-31. Commercial kennel and cattery Fines and Penalties licensing.

§ 142-39. Violations and penalties. § 142-32. Hobby kennel licensing.

§ 142-33. Boarding kennel licensing.ARTICLE XI § 142-34. Pet shop licensing.

Standards to Govern§ 142-35. Tags and collars.

§ 142-40. Contract abrogation provision.ARTICLE IX

Additional Provisions

§ 142-36. Other regulated activities.

[HISTORY: Adopted by the Board of County Commissioners (now County Council) ofCecil County 7-17-2012 by Ord. No. 2011-02. Amendments noted where applicable.]

GENERAL REFERENCES

Foxes — See Ch. 209.

ARTICLE IDefinitions

§ 142-1. Terms defined.

As used in this chapter, the following terms have the meanings indicated. Any term notdefined in this chapter shall have the meaning as defined in any other ordinance of the Code.Any term not defined in the Code shall have its generally accepted meaning.

ANIMAL ABANDONMENT — Any owner of a domesticated animal who does nothumanely dispose of the animal or transfer ownership to some responsible person whenownership is no longer desired.

ANIMAL CARE AND CONTROL AUTHORITY (ACCA) — The organization(s),agency(s), department(s) or corporation(s) designated by the Cecil County government toadminister and enforce the provisions of this code and/or to administer the County'sdesignated animal center.

ANIMAL CARE AND CONTROL CENTER — The facility operated by or on behalf of theCecil County government for the purpose of impounding animals under authority of thischapter or state law for care, confinement, redemption, adoption, or euthanasia.

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§ 142-1 ANIMAL CARE AND CONTROL § 142-1

ANIMAL CARE AND CONTROL OFFICERS — The person or persons authorized onbehalf of the Cecil County government or by the ACCA to enforce this chapter and applicablestate laws on behalf of Cecil County.

ANIMAL CARE AND CONTROL OVERSIGHT COMMISSION — The Commissionappointed by the Cecil County government with powers and duties specified in §§ 142-2,142-3 and 142-4 of this chapter.

ANIMALS EXPOSED TO RABIES — An animal that is known or is suspected to have hada bite from or non-bite contact with another animal that is known or suspected to be infectedwith rabies (COMAR 10.06.02).

ANIMAL SHELTER — Any facility operated by a humane organization, tax-exemptorganization, or municipal agency, or its authorized agents for the purpose of impounding orcaring for animals.

AT LARGE — Any animal not under effective control or unrestrained while not on itsowner's property.

AUCTIONS — Any place or facility where animals are bought, sold, or traded through a bidprocess, except for those facilities otherwise defined in this chapter. This definition does notapply to individual sales of animals by owners.

BOARDING — Keeping an animal overnight in a commercial establishment used for thekeeping of animals.

CATTERY — Any person, group of persons, association or corporation that engages inbuying or selling cats and breeds three or more litters within a twelve-month period forcompensation.

CRUELTY — The unnecessary or unjustifiable physical pain or suffering caused or allowedby an act, omission or neglect. Cruelty includes torture and torment.

CUSTODIAN — Any person, partnership or corporation that provides food, shelter and carefor an animal in the absence of the owner.

DANGEROUS OR VICIOUS DOG — See § 142-12. A dangerous dog as defined by§ 10-619 of the Criminal Law Article of the Annotated Code of Maryland.

DANGEROUS WILD ANIMAL — As defined in § 10-621 of the Criminal Law Article ofthe Annotated Code of Maryland.

DOMESTIC ANIMAL — Animals which, through extremely long association with humans,have been bred to a degree which has resulted in genetic changes affecting the temperament,color, conformation, or other attributes of the species to an extent that makes them unique anddistinguishable from wild individuals of their species. Domestic animals include but are notlimited to pets such as dogs, cats, rabbits, guinea pigs, hamsters, and other small rodents,European ferrets and hedgehogs, nonpoisonous reptiles, and amphibians, parakeets, cockatielsand other commercially raised birds.

EFFECTIVE TEMPERATURE — The temperature as affected by meteorological conditions,such as wind chill, sun or rain.

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FACILITY — A building or property, other than a private residence, in which animals aremaintained.

HARBOR — The act of feeding or sheltering an animal for three or more consecutive daysor parts of days.

HEALTH CERTIFICATE — A legible certificate on an official form approved andauthorized by the Health Officer of the state of origin or the U.S. Department of Agriculture.

HEALTH OFFICER — The person in charge of the Cecil County Health Department.

KENNEL, BOARDING — A commercial establishment used for the purpose of housinganimals overnight. Medical boarding in veterinary hospitals is not included.

KENNEL, COMMERCIAL — Any person, group of persons, association or corporationengaged in the business of breeding three or more litters within a twelve-month period,buying or selling dogs for compensation.

KENNEL, HOBBY — An organization or individual which or who owns or houses no lessthan 10 dogs and no more than 20 dogs, over the age of four months, kept for practicalpurposes, including, but not limited to, hunting and tracking. A hobby kennel does not meetthe definition of a "commercial kennel" and no more than two litters shall be bred and soldwithin a twelve-month period.

KENNEL, IRS-DEFINED NONPROFIT CANINE RESCUE — Any facility, structure,house, or other building that is owned, operated or maintained by an IRS-defined nonprofitcanine rescue group/organization that provides shelter, humane care and treatment forunowned or unwanted dogs, while attempting to find permanent, adoptive homes for thosedogs or serves as those dog's permanent home.

MARYLAND PUBLIC HEALTH VETERINARIAN — The veterinarian so designated bythe Maryland Department of Health and Mental Hygiene.

MOLEST — To interfere with freedom of movement.

NEGLECT — An act of omission or commission whereby an animal is deprived of access tofresh, potable water, nutritious food in sufficient quantity, shelter, shade, air, veterinary careor sanitary conditions, or is otherwise confined, thereby causing a lack of freedom ofmovement adequate to ensure access to any of the above (necessary veterinary care, properdrink, air, space, and shelter or protection from the weather).

NOTIFY or NOTIFICATION — To use every reasonable attempt to make contact, including,but not limited to, any of the following: telephone, U.S. mail, posting of the property in aconspicuous place or e-mail.

OWNER — Any adult person, partnership, or corporation owning, keeping, harboring, orhaving custody (either temporarily or permanently) of one or more animals.

PET — A domesticated animal kept for pleasure rather than utility.

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PET SHOP — Any commercial establishment that sells live animals with the intent that theybe kept as pets, whether as a separate operation or in connection with any other businessenterprise.

PRACTICAL — Pertaining to or concerned with ordinary activities, business, or work.

PUBLIC NUISANCE ANIMAL — Any animal, or animals, that unreasonably interferes withthe rights of citizens to enjoyment of life or property. The term "public nuisance animal" shallmean and include, but is not limited to, any animal which:

A. Continues to molest passersby or passing vehicles; or

B. Is repeatedly at large, or is a stray; or

C. Continues to damage private or public property; or

D. Continues to disturb the neighbors or the community (including, but not limited to,continued and repeated howling, barking, whining, or other utterances), causingunreasonable annoyance, disturbance, or discomfort to neighbors or others in closeproximity to the premises where the animal is kept or harbored; or

E. Is found to be in violation of dangerous animal restraint requirements.

PUBLIC NUISANCE FACILITY OR RESIDENCE — Any residence or facility whoseowner or inhabitant(s) has received three or more nuisance citations for the same or differentnuisances within the previous 24 months.

PURSUE — To follow in order to capture, contain or, if necessary, destroy.

QUARANTINE — Pursuant to an order of the Public Health Veterinarian or local HealthOfficer and on the private premises of the owner or custodian of the animal or at aHealth-Department-approved facility, confinement of an animal by leash, an escape-proofenclosure, or another manner, approved in writing by the Public Health Veterinarian or localHealth Officer, that ensures protection of the public health (COMAR 10.06.02).

RESPONSIBLE PERSON — A person who could reasonably be expected to be capable ofeffectively controlling the animal in question.

RESTRAINT — Any animal secured and under effective control of a responsible person bymeans such as a leash or lead or within the real property limits of its owner. An animal whichthreatens bodily injury is not under "restraint."

SANITARY — A condition of good order and cleanliness which minimizes the probabilityof transmission of disease and does not cause a fouling of the air which would be deemedoffensive to neighbors or other persons in close proximity to the area. For this definition,"fouling of the air" shall not apply to a working farm, provided that normal and customaryfarming practices are in use.

SECURE ENCLOSURE — A fenced area or building from which a dog cannot escape or beaccidentally released and which cannot be entered by animals or unauthorized persons. (Aninvisible electric fence is not considered a secure enclosure for vicious or dangerous animals.)

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STRAY — A domesticated animal that is running at large without identification or a doglicense.

ZOOLOGICAL PARK — Any property displaying, harboring, or exhibiting one or morespecies of wild or exotic animals owned by a person, partnership, corporation, orgovernmental agency and shall be federally licensed.

ARTICLE IIAnimal Care and Control Oversight Commission

§ 142-2. Appointments; terms; compensation; officers; meetings.

A. Each member of the Cecil County government shall appoint one individual from his/herrespective district for a total membership of five individuals, who would have no conflictof interest with the Animal Care and Control Authority, to serve as the Animal Care andControl Oversight Commission. The Commission shall, as needed, call upon aveterinarian with a valid veterinary license to consult within his/her expertise.

B. The term of members shall be four years and staggered, except for the initial term whentwo members, as determined by the Cecil County government, shall serve a two-yearterm. Appointees can serve no more than two consecutive full terms. Any personappointed to fill a vacancy created by resignation or otherwise shall be appointed only tofulfill the unexpired term of the member who has vacated the position.

C. The members and consulting veterinarians shall not receive remuneration for theirservices and shall abide by the Cecil County Code of Ethics.1

D. The Cecil County government shall remove a member of the Animal Care and ControlOversight Commission prior to the expiration of the member's term if the member fails toattend required meetings or his/her conduct is unbecoming or prejudicial to the aims orrepute of the Commission and the Cecil County government.

E. Chairperson/President, Vice Chairperson/Vice President, and Recording Secretary shallbe designated by members of the Commission for a one-year term and can serve no morethan two consecutive full terms.

F. The Commission will conduct mandatory quarterly meetings in addition to othermeetings as required. The presence of three members shall constitute a quorum.


A. The Animal Care and Control Oversight Commission shall work with the County'sAnimal Care and Control Authority to review current County and state animal laws andrecommend changes in County animal laws, as well as related fees and fines, to the CecilCounty government.

1. Editor's Note: See Ch. 39, Ethics.

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B. The Animal Care and Control Oversight Commission will review the performance of theAnimal Care and Control Authority as it relates to adherence of contract terms and reportfindings to the Cecil County government.

C. The Animal Care and Control Oversight Commission will annually review and makerecommendations regarding any changes deemed necessary for either the renewal of theanimal care and control contract, or for the issuance of a request for proposal andsubsequent award of the animal care and control contract, to the Cecil Countygovernment.

D. The Animal Care and Control Oversight Commission will serve as a review board forcases involving public or interagency complaints regarding the Animal Care and ControlAuthority. It will also hear appeals and make decisions regarding license revocation.

E. Citations, summons or warrants are not reviewable by the Commission.

F. All reviews will result solely in recommendations or referrals to appropriate agencies.The Commission does not enforce laws.

G. All complaints concerning the Animal Care and Control Authority shall first besubmitted in writing to the Animal Care and Control Authority, as well as to the AnimalCare and Control Oversight Commission. The Animal Care and Control Authority shallnotify the Animal Care and Control Oversight Commission, as well as the complainant,in writing, of the outcome of the complaint. In the event a complainant feels his/hercomplaint was not handled in an appropriate manner by the Animal Care and ControlAuthority, the complainant shall then appeal to the Animal Care and Control OversightCommission.

H. Records will be kept of all meeting agendas, proceedings and review sessions and shallinclude the date, time and location of the session as well as attendees.

I. The County shall retain all records for a minimum of four years.

§ 142-4. Quarterly review of records; report to governing body.

At the quarterly meetings, the Commission will review the quarterly financials and animalcare and control statistics that shall be provided by the County's designated Animal Care andControl Authority to the Commission at least seven days prior to the announced quarterlymeeting date. The Commission will provide a report to the Cecil County government of thesefindings, with a detailed accounting of the Animal Care and Control Authority's funding,expenditures and unresolved complaints. Failure on the part of the Animal Care and ControlAuthority to provide the required documentation shall immediately be reported to the CecilCounty government.

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ARTICLE IIIAnimal Care and Control Authority

§ 142-5. Powers and duties regarding state and County laws; fees.

A. The Animal Care and Control Authority shall be responsible for implementing thischapter and enforcing its provisions, as well as Maryland state animal laws.

B. All fees associated with the enforcement of this chapter shall be made public and clearlyadvertised on the Animal Care and Control Authority's website. All such fees shall beused by the Animal Care and Control Authority for the enforcement of this chapter.

§ 142-6. Enforcement.

A. The civil and criminal provisions of this chapter shall be enforced by the Animal Careand Control Authority designated by the Cecil County government. It shall be a violationof this chapter to interfere with an Animal Care and Control Officer in the performanceof his or her duties.

B. At the discretion of an Animal Care and Control Officer or a law enforcement officer, acitation may be issued to any person in violation of this chapter, any rules andregulations adopted pursuant hereto, or the Criminal Law Article or any other state lawor regulation regarding the control or treatment of animals which local Animal Care andControl Officers are authorized to enforce. The citation shall impose upon the owner afine as indicated by the Animal Care and Control Officer or law enforcement officer. Inthe event that such fine is not paid within 20 days to the Cecil County Director ofFinance, said citation shall be forwarded to the District Court for disposition. Uponconviction of a violation of this chapter, or any rules and regulations adopted pursuanthereto, the defendant shall be subject to penalties as set forth in the applicable section(s).The fine assessed by the Animal Care and Control Officer, as herein provided, shall beincreased or decreased by the court upon conviction as aforesaid.

C. The Animal Care and Control Authority, in addition to and not in substitution for any ofthe provisions of this chapter, shall apply to the court having jurisdiction for a mandatoryinjunction when the impoundment, confinement, or destruction of an animal is necessaryto protect public safety, or if an animal is in need of immediate medical care and theowner is either uncooperative or unable to be contacted in a timely fashion. The ownerwill be liable for all associated costs.

§ 142-7. Impoundment of nondangerous dogs.

A. Dogs may be seized by an Animal Care and Control Officer and confined in a humanemanner at the discretion of the Animal Care and Control Officer or if the animal hasbeen declared a public nuisance animal.

B. A domesticated animal that is impounded by the Animal Care and Control Authorityshall be held a minimum of eight days, unless redeemed earlier, during which time:

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(1) The animal shall be carefully inspected for a tag, registered microchip, tattoo, orother identification to ascertain the owner.

(2) If, by a license tag or other means, the owner of an impounded animal can beidentified, the Animal Care and Control Authority shall attempt to notify the ownerby telephone, mail, and by posting notice in a conspicuous location on the owner'sproperty.

C. Any animal impounded under the provisions of this chapter shall become the property ofthe Animal Care and Control Authority and may be sold, placed or humanely euthanizedafter the latter of:

(1) Eight days have elapsed and attempts to notify the owner have been unsuccessful;or

(2) Eight days have elapsed after notice has been received by the owner.

D. At any time, the Animal Care and Control Authority may decide to humanely euthanizeany animal that is seriously diseased or severely injured, or poses a physical threat toAnimal Care and Control Authority staff.

E. All impounded animals shall, within 24 hours of impoundment, Monday through Friday,and 48 hours over weekends and holidays, be photographed and displayed on a websitereadily available for public access. The Internet posting shall remain until the animal iseither reclaimed by its owner or is no longer in the possession of the Animal Care andControl Authority.

F. The fees for subsequent impoundments occurring within 12 months shall be doubled.Upon the third impoundment within 12 months, with the exception of a dog declared tobe dangerous by the Animal Care and Control Authority, the animal shall become theproperty of the Animal Care and Control Authority.

§ 142-8. Redemption of impounded nondangerous dogs.

A. The owner of any impounded animal, with the exception of a dangerous dog, shall beentitled to resume possession once the owner has paid all applicable fines and fees andcomes into compliance with this Chapter 142, which may include, but not be limited to:

(1) The owner of the dog provides satisfactory evidence or assurances the dog willreceive adequate care, which may include a scheduled inspection by the AnimalCare and Control Authority of the premises and buildings in which the dog will behoused; and/or

(2) If the owner of a seized or impounded dog is someone other than the person fromwhom the dog was seized and impounded, the dog owner may retrieve his or herdog from impoundment upon payment of all costs of transportation, care andfeeding related to the seizure and impoundment of the dog; and/or

(3) The owner shall come into compliance with the license provisions of §§ 142-30,142-31, 142-32 and 142-34 and payment of the redemption fees; and/or

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(4) Additional fines shall be levied as applicable.

B. A service dog owned by a person with a disability, as defined by the Americans withDisabilities Act, may be redeemed without satisfying the requirements in this § 142-8prior to redemption. However, the owner of such animal shall still be subject toapplicable fines and fees, including but not limited to complying with the requirements ofthis chapter within a time frame to be determined by the Animal Care and ControlAuthority before release of the service dog. Failure to comply as set forth by the AnimalCare and Control Authority will result in the reimpoundment of the dog, at which timethe dog will not be eligible for redemption until all compliance has been met andpayment of fines and fees.

C. If proof of current rabies vaccinations cannot be provided prior to the release fromconfinement, said animal(s) will receive a rabies vaccination at the Animal Care andControl Authority by a licensed veterinarian, and the Animal Care and Control Authoritywill be compensated by the owner for providing the vaccination.

D. Proof of ownership shall be established by providing a driver's license and/or veterinaryrecords.

E. The owner of an impounded animal shall pay a fee as determined by the Animal Careand Control Authority. This fee shall not exceed the Animal Care and ControlAuthority's established rates for each day the animal has been impounded, as well as anycosts, including veterinary expenses incurred by the Animal Care and Control Authorityduring such impoundment, regardless of whether or not the animal is reclaimed.Additionally, the owner shall pay any fines associated with the animal as set forth in theapplicable section(s). The fees for subsequent impounds occurring within 12 months shallbe doubled.

F. Violations of this section shall result in the assessment of fines as follows:

(1) At large: up to $500.

(2) Lack of restraint: up to $500.

(3) Violations of § 142-21, Female dogs in estrus: $200.

(4) No proof of current rabies vaccination: $50 per animal.

(5) No proof of County license, first occurrence: $50 per animal.

(6) No proof of County license, second occurrence: $75 per animal.

(7) No proof of County license, third or more occurrences: $100 per animal.

(8) No license tag on collar: $35 per animal.

(9) Impoundment fee, room and board per animal per day will be set by the AnimalCare and Control Authority as advertised on its website.

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§ 142-9. Impoundment and redemption of dangerous dogs.

A. A dangerous dog is one which fits the description found in § 142-12, Dangerous dogs. Inaddition, a dog will be declared a dangerous dog if the dog has committed one or moreof the following:

(1) Inflicted injury on a human being without provocation on public or privateproperty.

(2) Killed or inflicted severe injury on a domestic animal without provocation whileoff the owner's property.

(3) Attacked a human being without provocation.

(4) Has a history of attacking human beings and/or domestic animals withoutprovocation.

B. The following exceptions shall apply when declaring a dog dangerous:

(1) No dog shall be considered dangerous or potentially dangerous if an injury wassustained by:

(a) A human being who, at the time the injury was sustained, was committingcriminal trespass or another tort upon premises occupied by the owner of thedog, or was teasing, tormenting, abusing or assaulting the dog, or wascommitting or attempting to commit a crime; or

(b) A domestic animal which, at the time the injury was sustained, was teasing,tormenting, abusing or assaulting the dog; or

(c) A domestic animal while the dog was working as a hunting dog, herding dog,or predator control dog on the property of or under the control of its owner,and the injury was to a species or type of domestic animal appropriate to thework of the dog.

(2) No dog shall be considered dangerous or potentially dangerous if the dog wasprotecting or defending a person from an attack or assault within the immediatevicinity of the dog was located within the real property limits of its owner wherethere is a clearly legible, prominently posted "Beware of Dog" sign or wasprotecting its young.

(3) No military, correctional, or police-owned dogs shall be considered dangerous orpotentially dangerous if the attack or injury to a person or domestic animal occurswhile the dog is performing duties as expected.

C. Any person who has been attacked by one or more dogs, or anyone on behalf of such aperson under the age of 18 years, or a person whose domestic animal has been killed orinjured without provocation may file a complaint or report with the Animal Care andControl Authority. An Animal Care and Control Officer and/or a police officer shall alsofile such a complaint or report with the Animal Care and Control Authority. If theAnimal Care and Control Authority declares that the dog is a dangerous dog as definedin this chapter, an Animal Care and Control Officer shall immediately impound the

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animal and notify the owner in the same manner as required under § 142-7B(2). In caseswhere a human is bitten, refer to the requirements under § 142-14, Rabies control, and§ 142-15, Reports of animal bites.

D. Redemption of a dangerous dog shall only occur if the owner of the dog provides proofof ownership to the Animal Care and Control Authority within eight days ofimpoundment. The Animal Care and Control Authority shall set the requirementsnecessary for the owner to redeem the dog, if eligible to do so. If the owner complieswith all of the Animal Care and Control Authority's requirements and pays all applicablefines, fees and costs, the owner may redeem the dog.

E. If the owner disputes the findings of the Animal Care and Control Authority, the ownermay appeal the decision to the Animal Care and Control Oversight Commission. Appealsof decisions made by the Animal Care and Control Oversight Commission shall be takento the Circuit Court of Cecil County in accordance with the Maryland Rules ofProcedure. All appeals are de novo. Unless the Animal Care and Control Authoritydetermines otherwise, the dog shall remain in the care and custody of the Animal Careand Control Authority during the appeal process. The unsuccessful party on appeal shallbe responsible for the cost of the appeal and all costs associated with the care andboarding of the animal.

F. A dog declared to be dangerous will become the property of the Animal Care andControl Authority following a second impoundment within a twelve-month period orupon failure to comply with the requirements of the Animal Care and Control Authority.

G. Violations of this § 142-10 shall result in the assessment of fines as follows:

(1) Violations of Subsection A: up to $2,500.


(3) Unvaccinated animal bites a human or domestic animal: $500 per animal.


(5) Violations of § 142-21, Female dogs in estrus: $200.


(7) No proof of County license, first occurrence: $50 per animal.

(8) No proof of County license, second occurrence: $75 per animal.

(9) No proof of County license, third or more occurrences: $100 per animal.

(10) No license tag on collar: $35 per animal.

(11) Impoundment fee, room and board per animal per day will be set by the AnimalCare and Control Authority as advertised on its website.

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A. The Animal Care and Control Authority shall provide animal care and control statisticsand financial reports to the Animal Care and Control Oversight Commission, at leastseven days prior to the Commission's scheduled quarterly meetings. These reports shallinclude, but are not limited to, a complete accounting of the following:

(1) The amount, date received and source of all animal control funds received by theAnimal Care and Control Authority from any source, including redemption fees,all fines and license fees, as well as proof of payment made to the Cecil Countygovernment for fines and license fees collected on behalf of the County. Thisaccounting requirement does not include private charitable donations and giftsmade to the Animal Care and Control Authority. All animal control revenuereceived pursuant to the terms of the contract shall be clearly marked andseparately calculated.

(2) All animal control expenses related to the duties of the Animal Care and ControlAuthority pursuant to the contract shall be clearly marked and separatelycalculated.

(3) The licensing, impoundment and disposition of all animals in Animal Care andControl Authority custody and with which the Animal Care and Control Authorityhas had contact.

(4) All animal complaints and incident reports, including the report of what action wastaken with regard to each such complaint or incident, and the date such action wastaken.

(5) All reports of animals bites, together with a notation as to what agency the partysubmitting the report was referred, and all instances when law enforcement or theCounty Health Department requests Animal Care and Control Authority assistanceand involvement, the results in each such case and, when appropriate, prosecutionwith regard to each such case.

(6) All records concerning prosecution of any alleged violator of Chapter 142 of theCode of Cecil County, Maryland.

B. Failure by the Animal Care and Control Authority to comply with providing completeand adequate documentation to the Animal Care and Oversight Commission, as definedin § 142-4, constitutes a breach of contract and shall be grounds for termination. Suchaction will also result in a penalty of a nonrefundable five-percent reduction of theCounty's monthly animal care and control allotment to the Animal Care and ControlAuthority being deducted from the next month's payment for every business day therequired documentation is not provided to the Commission. In the event that this penaltyclause is enacted, the Animal Care and Control Authority is still required to provide tothe County the contracted level of animal care and control, and shall assume any costsincurred by failure on its part to provide the required documentation.

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ARTICLE IVPublic Safety

§ 142-11. Health certificates.

A. All animals shall be in compliance with COMAR 10.06.02.11, 15.11.01.03 and15.11.01.08.

B. The owner or custodian of a dog, cat, or ferret four months old or older to be importedinto the County for any purpose shall forward a certificate, issued by a licensedveterinarian, to the Public Health Veterinarian, within 10 days of the animal's arrival inthe County, that:

(1) Describes the dog, cat, or ferret, documenting that it was vaccinated against rabies;

(2) Lists the manufacturer or brand of vaccine used;

(3) Lists the date or dates the vaccine was given;

(4) Documents that the animal is adequately vaccinated; and

(5) Documents that the most recent dose of vaccine was given more than 30 daysbefore the date the animal arrived in the state.

C. The owner or custodian of a dog, cat, or ferret brought into the County for a period ofless than 30 days is exempt from the requirement to forward a certificate to the PublicHealth Veterinarian as specified in Subsection B if a copy of a certificate signed by alicensed veterinarian can be presented to the local Health Officer immediately whenrequested.

D. A health certificate will not be required for dogs entering the state temporarily forexhibition purposes, provided the other stated health requirements have been fulfilled.

E. Any dog, cat or ferret found without the required certificate of health may be impoundedand quarantined.

F. Violations of this § 142-11 shall result in the assessment of fines as follows:

(1) No proof of current rabies vaccine: $50 per animal.

(2) No health certificate: $50 per animal.

§ 142-12. State requirements for dangerous dogs.

Criminal Law Article, § 10-619, Annotated Code of Maryland

Definitions(a) (1) In this section the following words have the meanings indicated.

(2) "Dangerous dog" means a dog that:

(i) without provocation has killed or inflicted severe injury on a person; or

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(ii) is determined by the appropriate unit of a County or municipalcorporation to be a potentially dangerous dog and, after the determinationis made:

1. bites a person;

2. when not on its owner's real property, kills or inflicts severe injury ona domestic animal; or

3. attacks without provocation.

(3) (i) "Owner's real property" means real property owned or leased by the ownerof a dog.

(ii) "Owner's real property" does not include a public right-of-way or acommon area of a condominium, apartment complex, or townhousedevelopment.

(4) "Severe injury" means a physical injury that results in broken bones ordisfiguring lacerations requiring multiple sutures or cosmetic surgery.

Exception

(b) This section does not apply to a dog owned by and working for a governmental or lawenforcement unit.

Determination of potentially dangerous dog

(c) An appropriate unit of a County or municipal corporation may determine that a dog ispotentially dangerous if the unit:

(1) finds that the dog:

(i) has inflicted a bite on a person while on public or private real property;

(ii) when not on its owner's real property, has killed or inflicted severe injuryon a domestic animal; or

(iii) has attacked without provocation; and

(2) notifies the dog owner in writing of the reasons for this determination.

Prohibited

(d) A dog owner shall not:

(1) leave a dangerous dog unattended on the owner's real property unless the dog is:

(i) confined indoors;

(ii) in a securely enclosed and locked pen; or

(iii) in another structure designed to restrain the dog; or

(2) allow a dangerous dog to leave the owner's real property unless the dog isleashed and muzzled, or is otherwise securely restrained and muzzled.

Required notice(e) An owner of a dangerous dog or potentially dangerous dog who sells or gives the dog

to another shall notify in writing:

(1) the authority that made the determination under subsection (c) of this section, ofthe name and address of the new owner of the dog; and

(2) the person taking possession of the dog, of the dangerous behavior or potentiallydangerous behavior of the dog.

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Penalty(f) A person who violates this section is guilty of a misdemeanor and on conviction is

subject to a fine not exceeding $2,500.

§ 142-13. Additional requirements for dangerous dogs.

A. Within 90 days of the dangerous dog declaration, the owner shall have the animalimplanted with a microchip by a licensed veterinarian for permanent identification andregister with the microchip company, and shall provide the corresponding microchip tothe Animal Care and Control Authority.

B. An Animal Care and Control Officer shall, upon receipt of permission from the propertyowner or after obtaining a court-authorized search warrant, enter onto the property wherea vicious or dangerous dog is to be confined [as described in § 142-12, Subsection(d)(1)] and check for compliance with the dangerous dog regulations at any reasonabletime.

C. An Animal Care and Control Officer or law enforcement officer may pursue and destroyan animal at large that is placing the public in imminent danger or an animal in the act ofattacking livestock or other domestic animals. Refer to § 11-505 of Article 24 of theAnnotated Code of Maryland.2

D. An annual dangerous dog registration fee of $75 per dog shall be assessed for any dogdeclared dangerous by the Animal Care and Control Authority. The first dangerous dogregistration fee shall be paid within 10 days of the declaration and annually thereafter.Failure to pay the annual dangerous dog registration fee shall result in a fine double theregistration fee owed.

E. The owner of a dangerous dog or potentially dangerous dog who moves from oneresidence to another within Cecil County shall inform the Animal Care and ControlAuthority in writing of the change of address within 30 days.

F. Violations of § 142-9, Impoundment and redemption of dangerous dogs, shall result inthe assessment of fines as follows:

(1) Violations of § 142-9A and E: $100.

(2) Violations of § 142-9B: up to $2,500.

ARTICLE VRabies Control

§ 142-14. Standards; immunization required.

A. The standards for rabies control provided for in the Health-General Article, AnnotatedCode of Maryland, Title 18, Subtitle 3, Part III, and COMAR 10.06.02, CommunicableDiseases — Rabies, shall be recognized in Cecil County.


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B. All dogs, cats and ferrets over the age of four months shall be immunized against rabiesby a licensed veterinarian. The owner shall be able to provide proof of a current rabiesvaccine upon request.

C. A report of the circumstances wherein a person is bitten by an animal shall be madepromptly to the local police or Sheriff's Department by every person having firsthandknowledge of the bite occurrence, and the report shall be forwarded to both the HealthDepartment and the Animal Care and Control Authority. The local police or Sheriff'sDepartment shall investigate the incident and carry out the orders of the Cecil CountyHealth Department. The local police, Sheriff's Department or County Health Departmentmay call upon the Animal Care and Control Authority to catch, remove, confine orimpound the animal. The animal shall be confined at a private residence, any animalshelter, veterinary hospital or a humane organization shelter approved by the HealthOfficer at the owner's option and expense.

D. If proof of current rabies vaccinations cannot be provided within 48 hours, a per-animalfine will be assessed. Prior to the release from confinement, said animal will receive arabies vaccination administered by a licensed veterinarian at the owner's expense. Theowner of the dog will also be required to purchase a dog license at this time.

E. If any unvaccinated animal bites a human or domestic animal, it shall immediately bequarantined or processed for rabies.

F. Persons bringing any animal that is required by state law to have a rabies vaccinationinto the County will have readily available, as proof of vaccination, a valid rabiesvaccination certificate signed by a licensed veterinarian or issued by an approvedgovernment agency. An owner of an animal without a valid rabies vaccination shall begiven up to 48 hours to provide a current, valid rabies certificate for that animal. Animalswithout valid rabies vaccination certificates shall be impounded and/or vaccinated by alicensed Maryland veterinarian at the owner's expense. Animals which may have hadexposure to rabies shall comply with the provisions set forth in this section of thischapter.

G. Dogs brought into the County for training will be exempt from licensing for no morethan 45 days, but shall meet the rabies vaccination requirements of this chapter.

H. Rescue operations that are qualified as an IRS-defined nonprofit organization shallvaccinate each dog for rabies. However, such organizations are not required toindividually license each dog due to the transient nature of the animals.

I. A rabies tag shall only be worn by the dog for which the corresponding rabies certificateis issued.

J. Violations of this § 142-14 shall result in the assessment of fines as follows:


(2) Unvaccinated animal bites a human or domestic animal: $500 per animal inaddition to the usual rabies and licensing fees.

(3) Tag tampering or switching: up to $500.

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§ 142-15. Reports of animal bites.

Any hospital or physician who treats an individual for an animal bite shall immediatelytelephone and report the incident to the local police or Sheriff's Department and to the CecilCounty Health Department. An animal bite report form shall be completed as required byCOMAR 10.06.02.05B.

§ 142-16. Responsibilities of veterinarians.

A. It shall be the duty of every veterinarian to report to the Health Officer and the AnimalCare and Control Authority any animal considered to be rabid or rabies suspect.

B. When an animal is presented to a veterinarian for euthanasia and rabies is not suspected,the veterinarian shall determine if the animal was involved in a human bite (COMAR10.06.02.13) and, if so, report the animal bite (COMAR 10.06.02.05). If the veterinariandetermines that the animal cannot be safely or humanely quarantined for 10 days andeuthanasia is performed, then the Health Officer, or its designee, shall be notified toarrange for submission of the animal for rabies testing.

ARTICLE VIStandards for Care and Keeping of Animals

§ 142-17. Proper shelter and care.

An owner shall provide his or her animal(s) with nutritious food in sufficient quantity,necessary veterinary care, proper drink, air, space, and shelter or protection from the weather.A proper shelter shall be of sufficient size to allow the animal to stand, turn and stretch to itsfull length and height within the enclosure. An owner shall keep all confinement environmentsclean, free from feces, urine and debris by implementing housing and husbandry practices thatare utilized to ensure both the physical and mental health of all customary household pets. Anenclosure where animals are kept shall be graded and drained so as to keep the surfacereasonably dry and prevent any fluids from running through the enclosure. Flies shall becontrolled in all enclosures.

A. Between December 1 and March 15, the following shall be provided:

(1) Dog shelters shall have a weatherproof roof and the entryway shall be protected byan offset outer door or a flexible flap made of windproof material. The floor shallbe solid and raised from the ground at least two inches. No interior surfaces shallbe metal. The dog shelter opening shall be facing away from the prevailing winds.

(2) Bedding, such as wood shavings, straw or other absorbent material, shall beprovided in sufficient quantity for insulation against cold and damp. Bedding shallbe kept dry.

(3) If there is no artificial heat source, structures shall be small enough to allow thedog to warm the interior of the structure and maintain his or her body heat butlarge enough to permit ease of entry and normal postural adjustments, aspreviously defined.

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(4) Fresh, potable water without ice shall be made available to the dog a minimum oftwice daily. The water receptacle shall be sanitary and made unable to be tippedover.

B. During the summer months between June 1 and September 15, shade, either natural orman-made, shall be made available to a confined dog between the hours of 11:00 a.m.and 3:30 p.m.

(1) Fresh, potable water shall always be made available. The water receptacle shall bemade sanitary and unable to be tipped over.

(2) Under no circumstances shall a dog house be considered shade during the summermonths.

(3) Proper shelter, including protection from the weather and elements, shall beprovided. The shelter for a dog shall have a weatherproof roof, enclosed sides, adoorway, and a solid floor raised at least two inches from the ground, and nointerior surfaces shall be metal.

C. A dog kennel for outside dogs shall meet the minimum size requirements as listed inTable 209-601-1. These requirements are applicable to all kennels, veterinary hospitals,pet shops, animal care and control facilities and humane organizations.

Table 142-17-1All dimensions below are in feet and are in addition to and exclude a dog house.

Small Medium LargeNumber of Dogs (up to 25 pounds) (25 to 50 pounds) (over 50 pounds)

1 3 x 7 6 x 10 8 x 10(21 square feet) (60 square feet) (80 square feet)




D. The owner of a dog shall not tie, chain, cable or in any way tether a dog outside for morethan 12 hours within a twenty-four-hour period, except at sporting events, unless there isinclement weather.

E. A tether to confine a dog shall be a minimum of 4 1/2 times the length of the dog (noseto tail base) and under no circumstances less than 10 feet long (unless impossible due toproperty size, in which case the Animal Care and Control Authority shall set forthreasonable substitute requirements).

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(1) Exceptions to this tethering length requirement shall be permitted for dogs:

(a) Actively herding, shepherding or cultivating agricultural products wheretethering is reasonably necessary for the safety of the dog.

(b) During training, exhibition, performance or sporting events, including fieldand obedience trials, where tethering does not occur for a period exceedingseven days.

(c) When camping or during other recreational activities where written tetheringrequirements are set by the camping or recreational area where the dog islocated.

(2) Under these exceptions, generally accepted safe tethering practices that do notendanger the dog shall still be required. The Animal Care and Control Authorityshall have authority to determine what constitutes generally accepted safe tetheringpractices, if necessary, under these conditions.

F. The tether shall have swivels at both ends to prevent kinking and knotting. The areacovered shall be maintained so that the tether cannot become entangled or pose asubstantial risk of injury to the dog and shall be positioned so that the dog cannot wrapthe tether around posts, trees or debris, or hang by jumping a fence or guardrail, ordrown by jumping into a pool.

G. Housing requirements.

(1) Enclosed buildings and sheds used for the housing of dogs shall:

(a) Have readily available outdoor access and be ventilated, i.e., via forced air.

(b) Be reasonably lighted.

(c) Provide protection from the weather.

(d) Maintain a temperature considered safe for the animal's health as determinedby the breed and condition of the dog.

(e) Be kept clean and free of any debris that could endanger the animal.

(f) Be kept in good repair at all times.

(2) Animal Care and Control will use a guide such as the Tufts Animal Care andCondition (TACC) Scales for Assessing Body Condition, Weather andEnvironmental Safety, and Physical Care in Dogs, in determining the safetemperature. This guide can be referenced online or at a public library.

H. Violations of this § 142-17 shall result in the assessment of fines up to $500.

§ 142-18. Neglect and cruelty.

A person shall not cause, procure or authorize any of the following:

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A. Subject an animal to cruelty or neglect.

B. Poison a domesticated animal.

C. Leave ground glass where an animal can ingest it.

D. Cruelly kill, maim, shoot, or otherwise injure an animal, except that:

(1) A licensed hunter may shoot wild animals during the permitted hunting season.

(2) The owner or tenant of land may shoot to humanely kill an animal which preysupon or destroys the owner's or tenant's livestock, provided the animal is not aprotected or endangered species under County, state, or federal law. The personwho kills an animal must notify the Animal Care and Control Authority or lawenforcement of the incident as soon after as reasonably possible. The person whokills an animal under this Subsection D(2) shall complete and submit a report ofthe incident to the Animal Care and Control Authority as specified by Appendix17, Humane Killing of an Animal by a Person Other than a Licensed Veterinarian,Animal Care and Control or Law Enforcement Report.3

(3) A person may protect himself or herself, or others, from an imminent attack by adomesticated or nondomesticated animal; however, this protection shall be done ashumanely as possible under the circumstances. Immediately after the incident, theperson taking the protective action must immediately notify the Animal Care andControl Authority or law enforcement. If the protective action results in the deathof an animal, the person who kills an animal under this Subsection D(3) shallcomplete and submit a report of the incident to Animal Care and Control Authorityas specified by Appendix 17, Humane Killing of an Animal by a Person Otherthan a Licensed Veterinarian, Animal Care and Control or Law EnforcementReport.

(4) A person may humanely kill a mortally wounded nondomesticated animal. Theperson who kills the animal must notify the Animal Care and Control Authority orlaw enforcement of the incident as soon after as reasonably possible. The personwho kills an animal under this Subsection D(4) shall complete and submit a reportof the incident to the Animal Care and Control Authority as specified by Appendix17, Humane Killing of an Animal by a Person Other than a Licensed Veterinarian,Animal Care and Control or Law Enforcement Report.

(5) A person who encounters a wounded domesticated animal shall notify the AnimalCare and Control Authority or law enforcement as soon after as reasonablypossible.

E. Abandon, or appear to abandon, a domestic animal by leaving or discarding it onroadsides, in trash containers, in or on vacated or vacant premises or any other place.

F. Deliberately injure, abuse, or run down an animal with a vehicle.

3. Editor's Note: The appendixes are on file in the office of the Director of Finance and on the County website:www.ccgov.org.

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G. Deliberately encourage any animal to fight, engage in cockfighting or dog fighting, trainor raise animals for fighting, or organize or participate in any way in animal fights. It isalso illegal to possess, with the intent to unlawfully use, any of the following: treadmills,breaksticks, pain numbing drugs, steroids, IV catheters, bait, cat mill/jenny,sprintpole/jumppole, chains, weights, and fighting rings.

H. Tease, torment, or deliberately incite an animal, provided that:

(1) Ordinary activities of people on their own property, such as mowing or playingwith children and ordinary activities of passersby such as walking or jogging onthe sidewalk in front of the animal owner's property are not deliberate incitements,however excited or disturbed the animal becomes from these activities; and

(2) Training of an animal for police work by the state or by a political jurisdiction ofthe state shall not be considered teasing, tormenting, or deliberately inciting theanimal.

I. Allow any animal to remain in a vehicle or a closed building in a manner that endangersthe health or safety of the animal. Under this subsection, an Animal Care and ControlOfficer or law enforcement officer may use reasonable force to remove the animal fromthe vehicle. Any such officer who uses force under this subsection shall not be heldliable for any damages resulting from the use of that force. Animals may remain in horsetrailers and sporting dog boxes in a manner which is generally accepted by the horse andsporting dog community.

J. Violations of this § 142-18 shall result in the assessment of fines as follows:

(1) Subsections A through F, all items: up to $500.

(2) Animal fighting (State of Maryland sets penalty): imprisonment not to exceed threeyears and/or a fine not exceeding $5,000.

(3) Tease, torment or deliberately incite an animal: up to $500.

(4) Leaving animal unattended in a vehicle under conditions that could endanger theanimal: up to $500.

§ 142-19. Animal behavior and actions.

A. This section shall not include a working farm, provided that normal and customaryfarming practices are in use, or an animal that is accompanied by its owner or under theowner's control when engaged in supervised hunting.

B. The owner shall keep his/her animal from approaching a passerby in a menacing oraggressive fashion.

C. The owner shall keep his/her animal from destroying the private property of others.

D. The owner shall keep an animal from continually disturbing the quiet of any person orneighborhood, or shall keep any animal from causing frequent or long-continued noise tothe disturbance of the comfort or repose of any person or neighborhood.

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(1) Any person disturbed by a continually noisy animal shall first advise the owner orcustodian who keeps such animal, by certified mail, which includes a copy of thisordinance section, of the fact that the animal, by causing frequent or continuednoise, is disturbing the complainant or the neighborhood.

(2) No owner or custodian shall fail to abate a nuisance caused by the frequent,habitual or continuing noise of his or her animal after having been notified by acomplainant by certified mail.

(3) Should the animal's owner fail to abate the nuisance, the complainant shall contactthe Animal Care and Control Authority (reference Appendix 16, Animal ComplaintForm4 ).

(4) The Animal Care and Control Authority will investigate a properly documentedAnimal Complaint Form (reference Appendix 16).

(5) If the Animal Care and Control Authority determines it does not have sufficientevidence to proceed, a complainant still has the right to swear out a complaint inthe District Court. Refer to Article 24, § 11-504(l)(5), of the Annotated Code ofMaryland.

E. The owner shall keep his/her animal from continual actions and behaviors that couldreasonably lead to his/her animal being declared a public nuisance animal by the AnimalCare and Control Authority. Such animal(s) may be subject to seizure by the AnimalCare and Control Authority. Following the seizure of an animal, the owner may attemptto redeem the animal by filing a writ of replevin in District Court within 10 days. Failureto file a writ of replevin within a ten-day period shall result in the animal becoming theproperty of the Animal Care and Control Authority.

F. Violations of this § 142-19 shall result in the assessment of fines as follows:

(1) Menacing or aggressive dog toward people or animals, without contact: up to$250.

(2) Menacing or aggressive dog toward people or animals, with contact: up to $1,000.


(4) Destruction of private property: up to $100.

(5) Disturbing the quiet of a person or neighborhood per Subsection D: up to $1,000.

§ 142-20. Restraint.

A. Dogs shall be kept under restraint or effective control at all times, unless the animal isengaged in supervised hunting or another activity where restraint might endanger theanimal's life or safety.


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B. All dogs shall be restrained by leash, chain, kennel or fence.

C. The owner of an animal, other than a cat, shall prevent the animal from leaving theowner's property unattended or unrestrained.

D. The owner of an animal(s) that is fenced shall erect fencing normally considered suitablefor the species and type of animal to be contained. Fencing shall be appropriate so as tokeep the intended animals restrained within its boundaries. Fencing shall be monitored,well maintained and kept in good repair. In the case of a dog, if the owner utilizes an"invisible fence" to restrain a dog it shall only be used if it consistently and effectivelyrestrains the dog and is appropriate to be accessible for the dog in question. No viciousor dangerous dog shall be restrained behind an "invisible fence."

E. Any dog at large that attacks another animal or person causing injury documented by aveterinarian or human doctor or causes property damage shall result in the dog's ownerbeing subject to penalties as set in Subsection G below.

F. In addition to, or in lieu of, impounding an animal found at large, the Animal Care andControl Officer or law enforcement officer may issue to the known owner of such animala citation. The citation shall impose upon the owner a fine as indicated by the AnimalCare and Control Officer or law enforcement officer. In the event that such fine is notpaid within 20 days to the Cecil County Director of Finance, said citation shall beforwarded to the Cecil County District Court for disposition. Upon conviction of aviolation of this chapter, or any rules and regulations adopted pursuant hereto, the ownershall be subject to penalties as set in Subsection G below. The fine assessed by theAnimal Care and Control Officer, as herein provided, shall be increased or decreased bythe court upon conviction as aforesaid.

G. Violations of this § 142-20 shall result in the assessment of fines as follows:



§ 142-21. Female dogs in estrus (heat).

A. The owner of a female dog in heat shall keep the dog secure inside a well-ventilatedbuilding on the owner's property, except that:

(1) When the dog is on a leash and is accompanied by the owner, the dog may beallowed outside for the purpose of natural relief, but shall not be taken off theowner's property.

(2) When necessary for medical treatment, boarding, or breeding, and while under thedirect and effective control of the owner, the dog may be conveyed to and left at asuitable place to be treated, boarded, bred or shown in an organized dog show orevent. For purposes of this section, "suitable place" shall mean a licensed kennel,an establishment operated by a licensed veterinarian, or a location at which theperson assuming care and custody of the dog prevents the dog from coming incontact with other dogs, except for planned breeding.

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B. Violations of this § 142-21 shall result in the assessment of a fine of $200.

§ 142-22. Animal waste; dead or decaying animals.

A. The owner of every animal shall be responsible for the removal of all excreta depositedby the animal(s) on public property, including walks, recreation areas, or on privateproperty other than that of the owner. The owner of every animal shall not allow excretadeposited by animals to accumulate on his or her property so as to cause a health hazardor become a nuisance. This subsection shall not include a working farm, provided thatnormal and customary farming practices are in use.

B. When any domestic animal dies, its owner shall be responsible for the animal to beremoved, pursuant to the direction of the Animal Care and Control Authority, to acrematorium or animal rendering company or to be composted or buried within 72 hoursof the death of the animal.

C. It shall be unlawful for any person, whether the owner or lessee of a property, to allow adead domestic animal to decay on his or her property without the permission of theAnimal Care and Control Authority and the Health Department.

D. It shall be unlawful for any person to allow a domestic animal to foul the air ofneighboring property owners so as to keep them from the enjoyment of their propertythrough animal waste or an animal's death. This subsection shall not include a workingfarm, provided that normal and customary farming practices are in use.

E. Violations of this § 142-22 shall result in the assessment of fines up to $100.

ARTICLE VIIKennels, Catteries and Pet Shops

§ 142-23. License requirements and restrictions.

A. The Animal Care and Control Authority may refuse to issue or may revoke any license ifthe person holding the license refuses or fails to comply with this chapter or any lawgoverning the protection and humane keeping of animals. Fines will be levied as set forthin the applicable section(s) and no part of the license fee shall be refunded.

B. Any person whose license is revoked may, within 14 days of the decision revoking suchlicense, appeal the decision to the Animal Care and Control Oversight Commission. Adate and time will be set for a hearing at which those wishing to be heard concerning therevocation of the license will be heard. The Animal Care and Control OversightCommission shall make a final decision affirming or reversing the decision of theAnimal Care and Control Authority. The person whose license was revoked will have theright of appeal to the Circuit Court of Cecil County in accordance with the MarylandRules of Procedure.

C. It shall be a condition of the issuance of any license that the Animal Care and ControlAuthority shall be permitted to inspect all animals and the premises where animals are

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kept at any reasonable time and shall, if permission for such inspections is refused,revoke the license of the refusing owner.

D. If the applicant has withheld or falsified any information on a kennel, cattery or pet shopapplication, the Animal Care and Control Authority shall refuse to issue a license orpermit and shall revoke any existing license or permit.

E. No person holding an ownership, manager or board interest in any kennel, cattery or petshop who has been convicted of cruelty to animals shall be issued a license or permit. Anexception may be made for shareholders of an incorporated pet shop with multipleshareholders; however, no exception will be made for that corporation's managers orboard members.

F. In order to obtain a kennel, cattery or pet shop license, the kennel, cattery and/or petshop shall pass an inspection as specified by Appendix 3, Kennel Inspection Report,Appendix 9, Pet Shop Inspection Report, and Appendix 15, Cattery InspectionForm.5 Three failed inspections within a license or permit year shall result in a denial orrevocation of the license or permit. Revocation shall result in the animals being placed inthe care of another licensee within 14 days or seizure of the animals by the Animal Careand Control Authority, with the kennel, cattery or pet shop owner(s) being responsiblefor all necessary veterinary costs and all applicable fines and fees. If a license is revoked,the license holder(s) shall not be granted another license for a period of up to three yearsfrom the revocation date.

G. Any kennel, cattery or pet shop requiring a reinspection will be charged a reinspectionfee as set forth in Appendix 1, Fines and Fees Schedule.6 Failure to comply with a kennelreinspection shall result in a fine of up to $500. Failure to pay any fees or fines mayresult in the denial or revocation of the license and an additional fine of $300.

H. All kennels, catteries and pet shops shall maintain a copy of any completedkennel/cattery inspection performed by Animal Care and Control Authority for a periodof one year and shall display it in a prominent place.

I. Any critically ill animals in a kennel, cattery or pet shop not treated by a licensedveterinarian within a reasonable time, not to exceed 48 hours, may be seized by theAnimal Care and Control Authority and provided with proper veterinarian care. Thekennel, cattery or pet shop owner(s)/operator(s) will be held financially responsible forall incurred expenses, and the animal(s) may be returned to the kennel or retained by theAnimal Care and Control Authority. Additionally, the kennel, cattery or pet shopowner/operator may be charged with animal cruelty and fined as set forth in § 142-18.



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§ 142-24. Commercial kennels and catteries.

A. A commercial kennel or cattery shall comply with all state and County regulations. Akennel or cattery inspection shall be performed annually by an Animal Care and ControlOfficer (reference Appendix 3, Kennel Inspection Report, and Appendix 15, CatteryInspection Form7 ). Continuing to operate after revocation of a commercial kennel orcattery license shall also result in a fine of up to $2,500.

B. Failure to pass an inspection will result in suspension of the sale and adoption of animalsuntil the commercial kennel or cattery comes into compliance upon reinspection.

C. A commercial kennel shall present a completed program of veterinary care and anexercise plan for dogs to the Animal Care and Control Officer for review during aninspection, shall maintain a copy of the approved plan for a period of one year, and shalldisplay the plans in a prominent place (reference Appendix 5, Program of VeterinaryCare for Dogs, and Appendix 7, Exercise Plan for Dogs8 ).

D. A cattery shall present a completed Program of Veterinary Care for cats for reviewduring an inspection and shall maintain a copy of the approved plan for a period of oneyear, and shall display the plans in a prominent place (reference Appendix 13, Programof Veterinary Care for Cats9 ).

E. Commercial kennels shall comply with current County zoning regulations.

F. A commercial kennel or cattery shall have a business license and a County commercialkennel license.

G. Each dog shall have an individual dog license.

H. All breeding dogs and cats shall have a registered microchip.

I. No bitch or queen shall be bred until she is certified healthy to breed by a licensedveterinarian for each litter.

J. Only puppies and kittens a minimum of eight weeks of age and certified healthy by alicensed veterinarian may be sold.

K. Possession of a commercial kennel or cattery license infers permission to allow theAnimal Care and Control Authority to inspect mother and puppies to assure good healthand proper nutrition.

L. All kennel and cattery enclosures shall provide sufficient space to allow the animal tomove freely and fully extend so that no parts of the animal's body touches any side of theenclosure or another animal in the enclosure.




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M. All dogs shall be provided a minimum of two exercise periods totaling two hours withina twenty-four-hour period, and documentation of such time periods shall be maintainedand provided when requested.

N. Measures shall be taken to minimize exposure to rodents, insects and pests.

O. Fresh, potable water shall be available at all times. The water receptacle shall be sanitaryand made unable to be tipped over.

P. All animals shall have proof of a rabies vaccination administered by a licensedveterinarian.

Q. All records shall be kept for a minimum of two years.

R. Violations of this § 142-24, unless otherwise stated, shall result in the assessment of finesup to $500.

§ 142-25. Hobby kennels.

A. A hobby kennel shall comply with all state and County regulations. A kennel inspectionshall be performed annually by an Animal Care and Control Officer.

B. A hobby kennel shall present a completed program of veterinary care and an exerciseplan for dogs to the Animal Care and Control Officer for review during an inspectionand shall maintain a copy of the approved plans for a period of one year, displayed in aprominent place (reference Appendix 5, Program of Veterinary Care for Dogs, andAppendix 7, Exercise Plan for Dogs10 ).

C. Each dog shall have an individual dog license.

D. A hobby kennel shall have a hobby kennel license (reference Appendix 6, Hobby KennelLicense Application11 ).

E. A commercial kennel license shall be required if breeding more than two litters for salewithin a twelve-month period.

F. Only puppies a minimum of eight weeks of age and certified healthy by a licensedveterinarian may be sold.

G. Possession of a hobby kennel license infers permission to allow the Animal Care andControl Authority to inspect any mother and puppies to assure good health and propernutrition.

H. Violations of this § 142-25, unless otherwise stated, shall result in the assessment of finesup to $250.



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§ 142-26. Boarding kennels.

A. A boarding kennel shall comply with all state and County regulations. A kennelinspection (reference Appendix 3, Kennel Inspection Report12 ) shall be performed by anAnimal Care and Control Officer; thereafter, the kennel is only subject to unannouncedinspections by the Animal Care and Control Authority.

B. A boarding kennel shall present a completed exercise plan for dogs to the Animal Careand Control Officer for review during an inspection and shall maintain a copy of theapproved plan for a period of one year, displayed in a prominent place (referenceAppendix 7, Exercise Plan for Dogs13 ).

C. A boarding kennel shall comply with all County and zoning regulations (referenceAppendix 14, Boarding Kennel License Application14 ).

D. A boarding kennel shall be clean and free from objectionable odors.

E. The inside ambient temperature shall be regulated and cannot exceed 80° F., or atemperature considered safe for the animal's health as determined by the breed andcondition of the dog. The boarding kennel shall be kept clean and free of any debris thatcould endanger the animal and in good repair at all times. Animal Care and Control willuse a guide such as the Tufts Animal Care and Condition (TACC) Scales for AssessingBody Condition, Weather and Environmental Safety, and Physical Care in Dogs indetermining the safe temperature. This guide can be referenced online or at a publiclibrary.

F. Construction must be such that the security of the dog is ensured and kennel wall areasare a minimum height of five feet.

G. The floors of kennels and individual exercise areas shall be constructed and maintainedin such a condition as to prevent ponding of any liquefied substances.

H. Only one dog shall be housed per kennel unless the dogs are from the same household.

I. All dogs shall have access to outdoor exercise areas.

J. The facility shall be maintained and repairs carried out regularly.

K. At no time will stray animals be housed with boarded animals, except during a declaredemergency or disaster at the request of state or County emergency officials.

L. Measures shall be taken to minimize exposure to rodents, insects and pests.

M. Fresh, potable water shall be available at all times. The water receptacle shall be sanitaryand made unable to be tipped over.




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N. All animals shall have proof of a rabies vaccination administered by a licensedveterinarian.

O. If the owner of a boarding kennel also owns a licensed hobby kennel, the boardingkennel application fee of $75 will be waived if both the hobby kennel license andboarding kennel license are applied for at the same time.

P. Violations of this § 142-26, unless otherwise stated, shall result in the assessment of finesup to $250.

§ 142-27. IRS-defined nonprofit canine rescue kennels.

A. An IRS-defined nonprofit canine rescue kennel shall comply with all state and Countyregulations and is subject to all fines and fees as set forth in this chapter.

B. An annual IRS-defined nonprofit canine rescue kennel permit application shall besubmitted and approved. Applications may be obtained from the Cecil County FinanceDirector's Office, the Animal Care and Control Authority or from the County's website.The applicant shall contact the Animal Care and Control Authority for an applicationreview and to schedule an annual inspection. The application review/inspection fee willbe waived for IRS-defined nonprofit canine rescue kennels (reference Appendix 12, IRSDefined Nonprofit Canine Rescue Kennel Permit Application15 ).

C. An IRS-defined nonprofit canine rescue kennel shall maintain a current program ofveterinary care and an exercise plan for dogs. These shall be displayed in a prominentplace (reference Appendix 5, Program of Veterinary Care for Dogs, and Appendix 7,Exercise Plan for Dogs16 ).

D. All dogs shall be rabies vaccinated according to County code but individual dogs do nothave to have a license due to the transient nature of the dogs, except in the case of a dogthat has been declared dangerous by the Animal Care and Control Authority which shallbe licensed within 10 days of the declaration.

E. Violations of this § 142-27, unless otherwise stated, shall result in the assessment of finesup to $100.

§ 142-28. Pet shop standards.

A. Failure to pass an inspection will result in suspension of the sale and adoption of animalsuntil the pet shop comes into compliance upon reinspection.

B. Pet shops shall maintain current health certificates, rabies vaccinations, program ofveterinary care and an exercise plan for applicable animals. These shall be displayed in aprominent place (reference Appendix 5, Program of Veterinary Care for Dogs, and



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Appendix 7, Exercise Plan for Dogs, and Appendix 13, Program of Veterinary Care forCats17 ).

C. All pet shops, including pet shops run in conjunction with any other business, shall, inaddition to all other requirements of law, comply with the minimum standards formaintaining satisfactory sanitary and housing requirements established by the County andState Departments of Health and the Animal Care and Control Authority. The annuallicensing fee shall be established by the Cecil County government.

D. Additional minimum pet shop standards are:

(1) All animals shall be treated humanely.

(2) All animals shall be provided with nutritious food in sufficient quantity, properdrink, air, and space appropriate to the age and type of animal, as well asnecessary veterinary care. All mammals under three months of age shall be fed atleast three times per day.

(3) All animals shall be fed, watered and provided with clean bedding every day of theweek, including Sundays and holidays.

(4) All food shall be served in a clean container, mounted so that the animal cannotreadily tip it over or defecate or urinate therein.

(5) Fresh water shall be available to all animals at all times. All water containers shallbe mounted so that the animal cannot readily turn them over and should beremovable for cleaning.

(6) The temperature of the animal enclosures shall be maintained at a level suitable forthe animal contained therein.

(7) There shall be sufficient clean, dry bedding to meet the needs of each animal.

(8) Hot water with a commercial disinfectant shall be kept at a minimum temperatureof 110° F. and shall be available for the washing and disinfecting of food dishes,water dishes and cages.

(9) All cages and enclosures shall be constructed of a nonporous material for ease incleansing and disinfecting. Each cage shall be of sufficient size to allow theenclosed animal to stand, turn and stretch to its full length and height within theenclosure.

(10) If a mesh or screen-type material is used as a suspended cage floor, 1/2 of themesh surface is required to be covered with a removable, flat, nonporous material.This material will be required to be in place in the cage while occupied, with theexception of cleaning and disinfecting time.

(11) All fish shall be contained in a clean, algae-free tank in which the watertemperature shall be maintained at a constant, healthful level, with the exception of


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the species of fish that needs algae to survive in its environment. Dead fish shallimmediately be removed from the tanks.

(12) Pet shops selling psittacine birds shall comply with all Health Departmentrequirements for psittacine birds, including completion of the required State ofMaryland application for an exotic bird permit (reference Appendix 10, MarylandExotic Bird Permit Example18 ). Every bird shall be placed in a clean cage withsufficient room to allow the bird to sit upon a perch. Large birds shall be placed inseparate cages from smaller birds.

E. The Animal Care and Control Authority may suspend, revoke or refuse any licenseissued under this section if the licensee has secured such license by misrepresentations orhas failed to maintain the standards required by this section.

F. Violations of this § 142-28, unless otherwise stated, shall result in the assessment of finesup to $100.

§ 142-29. Kennel, cattery or pet shop closure.

A. A kennel, cattery or pet shop closure application shall be submitted to the Animal Careand Control Authority prior to closure of a licensed kennel or pet shop. Once the AnimalCare and Control Authority receives the application, a closure inspection shall beperformed before the kennel or pet shop may officially close. Kennel, cattery and petshop owners who voluntarily close their kennel should feel free to consult with theAnimal Care and Control Authority for assistance in re-homing animals (referenceAppendix 11, Kennel, Cattery or Pet Shop Closure Application19 ).

B. Any pet shop, kennel or cattery closure prior to receiving Animal Care and ControlAuthority approval shall result in the assessment of a fine of $500. This fine shall be inaddition to any other applicable fines provided in this chapter.

ARTICLE VIIILicensing

§ 142-30. General licensing.

A. No person shall own, keep or harbor a dog over the age of four months within CecilCounty unless it is licensed. The application for the license shall state the name andaddress of the owner and the name, breed, color, age and sex of the dog. A validcertificate of rabies inoculation issued by a veterinarian or antirabies clinic recognized bythe Health Officer, stating the inoculation date, expiration date and the type of vaccineused, shall accompany the application for a dog license.



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B. Dog licenses can be obtained from the Cecil County Finance Director's Office, theAnimal Care and Control Authority, participating veterinarian offices and municipalities(reference Appendix 2, Dog License Application20 ).

C. The annual license fee shall be determined by the Cecil County government. The licensefee will be offered at a discounted price for a dog that has been spayed/neutered and/orwith a registered microchip. Each dog over the age of four months shall be licensed on orbefore December 31 for each licensing year. Rabies vaccinations shall be required foreach dog prior to issuing a license. Certification that a dog has been spayed/neuteredshall be required as proof in order to obtain the reduced license fee.

D. All dog licenses shall be valid for one year beginning with January 1. Application fordog licenses may be made within 60 days prior to January 1 or within 30 days followingthe establishment of residency within the County or within 30 days after a dog becomesfour months of age, without penalty.

E. If there is a change in ownership of a dog, kennel, cattery or pet shop during the licenseyear, the license shall be nontransferable.

F. In the event a dog has a valid license by another Maryland county which has theequivalent requirements for licensing and the owner becomes a resident of Cecil County,a license transfer fee will be charged as set forth by the Cecil County government.

G. The licensing requirements of this chapter shall not apply to any animal belonging to anonresident of the County and kept within the boundaries of the County for not longerthan 45 days or whose owner can show proof of a current license from his/her residentjurisdiction. All dogs and cats shall, at the time of entry into the County, be properlyvaccinated against rabies and, while kept within the County, meet all other requirementsof this chapter.

H. Dogs brought into the County for training will be exempt from licensing for no morethan 45 days, but shall meet the rabies vaccination requirements of this chapter.

I. Assistance dogs and governmentally owned dogs are exempt from the license fee of thischapter; however, they shall obtain a dog license which shall be provided at no charge.

J. Maryland licensed veterinary hospitals or clinics and the Animal Care and ControlAuthority, as long as they do not advertise boarding facilities, as well as federallylicensed research facilities, do not have to purchase a kennel license.

K. Violations of this § 142-30 shall result in the assessment of fines as follows:

(1) Any individual(s) or organization operating a kennel, cattery or pet shop withoutobtaining the proper license: $500 per animal found on premises.

(2) Failure to have a dog licensed: $80 per animal.


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§ 142-31. Commercial kennel and cattery licensing.

A. A commercial kennel or cattery license application shall be submitted and approvedannually. An application may be obtained from the Cecil County Finance Director'sOffice, the Animal Care and Control Authority or from the County's website,www.ccgov.org (reference Appendix 4, Commercial Kennel/Cattery LicenseApplication21 ).

B. For a new commercial kennel license, the applicant shall submit the completedapplication to the Department of Planning and Zoning. Upon approval from theDepartment of Planning and Zoning, the applicant shall submit the application to theAnimal Care and Control Authority for further application review and to schedule acommercial kennel inspection (reference Appendix 3, Kennel Inspection Report22 ). Anapplication review/inspection fee, as set forth in Appendix 1, Fines and Fees Schedule,shall be paid to the Cecil County Director of Finance before the inspection will bescheduled.

C. For a new cattery license, the applicant shall submit the application to the Animal Careand Control Authority for further application review and to schedule a cattery inspection(reference Appendix 15, Cattery Inspection Form23 ). An application review/inspectionfee, as set forth in Appendix 1, Fines and Fees Schedule, shall be paid to the CecilCounty Director of Finance before the inspection will be scheduled.

D. Upon successful application review and completion of a commercial kennel or catteryinspection by the Cecil County Animal Care and Control Authority, the applicant shallobtain a business license.

E. The applicant will then submit the approved commercial kennel or cattery licenseapplication, along with the required documentation, the business license and the licensefee, as set forth in Appendix 1, Fines and Fees Schedule,24 to the Cecil County Directorof Finance to obtain a commercial kennel license.

F. Annual renewal is required. Ninety days prior to expiration of the commercial kennel orcattery license, the Animal Care and Control Authority shall be contacted to schedule anannual inspection. An application review/inspection fee, as set forth in Appendix 1, Finesand Fees Schedule, shall be paid to the Cecil County Director of Finance before theinspection will be scheduled. Planning and Zoning approval is required for licenserenewals. Upon successful application review and inspection, the applicant will submitthe required documentation, the business license and payment of the license fee to theCecil County Director of Finance to obtain a commercial kennel or cattery license.





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§ 142-32. Hobby kennel licensing.

A. A hobby kennel license application shall be submitted and approved annually. Anapplication may be obtained from the Cecil County Finance Director's Office, the AnimalCare and Control Authority or from the County's website, www.ccgov.org (referenceAppendix 6, Hobby Kennel License Application25 ).

B. The applicant shall contact the Animal Care and Control Authority for an applicationreview and to schedule a hobby kennel inspection (reference Appendix 3, KennelInspection Report26 ). An application review/inspection fee, as set forth in Appendix 1,Fines and Fees Schedule, shall be paid to the Cecil County Director of Finance beforethe inspection will be scheduled.

C. Upon successful completion of the hobby kennel inspection, the applicant will thensubmit the approved hobby kennel license application, along with the requireddocumentation and the license fee, as set forth in Appendix 1, Fines and FeesSchedule,27 to the Cecil County Director of Finance to obtain a hobby kennel license.

D. Annual renewal is required. Ninety days prior to expiration of the hobby kennel license,the Animal Care and Control Authority shall be contacted to schedule an annualinspection. An application review/inspection fee, as set forth in Appendix 1, Fines andFees Schedule, shall be paid to the Cecil County Director of Finance before theinspection will be scheduled. Upon successful application review and inspection, theapplicant will submit the required documentation and payment of the license fee to theCecil County Director of Finance to obtain a hobby kennel license.

§ 142-33. Boarding kennel licensing.

A. A boarding kennel shall meet all existing zoning requirements. An annual boardingkennel license application (reference Appendix 14, Boarding Kennel LicenseApplication28 ) shall be obtained from the Cecil County Director of Finance, the AnimalCare and Control Authority or from the County's website (reference Appendix 14,Boarding Kennel License Application).

B. Upon initial application for a boarding kennel license (reference Appendix 3, KennelInspection Report29 ), the applicant shall contact the Animal Care and Control Authorityfor an application review and to schedule a boarding kennel inspection. An applicationreview/inspection fee, as set forth in Appendix 1, Fines and Fees Schedule, shall be paid






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to the Animal Care and Control Authority before the inspection will be scheduled.Thereafter, an annual inspection will not be required, although an annual applicationreview and license renewal will be required.

C. The applicant shall obtain a business license.

D. Upon successful completion of the boarding kennel inspection and/or application review,the applicant will then submit the approved boarding kennel license application, alongwith the required documentation and the license fee, as set forth in Appendix 1, Finesand Fees Schedule,30 to the Cecil County Director of Finance to obtain a boarding kennellicense.

E. Annual renewal is required. For annual renewal, an application review fee, as set forth inAppendix 1, Fines and Fees Schedule, shall be paid to the Cecil County Director ofFinance before the inspection will be scheduled. Planning and Zoning approval isrequired for annual license renewals. Upon successful application review, the applicantwill submit the required documentation, the business license and payment of the licensefee to the Cecil County Director of Finance to obtain a boarding kennel license.

§ 142-34. Pet shop licensing.

A. A pet shop shall meet all existing zoning requirements. An annual pet shop application(reference Appendix 8, Pet Shop License Application31 ) shall be obtained from the CecilCounty Director of Finance, the Animal Care and Control Authority or from the County'swebsite (reference Appendix 8, Pet Shop License Application).

B. The applicant shall contact the Animal Care and Control Authority for an applicationreview and to schedule a pet shop inspection (reference Appendix 9, Pet Shop InspectionReport32 ). An application review/inspection fee, as set forth in Appendix 1, Fines andFees Schedule, shall be paid to the Animal Care and Control Authority before theinspection will be scheduled (reference Appendix 9, Pet Shop Inspection Report).

C. Upon successful completion of the pet shop inspection and license application approval,the applicant shall obtain a business license.

D. The applicant will then submit the approved pet shop license application, along with therequired documentation, including appropriate state and federal licensure and thebusiness license, as set forth in Appendix 1, Fines and Fees Schedule,33 to the CecilCounty Director of Finance to obtain a pet shop license.





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E. Annual renewal is required. Ninety days prior to expiration of the pet shop license, theAnimal Care and Control Authority shall be contacted to schedule an annual inspection.An application review/inspection fee, as set forth in Appendix 1, Fines and FeesSchedule, shall be paid to the Cecil County Director of Finance before the inspection willbe scheduled. Planning and Zoning approval is required for license renewals. Uponsuccessful application review and inspection, the applicant will submit the requireddocumentation, the business license and payment of the license fee to the Cecil CountyDirector of Finance to obtain a pet shop license.

§ 142-35. Tags and collars.

A. Upon complying with the provisions of § 142-30 of this chapter, there shall be issued tothe dog owner a license tag.

B. Every dog owner is required to see that the license tag is securely fastened to theanimal's collar or harness, which shall be worn by the animal at all times, unless theanimal is engaged in supervised hunting or other activity where a collar might endangerthe animal's life or safety.

C. Lost hunting dogs shall be reported lost to the Animal Care and Control Authority within72 hours of the hunt or field trial to be exempt from wearing a collar.

D. In the event that a license tag issued for a dog is lost, the owner shall obtain areplacement tag upon payment as set forth in Appendix 1, Fines and Fees Schedule.34

E. Violations of this § 142-35 shall result in the assessment of a fine of $35.

ARTICLE IXAdditional Provisions

§ 142-36. Other regulated activities.

A. A person shall not involve an animal in a game of chance or an event involvinggambling, except for legitimate sporting events such as horse races and dog shows.

B. A person who sets a trap shall check the trap twice daily and remove or cause to haveremoved any animal in the trap immediately.

C. A person who injures or kills a domesticated animal while driving a vehicle shall make areasonable effort to locate the owner and inform the owner of the accident, or notify theAnimal Care and Control Authority or law enforcement of the accident as soon asreasonably possible.

D. Violations of this § 142-36 shall result in the assessment of fines as follows:


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(1) Illegitimate involvement in a game of chance or gambling event: up to $250.

(2) Failure to check a trap twice daily: up to $250.

(3) Failure to notify Animal Care and Control Authority or law enforcement afterkilling or injuring a domesticated animal with a vehicle: $250.

§ 142-37. Dangerous wild animals.

A. No private citizen shall possess or harbor a dangerous or vicious wild animal within thegeographic boundaries of Cecil County. Refer to § 10-621 of the Criminal Law Article ofthe Annotated Code of Maryland.

ProhibitedA person may not import into the State, offer for sale, trade, barter, possess, breed, orexchange a live:

(1) fox, skunk, raccoon, or bear;

(2) caiman, alligator, or crocodile;

(3) member of the cat family other than the domestic cat;

(4) hybrid of a member of the cat family and a domestic cat if the hybrid weighsover 30 pounds;

(5) member of the dog family other than the domestic dog;

(6) hybrid of a member of the dog family and a domestic dog;

(7) nonhuman primate, including a lemur, monkey, chimpanzee, gorilla, orangutan,marmoset, loris, or tamarin; or

(8) poisonous snake in the family groups of Hydrophidae, Elapidae, Viperidae, orCrotolidae

Penalty

A person who violates this section is guilty of a misdemeanor and on conviction issubject to:

(i) if an individual, a fine not exceeding $1,000; or

(ii) if not an individual, a fine not exceeding $10,000.

B. Federally licensed animal exhibitors and federally licensed sanctuaries, licensed wildliferehabilitators, research facilities, any person who has been issued a license from theMaryland Department of Natural Resources for the specified animal(s), and an animalcontrol officer or a veterinarian during the performance of his/her duties are exempt fromthis section.

C. Violations of this § 142-37 shall result in the assessment of fines up to $10,000.

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§ 142-38. Effective date.

A. This chapter may take effect upon passage of the affirmative vote by the Cecil Countygovernment but shall take effect no later than October 1, 2012.

B. Existing dog licenses that would normally expire on June 30, 2012, will remain in effectuntil December 31, 2012, when the new licensing year begins January 1, 2013.

C. Existing kennels, catteries and pet shops, as classified in Article VII, Kennels, Catteriesand Pet Shops, that may not successfully meet all provisions of Article VII by theeffective date and wish to remain in operation shall apply for a nonrenewablethree-month extension grant period to comply with the provisions of Article VII of thischapter, provided a written request is submitted to the Animal Care and ControlAuthority within 30 days of the enactment of this chapter. The written request shallinclude complete owner and contact information, as well as the reason for requesting theextension, and specific plans for bringing the establishment into compliance. Uponapproval of the extension grant period by the Animal Care and Control Authority, theowner of the existing kennel, cattery or pet shop is required to apply for all necessaryapprovals and be in full compliance no later than three months after the enactment of thischapter, or file for a kennel, cattery or pet shop closure as set forth in § 142-29.

ARTICLE XFines and Penalties


A. Any person who fails to perform an act required by this Chapter 142, or by any rule orregulation adopted pursuant hereto; or who takes any action prohibited by any provisionof this chapter, or by any rule or regulation adopted pursuant hereto; or who in any wayviolates any provision of this chapter, or any rule or regulation adopted pursuant hereto,shall be deemed guilty of a misdemeanor and shall be punished by a fine of up to $2,500.If any violation be continuing, each day's violation shall be deemed a separate violation.

B. Animal care and control fines and fees as listed throughout this chapter shall beestablished by resolution of the Cecil County government. Additionally, the AnimalControl and Care Authority shall establish and post fees associated with board, medicaltreatment, etc.; these fees will also be published on the Animal Control and CareAuthority's website to be made available to the public.

C. Nothing herein contained shall prevent the County from taking such other lawful actionsas is necessary to prevent or remedy any violation.

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ARTICLE XIStandards to Govern

§ 142-40. Contract abrogation provision.

A. Whenever the provisions of Article III, Animal Care and Control Authority, cease toexist due to the lack of a contract with an animal care and control entity, only thefollowing sections of this chapter shall remain in force and effect:

(1) Article V, Rabies Control, in its entirety.

(2) Article VIII, § 142-30, General licensing.

(3) Article VIII, § 142-35, Tags and collars.

B. Additionally, the provisions of § 10-601 through § 10-623 of the Criminal Law Article ofthe Annotated Code of Maryland, as well as § 11-501(l)(5) of Article 24 of theAnnotated Code of Maryland will still be available to individuals seeking redress forthose matters covered under the specified sections.

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Chapter 148

AUCTIONEERS § 148-1. License required. § 148-5. Bond.

§ 148-2. Fees; oath of residence required. § 148-6. Violations and penalties.

§ 148-3. Issuance of license; disposition § 148-7. Investigation of complaints by of fees. Sheriff.

§ 148-4. Fees and commissions for issuance of licenses.


GENERAL REFERENCES

Peddling and soliciting — See Ch. 265.

§ 148-1. License required. [1961 Code, § 2; 1970 Code, Sec. 2-1]

No person shall be entitled to engage in business as an auctioneer in Cecil County unless heshall have first taken out a license as hereinafter provided.

§ 148-2. Fees; oath of residence required. [1961 Code, § 4; 1969, ch. 59, § 1; 1970 Code,Sec. 2-21 ]

Each applicant for such a license shall pay the yearly sum of $25 if he is a resident of saidCounty; the sum of $50 if he is a resident of the state outside of said County; and the sum of$100 if he is not a resident of the state, and no license shall be issued by said Clerk of theCircuit Court to any such person until the aforesaid license fee has been paid and until suchperson has made an oath as to his place of residence.

§ 148-3. Issuance of license; disposition of fees. [1961 Code, § 3; 1970 Code, Sec. 2-3;1970, ch. 37, § 1; 1988, ch. 227, § 2]

It shall be the duty of the Clerk of the Circuit Court of said County to issue auctioneerlicenses to such persons as may apply for and be entitled to them under this chapter; andaccording to the conditions and provisions of this chapter, the amount so received from saidlicenses shall be paid to Cecil County, Maryland, to be credited to the general fund of saidCounty.


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§ 148-4. Fees and commissions for issuance of licenses. [1961 Code, § 1; 1970 Code, Sec.2-4]

The Clerk of the Circuit Court shall be entitled to the same fees and commissions for issuingthe license, and paying into the treasury the money therefor, as for like licenses under thelaws of this state.

§ 148-5. Bond. [1969, ch. 95, § 1; 1970 Code, Sec. 2-5]

No person shall be issued an auctioneer's license unless he has filed with the Clerk of theCircuit Court a bond in the amount of $5,000 for the use and benefit of any person, firm orcorporation dealing with him as auctioneer and conditional on his proper accounting, paymentand delivery of any monies or property entrusted to his care and possession while acting as anauctioneer. The bond shall be executed by a corporate surety licensed to do business inMaryland.

§ 148-6. Violations and penalties. [1961 Code, § 5; 1970 Code, Sec. 2-6]

Every person conducting a sale in violation of § 148-1 of this chapter shall be guilty of amisdemeanor and upon conviction thereof shall be fined not less than $10 nor more than $50in the discretion of the court.

§ 148-7. Investigation of complaints by Sheriff. [1982, ch. 457, § 1]

The Sheriff of Cecil County has the authority to investigate complaints and enforce theordinances and laws of the business of auctioneering.

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Chapter 157

BUILDING CONSTRUCTION § 157-1. Adoption of standards by § 157-6. Address numbers of improved reference. properties.

§ 157-2. Amendments, additions and § 157-7. Suspension, withholding, or deletions. revocation of permits.

§ 157-3. Adoption of amendments. § 157-8. Condemnation of unsafe structures and equipment.§ 157-4. Fees. § 157-9. Violations and penalties;§ 157-5. Saving clause.

stop-work orders.


GENERAL REFERENCES

Electrical standards — See Ch. 191. HVAC standards — See Ch. 229.Energy conservation standards — See Ch. 195. Plumbing — See Ch. 270.Housing standards — See Ch. 225.

§ 157-1. Adoption of standards by reference. [Amended 2-15-2005 by Ord. No. 2005-01;9-18-2007 by Ord. No. 2007-05]

A. A certain document, copies of which are on file in the Department of Permits andInspections, being marked and designated as the "2012 International Building Code(IBC)," is hereby adopted as the Building Code of Cecil County, Maryland, for thecontrol of buildings and structures as herein provided; and each and all of theregulations, provisions, penalties, conditions and terms of the 2012 International BuildingCode (IBC) are hereby referred to, adopted and made a part hereof as if fully set out inthis chapter, with additions, insertions, deletions and changes, if any, prescribed in§ 157-2 of this chapter. [Amended 6-15-2010 by Ord. No. 2010-04; 7-17-2012 byOrd. No. 2012-03]

B. Further, the document marked and designated as the "2012 International ResidentialCode" be and the same is hereby adopted as an addition to the Building Code of CecilCounty, Maryland, and each and all regulations and provisions and terms of the 2012International Residential Code are hereby referred to, adopted and made a part hereof asif fully set out in this chapter, with the additions, insertions, deletions and changes, ifany, prescribed in § 157-2 of this chapter. [Amended 6-15-2010 by Ord. No. 2010-04;7-17-2012 by Ord. No. 2012-03]

C. In addition to the codes listed in Subsections A and B above, local jurisdictions areresponsible for the implementation and enforcement of the Maryland BuildingPerformance Standards.

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§ 157-2. Amendments, additions and deletions. [Amended 1-18-2011 by Ord. No.2011-01; 5-3-2011 by Ord. No. 2011-05; 7-17-2012 by Ord. No. 2012-03]

A. The following sections of the 2012 International Building Code (IBC) are hereby revisedand amended as follows:

(1) Section 101.1 Title. Insert: "Cecil County" (Name of Jurisdiction).

(2) Add: "In addition to the International Building Code (IBC), local jurisdictions areresponsible for implementation and enforcement of the Maryland BuildingPerformance Standards."

(3) Section 101.2 Scope. Delete exception in its entirety. Insert:

Exception #1: Detached one- and two-family dwellings and multiplesingle-family dwellings (townhouses) not more than three stories above gradeplane in height with a separate means of egress and their accessory structuresshall comply with the International Residential Code (IRC).

Exception #2: Existing buildings undergoing repair, alterations or additions, andchange of occupancy shall comply with the Maryland Building RehabilitationCode set forth in COMAR 05.16.

(4) Section 101.2.1 Appendices. Delete entire section. Insert:

101.2.1 Appendices.Provisions in Appendix C, Group U — Agricultural Buildings; Appendix F,Rodent Proofing; Appendix H, Signs; and Appendix I, Patio Covers, are adoptedas part of the IBC. Provisions in other appendices within the code do not applyunless specifically adopted by the authorities having jurisdiction.

(5) Section 101.4.3 Plumbing. Insert the following: "In addition to and whereapplicable within the State of Maryland, the National Standard Plumbing Code isalso enforced."

(6) Section 104.10.1 Flood hazard areas. Delete entire section.

(7) Section 105.2 Work exempt from permit.

(a) Delete 1: "One story detached accessory structures used as tool and storagesheds, playhouses and similar uses, provided the floor area does not exceed120 square feet (11 m2)."

(b) Add (14): "Replacement or repair of roofing shingles, membranes andflashings is exempt only where the work does not include any alteration orreplacement of structural members or components."

(c) Add (15): "Replacement or repair of windows and doors is exempt onlywhere the new windows or doors have the same dimensions as the original

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§ 157-2 BUILDING CONSTRUCTION § 157-2

windows or doors and the work does not include any alteration orreplacement of structural members. In the case where other more restrictivecodes have been adopted by state or federal agencies, permits may berequired."

(8) Section 105.5 Expiration. Add:

105.5.1Any permit issued shall be valid for a period of one year from date of issue,provided work is ongoing. An applicant may apply for two six-month extensionsas described above as long as the work is progressing. At the expiration of thesecond six-month extension, the owner/applicant shall apply for a renewalpermit.

(9) Section 110.3.3 Lowest floor elevation.

(a) Delete "building official."

(b) Insert "Zoning Administrator or applicable approving agency."

(10) Section 111.3 Temporary occupancy. Delete entire section. Insert: "TheDepartment of Permits and Inspections is authorized to issue a temporarycertificate of use and occupancy before the completion of the entire work coveredby the permit, provided that such portion or portions shall be occupied safely. Thetemporary certificate of occupancy will only be issued upon receipt of conditionalapproval of the Department of Public Works, approval of the ElectricalDepartment/Inspector, the Fire Marshal, if necessary, and notification of the statusof the water test by the Health Department. Town approval is also required if theproperty is located within any of the town limits of any incorporated town withinthe County in which the Cecil County Department of Permits and Inspectionsissues permits. The certificate shall have a specific time limit and will not be validfor more than 180 days maximum unless extended by the Director of Permits andInspections in writing. Fees may be established and assessed by the Department forthe issuance of the temporary certificate."

(11) Chapter 2 - Definitions, Section 202.

(a) Delete "agricultural building." Insert: AGRICULTURAL BUILDING. Astructure designed and constructed to house farm implements, hay, grain,poultry, livestock, or other horticultural products. This structure shall not be aplace of human habitation.

(b) Add: AGRITOURISM. Tourism of agricultural farms and buildings bymembers of the general public for recreational, entertainment or educationalpurposes for which tourists may or may not pay fees. Agritourism includesthe following activities when performed by a tourist:

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[1] Viewing rural activities, farming, ranching and wine making;

[2] Viewing natural, historical, and cultural resources; and

[3] Harvesting agricultural products.

(c) Add: CODES ADMINISTRATION. The Maryland Codes Administration.

(d) Add: DEPARTMENT. The Department of Housing and CommunityDevelopment of Maryland.

(e) Add: MBPS. The Maryland Building Performance Standards.

(f) Add: SLEEPING (BEDROOM) ROOM. Any room 70 square feet (6.5 m2)or larger with direct access to a closet other than a kitchen, bathroom,hallway, foyer or utility room. Every sleeping room/bedroom occupied bymore than one person shall contain a minimum of 50 square feet (4.6 m2) offloor area for each occupant thereof.

(12) Chapter 9 - Fire Protection Systems. 901.1 Scope. Add: "Fire protection systemrequirements of Chapter 9 may be concurrently covered in the State FirePrevention Code, Public Safety Article, §§ 6-101 through 6-602, Annotated Codeof Maryland, and COMAR 29.06.01. The State Fire Prevention Code is enforcedby the State Fire Marshal or authorized fire official."

(13) Chapter 10 - Means of Egress, 1001.1 General. Add: "Means of egressrequirements of Chapter 10 may be concurrently covered in the State FirePrevention Code, Public Safety Article, §§ 6-101 through 6-602, Annotated Codeof Maryland, and COMAR 29.06.01. The State Fire Prevention Code is enforcedby the State Fire Marshal or authorized fire official."

(14) Chapter 11 - Accessibility. Delete entire chapter. Insert: Maryland AccessibilityCode as set forth in COMAR 05.02.02.

(15) Section 1612.1 General. Delete "Within flood hazard as established in Section1612.3." Insert: "Within flood hazard areas as established by Article XI, Part III,Floodplain District, of the Cecil County Zoning Ordinance as adopted by theBoard of County Commissioners of Cecil County (now County Council), June 29,1993, and as amended, or any construction occurring within the incorporatedboundaries of the eight municipalities within Cecil County shall comply with theFloodplain Regulations as adopted by the County or such municipalities."

(16) Section 1612.3 Establishment of flood hazard areas.

(a) Insert: Cecil County.

(b) Insert: January 3, 1997.

(17) Section 1612.3.1 Design flood elevations.

(a) Delete: "building official."

(b) Insert: "Zoning Administrator or applicable approving agency."

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(18) Section 1612.5 Flood hazard documentation.


(b) Insert: "Zoning Administrator or applicable approving agency."

(19) Chapter 24 - Glass and Glazing. Add: "The requirements for safety glazing setforth in Public Safety Article, Title 12, Subtitle 4, Annotated Code of Maryland,are in addition to Chapter 24, Section 2406, of the IBC related to safety glazing. Inthe event of a conflict between Chapter 24 of the IBC and the Annotated Code ofMaryland, the requirements of the Annotated Code of Maryland shall prevail."

(20) Chapter 27 - Electrical, Section 2701.1 Scope. Add: "The subject matter of thischapter is not within the scope of the Maryland Building Performance Standards.For the applicable electrical requirements, refer to the local electrical code and theNational Electrical Code as adopted and enforced by the State Fire Marshal,authorized fire officials, or building officials pursuant to the provisions of PublicSafety Article, Title 12, Subtitle 6, Annotated Code of Maryland."

(21) Chapter 28 - Mechanical Systems, Section 2801.1 Scope. Add: "The subject matterof this chapter is not within the scope of the Maryland Building PerformanceStandards. For the applicable requirements concerning mechanical systems, refer tothe local mechanical code and the mechanical code adopted pursuant to theprovisions of Business Regulation Article, § 9A-205, Annotated Code ofMaryland."

(22) Chapter 29 - Plumbing Systems, Section 2901.1 Scope. Add: "The subject matterof this chapter is not within the scope of the Maryland Building PerformanceStandards. For the applicable requirements concerning plumbing systems, refer tothe local plumbing code and the plumbing code adopted pursuant to the provisionsof Business Occupations and Professions Article, Title 12, Annotated Code ofMaryland."

(23) Chapter 30 - Elevators and Conveying Systems, Section 3001.1 Scope. Add: "Theprovisions of Chapter 30 of the IBC relate to elevators and conveying systems andare in addition to and not instead of the requirements set forth in Public SafetyArticle, Title 12, Subtitle 8, Annotated Code of Maryland. In the event of aconflict between the IBC and the Annotated Code of Maryland, the provisions ofthe Annotated Code of Maryland shall prevail."

(24) Chapter 31 - Special Construction.

(a) Delete Section 3103.1.1 Permit required.

(b) Insert:

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3103.1.1 Permit required.Temporary structures that cover an area in excess of 360 square feet,including connecting areas or spaces with a common means of egress orentrance which are used or intended to be used for the gathering of 50 ormore persons, shall not be erected, operated or maintained for any purposewithout obtaining a permit from the Code Official.

(25) Chapter 34 - Existing Structures, Section 3401.1 Scope. Add: "Exception: Anyrehabilitation work undertaken in an existing building as defined in COMAR 05.16shall comply with the requirements of the Maryland Building Rehabilitation Codeas set forth in COMAR 05.16."

B. The following sections of the 2012 International Residential Code (IRC) are herebyrevised as follows:

(1) Section R101.1 Title. Insert: Cecil County (Name of Jurisdiction); add: "Inaddition to the International Residential Code (IRC), local jurisdictions areresponsible for implementation and enforcement of the Maryland BuildingPerformance Standards."

(2) Section R102.5 Appendices. Delete entire section. Insert:

R102.5 Appendices.Provisions in Appendix A, Sizing and Capacities of Gas Piping; Appendix B,Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods,Category I Appliances Listed for Use with Type B Vents; Appendix C, ExitTerminals of Mechanical Draft and Direct-Vent Venting Systems; Appendix D,Recommended Procedure for Safety Inspection of an Existing ApplianceInstallation; Appendix G, Swimming Pools, Spas, and Hot Tubs; Appendix H,Patio Covers; Appendix N, Venting Methods; and Appendix Q, ICCInternational Residential Code Electrical Provisions/National Electrical CodeCross Reference; are adopted as part of the IRC.

(3) Section R102.7 Existing structures. Add:

R102.7.2.Any rehabilitation work undertaken in an existing building shall comply with therequirements of the Maryland Building Rehabilitation Code as set forth inCOMAR 05.16.

(4) Section R104.10.1 Flood hazard areas. Delete entire section.

(5) Section R105.2 Work exempt from permit. Under "Building":

(a) Delete 1: "One story detached accessory structures used as tool and storagesheds, playhouses and similar uses, provided the floor area does not exceed200 square feet (18.58 m2)."

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(b) Delete 10: "Decks not exceeding 200 square feet (18.58 m2) in area, that arenot more than 30 inches (762 mm) above grade at any point, are not attachedto a dwelling and do not serve the exit door required by Section R311.4."

(c) Add 12: "Replacement or repair of roofing shingles, membranes andflashings is exempt only where the work does not include any alteration orreplacement of structural members or components."

(d) Add 13: "Replacement or repair of windows and doors is exempt only wherethe new windows or doors have the same dimensions as the original windowsor doors and the work does not include any alteration or replacement ofstructural members. In the case where more restrictive codes have beenadopted by state or federal agencies, permits may be required."

(6) Section R105.3.1.1 Determination of substantially improved or substantiallydamaged existing buildings in flood hazard areas. Delete entire section. Insert: "Forapplications for reconstruction, rehabilitation, addition or other improvements ofexisting buildings or structures located within the flood hazard areas as establishedby Article XI, Part III, Floodplain District, of the Cecil County Zoning Ordinanceor within flood hazard areas as established by the adoption of floodplainregulations by the eight municipalities within Cecil County, any suchreconstruction, rehabilitation, addition or other improvements shall be subject tosuch regulations."

(7) Section R105.5 Expiration. Add:

R105.5.1Any permit issued shall be valid for a period of one year from date of issue,provided work is ongoing. An applicant may apply for two six-month extensionsas described above as long as the work is progressing. At the expiration of thesecond six-month extension, the owner/applicant shall apply for a renewalpermit.

(8) Section R106.1.3 Information for construction in flood hazard areas.

(a) In 4, delete "building official."

(b) In 4, insert "approving agency."

(9) Section R107.3 Temporary power. Delete entire section.

(10) Section R109.1.3 Floodplain inspections.


(b) Insert: "approving agency."

(11) Section R109.1.6.1 Elevation documentation.

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(b) Insert: "approving agency."

(12) Section R110.2 Change in use. Add: "Any rehabilitation work undertaken in anexisting building as defined in COMAR 05.16 shall comply with the requirementsof the Maryland Building Rehabilitation Code as set forth in COMAR 05.16."

(13) Section R110.4 Temporary occupancy. Delete entire section. Insert: "TheDepartment of Permits and Inspections is authorized to issue a temporarycertificate of use and occupancy before the completion of the entire work coveredby the permit, provided that such portion or portions shall be occupied safely. Thetemporary certificate of occupancy will only be issued upon receipt of conditionalapproval of the Department of Public Works, approval of the ElectricalDepartment/Inspector, the Fire Marshal, if necessary, and notification of the statusof the water test by the Health Department. Town approval is also required if theproperty is located within any of the town limits of any incorporated town withinthe County in which the Cecil County Department of Permits and Inspectionsissues permits. The certificate shall have a specific time limit and will not be validfor more than 180 days maximum unless extended by the Director of Permits andInspections in writing. Fees may be established and assessed by the Department forthe issuance of the temporary occupancy."

(14) Section R112.2.1 Determination of substantial improvement in flood hazard areas.Delete entire section.

(15) Section R112.2.2 Criteria for issuance of a variance for flood hazard areas. Deleteentire section.

(16) Add:

SECTION R115 UNSAFE STRUCTURES OR EQUIPMENT

R115.1 General.When a structure or equipment is found by the code official to be unsafe, or whena structure is found unfit for human occupancy, or is found unlawful, suchstructure shall be posted as "Unsafe" or "Condemned" pursuant to this code as thecode official deems necessary.

R115.2 Unsafe structure.An unsafe structure is one that is found to be dangerous to the life, health,property or safety of the public or the occupants of the structure by not providingminimum means of egress facilities, sanitation, light, ventilation, fire protection,or which contains unsafe equipment or is so damaged, decayed, dilapidated,structurally unsafe or of such faulty construction or unstable foundation thatpartial or complete collapse is possible.

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R115.3 Unsafe equipment.Unsafe equipment includes any boiler, heating equipment, elevator, movingstairway, electrical wiring or device, flammable liquid containers or otherequipment on the premises or within the structure which is in such disrepair orcondition that such equipment is a hazard to life, health, property or safety to thepublic or occupant of the premises or structure.

R115.4 Unlawful structure.An unlawful structure is one found to be erected, altered or occupied contrary tothe provisions of this code or those adopted by the governing agency responsiblefor enforcement of the code.

R115.5 Notice.If it is determined that a property or equipment is unsafe or condemned, the codeofficial shall serve on the owner, agent or person in control of the structure,equipment or premises a written notice that describes the condition deemedunsafe or condemned and specifies the required repairs, improvements or otheraction necessary to abate the unsafe condition or that requires the unsafe orcondemned building to be demolished within a stipulated time. Such notice shallrequire the person thus notified to declare within seven days of receipt of thenotice acceptance or rejection to the code official.

R115.6 Method of service.Such notice shall be deemed properly served if a copy thereof is: (a) delivered tothe owner personally; (b) sent by certified or registered mail addressed to theowner at the last known address with return receipt requested; or (c) delivered inany other manner as prescribed by local law. If the certified or registered letter isreturned showing that the letter was not delivered, a copy thereof shall be postedin a conspicuous place in or about the structure affected by such notice. Serviceof such notice in the foregoing manner upon the owner's agent or upon the personresponsible for the structure shall constitute service of notice upon the owner.

(17) Sections R202 Definitions.

(a) Add: AGRICULTURAL BUILDING. A structure designed and constructedto house farm implements, hay, grain, poultry, livestock, or otherhorticultural products. An agricultural building does not include a place ofhuman residence.

(b) Add: AGRITOURISM. Tourism of agricultural farms and buildings bymembers of the general public for recreational, entertainment or educationalpurposes for which tourists may or may not pay fees. Agritourism includesthe following activities when performed by a tourist:

[1] Viewing rural activities, farming, ranching and wine making;

[2] Viewing natural, historical, and cultural resources; and

[3] Harvesting agricultural products.

(c) Add: CODES ADMINISTRATION. The Maryland Codes Administration.

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(d) Add: DEPARTMENT. The Department of Housing and CommunityDevelopment.

(e) Add: MBPS. The Maryland Building Performance Standards.

(f) Add: SLEEPING (BEDROOM) ROOM. Any room 70 square feet (6.5 m2)or larger with direct access to a closet other than a kitchen, bathroom,hallway, foyer or utility room. Every sleeping room/bedroom occupied bymore than one person shall contain a minimum of 50 square feet (4.6 m2) offloor area for each occupant thereof.

(18) Table R301.2(1) Climatic and Geographic Design Criteria. Insert:

Ground Snow Load — 30 pounds psf

Wind speed — 90 mph

Seismic design category — B

Weathering damage — Severe

Frost line depth — 32 inches

Termite damage — moderate to heavy

Winter design temperature — 13°

Ice barrier underlayment required — Yes

Flood hazards — Cecil County Planning and Zoning or local municipality

(19) Section R312.1 Guards; 312.1.3 Opening limitations. Delete entire section. Insert:"Required guards shall not have openings from the walking surface to the requiredguard height which allow for the passage of a sphere four inches (102 mm) indiameter. Required guards shall not be constructed with horizontal rails or otherornamental patterns that result in a ladder effect."

(20) Section R313.2 One- and two-family dwellings automatic fire systems. Deleteentire section. Insert:

R313.2 One- and two-family dwellings automatic fire sprinkler systems.

An automatic fire sprinkler system shall be installed in one- and two-familydwellings.

Exceptions:

1. An automatic residential fire sprinkler system shall not be required forany additions or alterations to existing buildings that are not alreadyprovided with an automatic fire sprinkler system.

2. Option to buyer. A seller, owner, contractor or builder of a newlyconstructed one- (single-) family dwelling shall offer the initial buyer orowner an option to install a residential automatic fire sprinkler system asrequired under this section.

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a) Disclosure of information. The real estate contract for the sale of anew one-family dwelling shall disclose the estimated cost ofinstalling a residential automatic fire sprinkler system and theanticipated estimate to maintain such system. The buyer shallacknowledge receipt of the Sprinkler Option Notification regardingthe installation of a residential sprinkler system and shall indicatewhether the buyer intends to exercise the option to install aresidential sprinkler system to improve the life safety of theoccupants and to reduce property damage from fire.

b) Before issuing a building permit, the Department of Permits andInspections shall require the applicant to submit the Sprinkler OptionNotification that has been notarized with all signatures indicating thatthe provisions of this section have been complied with.

c) The Department of Permits and Inspections shall withhold theissuance of a building permit for the construction of a newone-family dwelling which does not meet the provisions of thissection in regards to buyer notification and/or submission of allnecessary documentation.

R313.2.A In two-family dwellings, automatic residential fire sprinkler systemsshall be installed.

Exceptions: In dwelling units where a unit is constructed as an in-law suite(apartment), which has an interior communicating door to the main house.

R313.2.B Every one- or two-family dwelling constructed as a spec house, rental,model home or one that is constructed as part of a marketing campaign shallcontain a residential automatic sprinkler system.

R313.2.C Mandatory automatic sprinkler systems may be required for all newsingle- and two-family dwellings, additions or renovations constructed within theboundaries of the incorporated municipalities (towns) of Cecil County. Shouldsuch municipality (town) have regulations governing residential sprinkler systems,those regulations shall apply.

R313.2.D Dwelling units that are manufactured under Federal HousingAdministration (FHA) regulations (HUD Code) that are placed within the Countyoutside of incorporated municipalities (towns) regulated by the County areexempt from this section unless so required by the FHA.

R313.2.E Any regulation imposed by a federal or state governing body or agencywhich requires or exempts residential automatic sprinkler systems inmanufactured housing shall apply.

R313.2.1 Design and installation. Automatic residential fire sprinkler systemsshall be designed and installed in accordance with NFPA 13D.

R313.2.2 The requirements of this section (R313.2) shall not apply to thefollowing:

1) A property not connected to an electrical utility.

2) Until January 1, 2016, standards governing issuance of a building permitfor one- and two-family dwellings constructed on:

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a) A lot subject to a valid unexpired public works agreement that wasexecuted before March 1, 2011; or

b) A lot served by an existing water service line from a water main tothe property line that:

1) Is less than a nominal one-inch size;

2) Is approved and owned by the public or private water system thatowns the mains;

3) Was installed before March 1, 2011; and

4) Is fully operational from the public or private main to a curb stopor meter pit located at the property line.

(21) Section R322 Flood-Resistant Construction, R322.1 General. Delete entire section.Insert: "Buildings and structures constructed in whole or in part in flood hazardareas as established by Article X, Part III, Floodplain District, of the Cecil CountyZoning Ordinance or as required by the statutes of the jurisdiction in which theproject is to be constructed or repaired shall comply with the regulations of thissection as well as all regulations or ordinances within the specific jurisdiction."

(22) Section 322.1.4.1 Determination of design flood elevations.


(b) Insert: "Zoning Administrator or approving agency."

(23) Section R322.3.1, Location and site preparation, Subsection 2.


(b) Insert: "approving authority."

(24) Section R403.1.4.1 Frost protection. Exception 1:

(a) Delete: 600 square feet (56m2).

(b) Insert: 400 square feet (37m2).

(25) Section R405.1 Concrete or masonry foundations. Delete entire section. Insert:"Subsoil drains shall be required for all buildings having basements, cellars, crawlspaces or floors below grade. Subsoil drains shall be located inside the foundationand shall be installed at or below the area to be protected. Drains shall dischargeby gravity or mechanical means. Where drains do not discharge by gravity, thedrains shall discharge into an accessible sump pit with an automatic electricalpump. Drains shall be perforated or open joint approved drain tile not less thanfour inches in diameter and be placed in washed stone or gravel at least one sievesize larger than the tile joint opening or perforations with a minimum of fourinches surrounding the drain tile or pipe on all sides. Where provided, exteriorsubsoil drains shall have an approved filter material placed on top of the requiredwashed stone or gravel."

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(26) Section R506.2.3 Vapor retarder.

(a) Delete: Exception 1.

(b) Insert: Exception 1. From detached garages, utility buildings, and otherunheated accessory structures.

(27) Section R807.1 Attic access.

(a) Delete: "See Section M1305.1.3 for access requirements where mechanicalequipment is located in attics."

(b) Insert: "Attics containing appliances shall be provided with a permanent orpull-down stairway in all new construction."

(28) Part V, Mechanical, Chapter 12, Mechanical Administration, (Part VI, Fuel Gas,Chapter 24, Fuel Gas,) Section M1201.1 Scope. Add: "The subject matter ofChapters 12 through 24 is not within the scope of the Maryland BuildingPerformance Standards. For the applicable requirements concerning mechanicalsystems, refer to the local mechanical code and the mechanical code adoptedpursuant to the provisions of Business Regulation Article, § 9A-205, AnnotatedCode of Maryland."

(29) Part VII, Plumbing, Chapter 25, Plumbing Administration, Section P2501.1 Scope.Add: "The subject matter of Chapters 25 through 33 is not within the scope of theMaryland Building Performance Standards. For the applicable requirementsconcerning plumbing systems, refer to the local plumbing code and the plumbingcode adopted pursuant to the provisions of Business Occupations and ProfessionsArticle, Title 12, Annotated Code of Maryland."

(30) Part VIII, Electrical, Chapter 34, General Requirements, Section E3401.1Applicability. Add: "The subject matter of Chapters 34 through 43 is not withinthe scope of the Maryland Building Performance Standards. For the applicableelectrical requirements, refer to the local electrical code and the National ElectricalCode as adopted and enforced by the State Fire Marshal, authorized fire officials,or building officials pursuant to the provisions of Public Safety Article, Title 12,Subtitle 6, Annotated Code of Maryland."

§ 157-3. Adoption of amendments. [Amended 7-17-2012 by Ord. No. 2012-03]

The International Code Council issues an amended Building Code approximately every threeyears. Amendments incorporated into subsequent International Building Codes andInternational Residential Codes are hereby adopted prospectively. The date that suchamendments shall be effective in Cecil County shall be the date when the Director of Permitsand Inspections shall have received copies of said future editions and shall have presented toand received adoption by resolution from the Cecil County Council as the new officialBuilding Code of Cecil County. The insertions of amendments and penalties and other mattersas set forth hereinbefore in § 157-2 shall be the same in meaning and context as those adoptedherein, regardless of number designation or page number in the newly adopted code or codes.

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§ 157-4. Fees. [Amended 6-15-2010 by Ord. No. 2010-04]

All fees shall be established by resolution by the Cecil County Council as provided for bylaw. Copies of the fee schedule will be available in the office of the Cecil County Council andthe Department of Permits and Inspections.

§ 157-5. Saving clause.

Nothing in this chapter or in the Building Code hereby adopted shall be construed to affectany suit or proceeding pending in any court or any rights acquitted or liability incurred or anycause or causes of action acquired or existing under any act or ordinance hereby repealed, norshall any just or legal right or remedy of any character be lost, impaired or affected by thischapter.1

§ 157-6. Address numbers of improved properties.

A. In this section, the following words have the meanings indicated:

COUNTY REPRESENTATIVE — Any member or employee of:

(1) The Cecil County Sheriff's Department;

(2) The Cecil County Permits and Inspections Office;

(3) The Cecil County Department of Planning and Zoning;2

(4) The Cecil County Department of Public Works; or

(5) The Department of Emergency Services.3

OWNER — The individual, partnership, firm, association, corporation or other entitywhose name appears on the tax records of the County for any property subject to theprovisions of this section.

B. Duty of property owners. It shall be the duty of every owner of improved real property todisplay and maintain street numbers indicating the address assigned to the property. Thenumber shall be displayed in accordance with the provisions of Subsection C.

C. Display guidelines.

(1) The number shall be displayed in a location clearly visible from the road uponwhich the address number is assigned.

(2) Numbers shall be placed on both sides of the mailbox. However, if any of theconditions listed below exist, then the number must also be displayed as describedin Subsection C(3) and/or (4) of this subsection:

1. Editor's Note: Former § 200-6, Emergency shelters, was repealed 6-15-2010 by Ord. No. 2010-04.



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(a) There is no mailbox.

(b) The mailbox is on the opposite side of the road from the home.

(c) There are multiple mailboxes at the location or the home which goes with themailbox is not clearly identifiable.

(3) Numbers may be placed on the dwelling or principal structure only if they areclearly visible from the road off of which it is addressed and the view of thenumber is not obstructed by trees, shrubs, porches, etc.

(4) Numbers may be placed on a private sign, post or large rock at the entrance of thedriveway as long as the numbers are clearly visible from the road.

(5) Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall bea minimum of four inches (102 mm) high with a minimum stroke width of 1/2inch (12.7 mm). [Amended 6-15-2010 by Ord. No. 2010-04]

(6) Numbers shall be plain block numbers, not script or written numbers.

(7) Numbers shall be set on a background of contrasting color.

(8) Wherever practicable, said number shall be placed near a light or some source ofillumination so that it may be readily seen at night.

(9) Numbers shall not be placed on utility poles or County/state road sign posts.

D. Display of other numbers prohibited. The display of any address number other than thenumber authorized or assigned by the Department of Planning and Zoning is expresslyprohibited.4

E. Noncompliance and violations.5

(1) Any dwelling or principal structure erected, repaired, altered or modified after theeffective date of this chapter shall have the certificate of occupancy withheld untilthe assigned address number is displayed in accordance with this section.

(2) A County representative who observes a violation of this section shall notify theDepartment of Planning and Zoning via a standard form developed by saiddepartment.

(3) The Department of Planning and Zoning shall issue a warning by certified mail,which shall notify the owner:

(a) That he/she is in violation of this section.

(b) Of the requirements of this section.

(c) How to comply with the requirements.



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(4) The warning shall be on a standard form developed by the Department of Planningand Zoning.

§ 157-7. Suspension, withholding, or revocation of permits. [Amended 7-17-2012 byOrd. No. 2012-03]

A. Definitions. As used in this section, the following terms shall have the meaningsindicated:

BUILDER/CONTRACTOR — The party to whom the building permit for the buildingnot in compliance was issued and shall also include any party actually performing thework of construction upon said building. The builder shall also include any officer of anycorporation, any partner of any partnership or any related corporation, partnership,limited-liability company or limited-liability partnership owned in whole or in part byany aforementioned party.

CODE — The building, plumbing, mechanical or electrical codes or otherconstruction-related codes as adopted by Cecil County and enforced by the Departmentof Permits and Inspections.

CODE OFFICIAL — The official designated by the County Executive or his designeewho is charged with the enforcement of the building, plumbing, mechanical and electricalcodes or other construction-related codes as adopted by Cecil County.

PENALTY — An amount imposed by either the legal authority having jurisdiction or bythe Department of Permits and Inspections as has been established on the fee schedule asadopted by the Cecil County Council.

PERSON; OWNER — Any person, corporation, association, partnership, firm,syndicate, joint venture, limited-liability corporation, or organization of any kind holdingtitle to any land or lot in the County; lessees, tenants and principal occupants of any landor lot in the County or agent of persons holding title to such lands or lots, having care,custody, control or management of the land or lot; and fiduciaries holding title to, havingcare, custody, control or management of land or lots in the County for others.

VIOLATION — Any person or authorized agent who constructs, enlarges, alters,repairs, moves, demolishes, or changes the occupancy of a building or structure or erects,installs, enlarges, repairs, removes, converts or replaces any gas, mechanical, plumbingor electrical system, the installation of which is regulated by the codes enforced by theDepartment of Permits and Inspections, or to cause such work to be done withoutobtaining the proper permits or which are found to be in noncompliance with theapplicable codes.

B. Suspension. Whenever the Department of Permits and Inspections or any designatedCode Official of the County determines that an owner or contractor as defined in thissection, is in violation of the provisions of this code or the rules and regulations of anyother Department or agency of Cecil County in connection with the erection, alteration ordemolition of buildings, structures, lands, or equipment thereon or therein, the Director ofPermits and Inspections or his designee may suspend all active permits and inspections

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necessary which the individual has acquired or may need until such time as any and allviolations have been corrected.

C. Withholding. Whenever the Department of Permits and Inspections or any designatedCode Official of the County shall find that any contractor or owner, as defined in thissection, is in violation of this code or of the rules and regulations of any otherdepartment or agency of Cecil County in connection with the erection, alteration ordemolition of buildings, structures, land or equipment thereon or therein, the Director ofthe Department of Permits and Inspections or his designee may refuse to grant anyadditional permits to the contractor or owner until all such violations have beencorrected.

D. Revocation. The Department of Permits and Inspections or any designated Code Officialof the County may revoke a permit or approval issued under the provisions of this codewhen it is determined that any owner or contractor, as defined in this section, is inviolation of this code in the case of any false statement or misrepresentation of fact in theapplication or on the plans on which the permit or approval was based. If any permit isissued in violation of the provisions of this code or other laws, resolutions andregulations of Cecil County, or laws of the State of Maryland, or without properauthority, it may be voided as if it had never been issued.

E. Notice. Once it has been determined by the designated Code Official that a violation ofthe provisions of this Code or any other construction-related code of the County hasoccurred, notice shall be sent to the owner or contractor, as defined in this section, whois responsible for said violation, advising said owner or contractor. Said notice shall bepresumed received upon being mailed to the address of said owner or contractor that isprovided on the building permit issued to said owner or contractor for said building threedays after mailing. If no permit exists, said notice shall be presumed received upon beingmailed to the address for the individuals responsible based on tax assessments or anyother information available three days after mailing. Until said violation has beencorrected, the Department of Permits and Inspections and/or any appropriate CodeOfficial of the County shall have the power to withhold any further permits requested bysaid owner or contractor.

§ 157-8. Condemnation of unsafe structures and equipment. [Added 2-3-2009 by Ord.No. 2009-01]


CODE — The building, plumbing and mechanical codes as adopted by the Cecil CountyCouncil and enforced by the Department of Permits and Inspections.

CODE OFFICIAL — The official designated by the County Executive, or his designee,who is charged with the enforcement of this section.

CONDEMN — To adjudge unfit for use or occupancy.

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PERSON; OWNER — Any person, corporation, association, partnership, firm,syndicate, joint venture, limited-liability corporation, or organization of any kind holdingtitle to any land or lot in the County; lessees, tenants and principal occupants of any landor lot in the County or agent of persons holding title to such lands or lots, having care,custody, control or management of the land or lot; and fiduciaries holding title to andhaving care, custody, control or management of land or lots in the County for others.

UNFIT STRUCTURE — One that is unsafe or, because of the degree to which it lacksmaintenance or is in disrepair, is unsanitary, vermin- or rat-infested or contains filth andcontaminants or, because of the chosen location, constitutes a hazard to its occupants orto the public, as determined by the Code Official.

UNSAFE EQUIPMENT — Includes any boiler, heating equipment, plumbing fixtures orequipment, electrical wiring or device, flammable liquid containers or other equipment ormachinery on the premises or within the structure which is in disrepair or a conditionthat is found to be a hazard to life, health, property or safety of the public or occupantsof the premises or structure. Unsafe equipment may contribute to finding that thestructure is unsafe or unfit for human occupancy or use.

UNSAFE STRUCTURE — One in which all or any part thereof is found to bedangerous to life, health or the safety of the public or the occupants of the premises orstructure or, because it is so damaged, decayed, dilapidated, structurally unsafe or of suchfaulty construction or unstable foundation, it is likely to partially or completely collapse.

B. Condemnation procedures.

(1) General procedures. When a structure or part thereof is found by the Code Officialto be unsafe or unfit for human occupancy or use, it may be condemned pursuantto this section and the applicable adopted building code. If the Code Officialmakes such determination, the Official shall serve the owner with a complianceorder pursuant to this section. No condemned residential structure shall be used forhuman habitation without approval of the Code Official. In addition, the CodeOfficial may also determine that equipment located in a residential structure isunsafe and issue a compliance order.

(2) Closing of vacant structures. If the structure or part thereof is vacant and unfit forhuman habitation, occupancy or use and is not in danger of structural collapse butis a potential hazard to health and safety, the Code Official shall serve the ownerwith a compliance order pursuant to this section. The owner shall secure thestructure from entry by boarding or any other method(s) necessary as approved bythe Code Official. Upon failure of the owner to close the premises within the timespecified in the compliance order, the Code Official shall cause it to be closedthrough any available agency or by contract arrangement with private persons, andthe cost thereof shall be charged against the real estate upon which the structure islocated and shall be a lien upon the real estate.

(3) Placarding of structures. Upon inspection of the structure, the Code Official maypost on the premises a placard bearing the words "Condemned" as dangerous andunsafe or "Danger" unsafe for human occupancy or use or other words to that

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effect and a statement of penalties provided for any occupancy or use and forremoving the placard.

(4) Occupancy of placarded premises prohibited. Any person who shall occupy aplacarded premises or structure or part thereof or any person responsible for thepremises who lets anyone occupy a placarded premises shall be liable for penaltiesas provided for within this section.

(5) Removal of placard. The Code Official shall remove the condemnation placardwhenever the defect or defects upon which the condemnation or danger placardaction were based have been eliminated. Any person who defaces or removes acondemnation or danger placard without the approval of the Code Official shall besubject to penalties as provided for within this section.

C. Notice of violation.

(1) Notification. The Code Official shall give notice of the existing violation to theowner of the affected structure and to its occupants.

(2) Notice. The notice shall be in writing and include information sufficient foridentification of the real estate involved, include a statement of the reason orreasons why the notice is being issued and any building code citation described.The notice shall include the owner's right to appeal the decision of the CodeOfficial and shall include the penalties for failure to correct said violation.

(3) Service. Notice shall be considered served when the notice is delivered to theowner personally and/or sent by certified or registered mail, addressed to theowner at the last known address, with return receipt requested. Notice shall also beposted in a conspicuous place on or about the affected structure.

(4) Publication of notice. In case the structure is to be razed and demolished, theCounty shall publish a notice indicating the same, which shall include allinformation relative to the property. The notice shall be advertised once a week fortwo successive weeks in a newspaper authorized to provide service by publication.

D. Compliance and emergency orders.

(1) Compliance order. Any order issued pursuant to this section shall be in writing andshall specify a deadline for compliance by the owner, which shall not be less than20 days nor more than 45 days, and in the event that repairs are feasible, the ordershall specify what repairs and modifications are to be undertaken and completed bythe owner in order to correct any violations.

(2) Emergency order. Whenever the Code Official finds that an emergency exists onany premises and time is of the essence to protect the public's health and safety orthat of the occupants of a structure, the Code Official may issue an emergencyorder reciting the existence of such an emergency and require the vacating of thepremises or such action as the Code Official deems necessary to meet theemergency. The emergency order shall be effective immediately, and the premisesor equipment shall be placarded immediately upon service of the order.

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E. Demolition orders; subsequent action.

(1) Raze and removal. At the time of service of a notice of violation to the owner, theCode Official may order the owner of the premises or structure that is an unsafestructure to raze and remove the structure and to stabilize the disturbed area bygrading and seeding.

(2) Noncompliance. In the event the owner of a property fails to comply with an orderof the Code Official within the prescribed time of the order and upon exhaustion ofany and all legal remedies by the County, the Code Official, with the approval ofthe County, may enter the building or premises affected by the order and cause thebuilding or premises to be repaired or demolished and the materials removed, orcause any dangerous condition to be remedied through an available public agencyor by arrangement with private persons, as the case may be, at the expense of theowner of such property.

(3) Lien. If the owner fails to repay the County for expenses incurred underSubsection E(2) above within 90 days after written demand has been mailed to hislast known address, the Code Official shall notify the Collector of Taxes for CecilCounty and a tax lien in favor of the County for the amount of expenses incurredunder Subsection E(2) above shall attach to the property and any other applicablefees which the County has expended will also be applied to the lien.

F. Violations and penalties.

(1) Civil penalties. Any person who shall violate any provision of this section shall,upon conviction thereof, be subject to a civil penalty of not less than $100 and notmore than $5,000, at the discretion of the court. Each day a violation continuesafter notice of violation has been duly served shall be deemed a separate offense.

(2) Prosecution. If an order is not complied with in the prescribed time, the CodeOfficial may request the County's legal representative to institute appropriate civilaction. The Code Official may ask for the legal representative to proceed by civilaction against the person responsible for the violation in order to:

(a) Correct or remove any violations.

(b) Prevent occupancy or use of the structure in violation of this section.

(c) Hold violators accountable for unauthorized removal of any posted placard.

(d) Order payment of the civil penalty authorized by this section.

G. Right to appeal.

(1) A person affected by a decision of the Code Official which has been made inconnection with the enforcement of this section, or of a regulation adoptedpursuant to this section, may request and shall be granted a hearing in a manner asprescribed by the applicable code.

(2) A person aggrieved by a decision of the Code Official in connection with analleged violation of this section or demolition order issued under the provisions of

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this section may appeal such decision or order to the Building Boards of Appealsof the County within 10 days of receipt of such notice.

(3) Any decision of the Building Board of Appeals may be appealed to the CircuitCourt of Maryland in accordance with the Maryland Rules of Procedure.

§ 157-9. Violations and penalties; stop-work orders. [Added 8-18-2010 by Ord. No.2009-05]


CODE — The building, plumbing and mechanical codes as adopted by the Cecil CountyCouncil and enforced by the Department of Permits and Inspections.

CODE OFFICIAL — The official designated by the County Executive or his designeewho is charged with the enforcement of this chapter.6

PERSON; OWNER — Any person, corporation, association, partnership, firm,syndicate, joint venture, limited-liability corporation, or organization of any kind holdingtitle to any land or lot in the County; lessees, tenants and principal occupants of any landor lot in the County or agent of persons holding title to such lands or lots, having care,custody, control or management of land or lot; and fiduciaries holding title to and havingcare, custody, control or management of land or lots in the County for others.

STOP-WORK ORDER — A legal notice posted on a specific property by a CodeOfficial, indicating that a violation(s) of a code enforced by the Department of Permitsand Inspections has been found and all construction, alterations or repairs on the specificpremises be stopped until such time as the violation(s) has been remedied.

VIOLATION — Any person or authorized agent who constructs, enlarges, alters,repairs, moves, demolishes, or changes the occupancy of a building or structure or erects,installs, enlarges, repairs, removes, converts or replaces any gas, mechanical or plumbingsystem, the installation of which is regulated by the codes enforced by the Department ofPermits and Inspections, or to cause any such work to be done without obtaining theproper permits or which are found to be in noncompliance with the applicable codes.

B. Any person who shall violate a provision of this code or shall fail to comply with any ofthe requirements thereof or who erects, constructs, alters or repairs a building or structurein violation of an approved plan or directive of the Code Official or his designee or of apermit or certificate issued under the provisions of this code or who shall fail to obtain afinal use and occupancy certificate may be liable for a civil offense and, upon judicialfinding of said violation, may be liable for a fine of not more than $1,000 orimprisonment for not more than 90 days and, in addition, shall pay all costs and expensesassociated with the County's abatement of said violation, as well as any and all fair andreasonable attorneys' fees incurred as a result of said abatement efforts. Each day that a

6. Editor's Note: The definition of "penalty," which immediately followed this definition, was repealed at time ofadoption of Code (see Ch. 1, General Provisions, Art. I).

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violation exists shall be deemed a separate offense. Nothing herein contained shallprevent the County from taking such other lawful action as is necessary to prevent orremedy any violation.

C. Unlawful continuance. Any person who shall continue work in or about the structureafter having been served with a stop-work order, except such work as that person isdirected to perform to remove a violation or unsafe conditions, shall be liable for a fineof not less than $250 and not more than $1,000 and shall be liable for all costs, expensesand reasonable attorneys' fees associated with the County's administrative actions and/orlegal proceedings taken to discontinue any such work after the service of said stop-workorder. Each day that a violation continues shall be deemed a separate offense.

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Chapter 165

CEMETERIES § 165-1. Charge for pauper burials. § 165-2. Snow removal in cemeteries.


§ 165-1. Charge for pauper burials. [Added 11-5-1963]

A charge of $100 shall be made for pauper burials.

§ 165-2. Snow removal in cemeteries.

A. A funeral director shall first make arrangements with the responsible group for theCounty or state equipment to enter the cemetery for snow removal for funerals only. Thefuneral director shall be responsible to the responsible group for having the caretaker atthe entrance of the cemetery to direct the route of the equipment.

B. If this procedure is followed, the County shall not stand responsible or liable for anydamage caused by the equipment in the snow removal process in the cemetery.

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Chapter 180

CURFEW § 180-1. Definitions. § 180-4. Unlawful conduct of owners or

operators of establishments.§ 180-2. Unlawful conduct of minors; exemptions. § 180-5. Enforcement; violations and

penalties.§ 180-3. Unlawful conduct of parents. § 180-6. Authority to amend curfew

hours by resolution.




BONA FIDE ORGANIZATION — Any agency of federal, state or local government, or anynonprofit organization properly filed with the State of Maryland Department of Assessmentsand Taxation or recognized as a 501(c)(3) organization by the Internal Revenue Service.

ESTABLISHMENT — Any privately owned place of business carried on for a profit or anyplace of amusement or entertainment to which the public is invited.

MINOR — Any person under the age of 18 years.

OPERATOR — Any individual, firm, association, partnership or corporation operating,managing or conducting any establishment; and whenever used in any clause prescribing apenalty, the term "operator," as applied to associations or partnerships, shall include themembers or partners thereof and, as applied to corporations, shall include the officers thereof.

PARENT — Any natural or adoptive parent of a minor, a legal guardian or any person 21years of age or over legally responsible for the care and custody of a minor.

PUBLIC PLACE — Any public street, highway, road, alley, park, playground, wharf, dock,public building or vacant lot, as well as church, church ground, library and other suchprivately owned property used for public purposes.

REMAIN — To loiter, lounge, idle, wander, stroll, sit, or play in or upon.

§ 180-2. Unlawful conduct of minors; exemptions.

A. No minor shall remain in or upon any public place or any establishment between thehours of 11:00 p.m. Friday and 6:00 a.m. Saturday, nor between the hours of 11:00 p.m.Saturday and 6:00 a.m. Sunday, official Maryland time, nor between the hours of 10:00p.m. and 6:00 a.m. of the following day on any other day of the week.

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B. The provisions of this section shall not apply to any minor accompanied by a parent,adult relative or other person over the age of 21 years, nor to a minor upon an erranddirected by such minor's parent, nor to a minor attending a cultural, scholastic, athletic orrecreational activity supervised by a bona fide organization, nor to any minor who isengaged in gainful, lawful employment during the curfew hours.

§ 180-3. Unlawful conduct of parents. 1

No parent shall knowingly permit any minor not exempted under the previous section toremain in or upon any public place or any establishment during the curfew hours establishedin § 180-2A.

§ 180-4. Unlawful conduct of owners or operators of establishments. 2

No operator of an establishment or his agents or employees shall knowingly permit any minorto remain upon the premises of said establishment during the curfew hours established in§ 180-2A.

§ 180-5. Enforcement; violations and penalties.

A. Any police officer who finds a minor violating any provisions of this chapter shall obtaininformation from such minor as to his name, address, age and the name of his parent orparents. The minor shall thereupon be instructed to proceed to his home forthwith. Theinformation obtained from the minor shall be reported to the Police Department, whichshall cause a written notice to be mailed to the parent or parents of the minor, advising ofthe violation of this chapter.

B. Any parent who shall violate any provision of this chapter after having received notice ofa prior violation occurring within the preceding 12 months shall be deemed to havecommitted a municipal infraction, the penalty for which shall be $25 for each offenseand $50 for each repeat offense.

C. Notice is presumed to be received by a parent if it is deposited in a depository formailing United States mail, properly addressed and with the proper first-class postagepaid. Such mailing may be shown by the records of the sending agency made in theregular course of its business.

D. Any minor found guilty of violating any provision of this chapter shall be found guilty ofa misdemeanor and may be reported to Juvenile Services.

E. Violation of this chapter by the operator of an establishment and any agents oremployees of any operator is declared to be an infraction, the penalty for which shall be$25 for each initial offense and $50 for each repeat offense.

F. Each violation of the provisions of this chapter shall constitute a separate offense.



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§ 180-6 CURFEW § 180-6

§ 180-6. Authority to amend curfew hours by resolution.

The curfew hours as stated above may be amended or suspended by a resolution of thegoverning body adopted at a public meeting. In considering such amendment or suspension,the governing body shall consider the impact of changing its curfew hours from thoserecognized elsewhere throughout the County.

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Chapter 191

ELECTRICAL STANDARDS

ARTICLE I § 191-13. Annual report. General Provisions

ARTICLE III § 191-1. Purpose. Administration§ 191-2. Adoption of National Electric

§ 191-14. Permit required. Code.

§ 191-15. License classes, issuance and § 191-3. Compliance required. renewal.§ 191-4. Applicability. § 191-16. Inspections and approvals. § 191-5. Definitions. § 191-17. Emergency inspections.

ARTICLE II § 191-18. Inspectors and inspectionBoard of Electrical Examiners agencies.

§ 191-19. Fees. § 191-6. Membership; terms; vacancies.

§ 191-20. Cut-in card required. § 191-7. Oath of office; officers.

§ 191-21. Right of entry.§ 191-8. Salaries and compensation.

§ 191-22. Violations and complaints; § 191-9. Meetings and quorum. notice. § 191-10. Powers and duties. § 191-23. Violations and penalties. § 191-11. Legal advice and assistance. § 191-24. Denial, rescission, withdrawal

and/or suspension of permits.§ 191-12. Appeals.


GENERAL REFERENCES

Building construction — See Ch. 157. HVAC standards — See Ch. 229.Energy conservation standards — See Ch. 195. Plumbing — See Ch. 270.Housing standards — See Ch. 225.


§ 191-1. Purpose.

This chapter is enacted pursuant to the authority contained in the Annotated Code ofMaryland. This chapter is enacted for the protection and promotion of the health, safety, andwelfare of the citizens of Cecil County by implementing specific requirements andestablishing reasonable safeguards for the installation and repair of electrical systems andequipment. This chapter shall be known as the "Electrical Standards for Cecil County."

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§ 191-2. Adoption of National Electric Code.

For the purpose of establishing rules and regulations for the installation, renewal, extensionand reception of electrical wiring and electrical apparatus in new and existing buildings,structures or outdoor electrical displays and signs, or in the construction, reconstruction,alteration or repair of buildings, structures or outdoor electrical displays or signs, that certaincode known as the "National Electrical Code," as recommended by the National FireProtection Association, being particularly the current edition thereof and the whole thereof,hereinafter referred to as the "National Electrical Code," is hereby adopted and incorporatedas fully as if set out at length herein; and from the date on which this chapter takes effect, theprovisions thereof and all amendments thereto shall be controlling for all existing and futureelectrical wiring and apparatus in buildings, structures or outdoor electrical displays or signswithin the corporate limits of Cecil County, Maryland.

§ 191-3. Compliance required. 1

All electrical installations in Cecil County shall meet the standards and requirements set forthby the National Electrical Code as established in § 191-2 above.


A. No person may install, replace, or erect any kind of electrical wiring, conduits, or wiringto or repair of electrical elements or circuits of machinery, motors, fixtures, signs,electrically operated heating equipment, elevators, or any other electrically operatedapparatus or device in, on or about any premises in Cecil County without havingobtained a license and permit as required by the County and/or the state, or havingotherwise complied with these regulations, except:

(1) Any electric light or power company, any railway company, any telegraph ortelephone company, or any cable television company or any persons performingelectrical work for any such company when such work is a part of the plant orservices used by the company in rendering its authorized services to the public orto businesses regulated by the Public Service Commission.

(2) The provisions of this chapter shall not apply to installations or equipment of theUnited States government.

B. For specific permit requirements, refer to § 191-14.



BOARD — The Cecil County Board of Electrical Examiners.


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§ 191-5 ELECTRICAL STANDARDS § 191-5

BUILDING OFFICIAL — The Director of the Department of Permits and Inspections or hisdesignee.

CODE — The adopted Cecil County Electrical Code.

CONTINUING EDUCATION — Any course or training in practical techniques, installationprocedures and materials based on the latest edition of the National Electrical Code,administered by a State of Maryland recognized training program, or by a college, tradeschool, organization or individual approved by the Board.

COUNTY COUNCIL — The County Council of Cecil County, Maryland.

CUT-IN CARD — The written authorization from an authorized inspection agency to thepower company in order to connect power to an electrical system.

DEPARTMENT — The Department of Permits and Inspections.

ELECTRICAL CODE — The Cecil County Electrical Code, which includes the adoptededition of the National Electrical Code and any amendments pursuant to this chapter.

ELECTRICAL PERMIT — An approved application to do electrical work that has been filedwith the Department.

ELECTRICAL WORK — The installation, replacement, alteration, addition, or erection ofall or part of any electrical wiring, fixture, apparatus, raceway or conduit that generates,transmits, transforms or utilizes electrical energy for light, heat, power or communications.

ELECTRICIAN —

A. MASTER ELECTRICIAN — A person licensed by the County to install, repair andmaintain a particular apparatus, device or fixture in accordance with the Electrical Code,including but not limited to electrical raceways, conductors, fixtures, signs, motors,switchgears and distribution systems, fixed electrical heating systems or any other fixedelectrical equipment or apparatus which conducts or consumes electricity.

B. LIMITED ELECTRICIAN — A person licensed by Cecil County to install, repair andmaintain a particular apparatus, device or fixture in accordance with the Electrical Code,limited to branch wiring for automatic heating furnaces whose principal operation isderived from fuel oil, gas, steam or coal; refrigeration and air-conditioning equipment;illuminated signs; elevators; x-ray machines and similar specialties.

INSPECTION AGENCY — One or more nongovernmental organizations recommended bythe Board of Electrical Examiners and the County Executive and designated by the County asthe approved inspection agency or agencies. Such designation shall be by administrativeresolution of the County Council upon application by the agency or agencies.2

INSPECTION CERTIFICATE — The certificate of inspection issued by theinspector/inspection agency indicating that the installation is in conformity with this code andthe current adopted electrical code. Copies of the certificate are required to be forwarded to


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the Department of Permits and Inspections by the owner or contractor or his/her agent prior touse or occupancy of the structure.

INSPECTOR — An individual employed by a nongovernmental agency who is licensedthrough the State Fire Marshal's Office and has been approved by the County to performelectrical inspections. An inspector may also be an individual who is hired by Cecil County asa Cecil County employee who meets the requirements of the specific job description for theposition which are equal to or greater than those for a nongovernmental agency inspector.

SHELVED LICENSE — A license that is inactive but can be reactivated by renewal andpaying the renewal license fee for the applicable class and has maintained the continuingeducation requirements as established by the Board.

ARTICLE IIBoard of Electrical Examiners

§ 191-6. Membership; terms; vacancies.

A. In accordance with the Charter, the County Executive shall appoint a board which shallbe known as the "Board of Electrical Examiners," consisting of seven persons for thepurpose of examining the qualifications and capabilities of all persons who are engagedin, or desire to engage in, the business of master electrician or limited electrician asdefined in this chapter.3

B. The County Executive, in accordance with the Charter, shall appoint seven members. Allmembers shall be residents of Cecil County. The Board so appointed shall consist of atleast four persons who are competent practical Cecil County master electricians whohave been duly licensed as master electricians for at least three consecutive years prior tothe appointment. One member shall be a person whose name appears on a list ofcandidates recommended by the Cecil County Fireman's Association, if such a list isfurnished to the County Executive. The remaining member or members shall be personsselected by the County Executive as he may deem appropriate, who may or may not befrom the building industry, a utility company or the general public.4

C. Two of the members appointed shall serve a term of one year, three of the membersappointed shall serve terms of two years, and two of the members appointed shall serveterms of three years. All appointments for successors to the members appointed shall befor a period of three years.

D. If a vacancy occurs for any cause during the term of a Board member as herein providedfor, the County Executive shall appoint someone to fill the vacancy for the remainder ofthe term of said Board member. In the case of a vacancy from among the practicalelectrician Board members, the Board of Electrical Examiners shall submit to the CountyExecutive a list of three names of potential replacements, and such appointment shalloccur within 60 days.



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E. The Board of Electrical Examiners shall continue to serve at the pleasure of the CountyExecutive and shall be designated with the duties as enumerated in § 191-10 of thischapter.

§ 191-7. Oath of office; officers.

The members of said Board shall respectively take and subscribe the oath required by otherstate officers. They shall have the power to elect out of their number a President, Secretaryand Treasurer and adopt such bylaws for the transaction of business as they deem expedientand necessary.

§ 191-8. Salaries and compensation.

Each member of said Board shall receive compensation at a rate the County determines forattending meetings and other expenses incurred in connection with his/her official duties. Anycompensation and expenses of said Board shall be paid out of the budget of the Department ofPermits and Inspections.

§ 191-9. Meetings and quorum.

The Board shall meet at least quarterly in each year in Cecil County and shall hold specialmeetings as frequently as the proper and efficient discharge of its business requires. Fourmembers of the Board shall constitute a quorum for the purpose of doing business. In allproceedings of the Board, a majority of all members thereof shall be necessary to bind theBoard.


The Board of Electrical Examiners shall advise the County and aid in the supervision andenforcement of any rule or regulation adopted pursuant to the authority of the code andMaryland law. The Board shall act as an appeals board concerning matters arising under theadopted code and any licensing provisions; the Board is authorized to adopt rules ofprocedure. The Board shall perform other functions as delegated from time to time by theCounty and shall be designated with the following duties and powers:

A. To recommend changes in this chapter setting up licensing regulations.

B. To prepare and administer electrical licensing examinations.

C. To make recommendations for the changes in codes pertaining to electrical work in CecilCounty.

D. To aid in the conducting of hearings as determined necessary by the County on electricalregulations and business.

E. To approve reciprocal licensing agreements with other municipalities and localgovernments with similar regulations.

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F. To recommend enforcement procedures as may be desirable and necessary to assist theDepartment of Permits and Inspections from time to time as it pertains to electricalinspections or specific issues or violations.

G. Under the hand of the President of the Board, to subpoena witnesses and compel theirattendance, and the Board may also require the production of papers or documents in anycase involving the revocation of a license or a charge of practicing or offering to practicewithout a license. If any person refuses to obey a subpoena so issued or refuses to testifyor produce said papers or documentation, the Board shall present its petition to theCircuit Court of Cecil County setting forth the facts.

H. Through the Department of Permits and Inspections, the Board of Electrical Examinersshall maintain minutes of its meetings. The Department of Permits and Inspections shallmaintain appropriate records relating to licensing of electricians, permits and hearings.

I. The Board of Electrical Examiners shall review applications and recommend to theCounty approved electrical inspection agencies.

J. The Board of Electrical Examiners shall establish the quantity, quality and manner ofperformance of the continuing education requirements.

K. The Board of Electrical Examiners shall advise the County on other functions consideredhelpful in the control and conduct of electrical business and installations within CecilCounty.

§ 191-11. Legal advice and assistance.

The County Attorney and/or his designee shall act as legal advisor to the Board of ElectricalExaminers and render such legal assistance as the Board may request from time to time. TheCounty Attorney and/or his designee shall represent the County and assist in any prosecutionof violations of this chapter.

§ 191-12. Appeals.

A. Any person affected by any decision made in connection with the enforcement of anyprovision of this code, or of a regulation adopted pursuant to this code, may request andmay be granted a hearing before the Board of Electrical Examiners in a manner asprescribed by this code.

B. The appellant shall apply for a hearing within 15 days of the order, notice or decision bywhich he/she is affected or which he/she feels was unreasonable. The appellant in anymatter shall have the burden of proof and shall also be responsible for any cost incurredas established by the County Council.

C. Any decision of the Board of Electrical Examiners may be appealed to the Circuit Courtof Maryland in accordance with the Maryland Rules of Procedure.

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§ 191-13. Annual report.

The Board of Electrical Examiners shall, through the Department of Permits and Inspections,submit an annual report to the County, before the first Tuesday of August of each year,containing a detailed statement of all activities pertaining to licenses, examinations andviolations handled by the Board during the preceding fiscal year. The Board shall submit tothe County minutes of any meetings.

ARTICLE IIIAdministration

§ 191-14. Permit required.

A. In the case of any electrical installation for which a permit is required under this chapter,it shall be unlawful for any person to maintain or allow to be maintained such installationif it was installed without a permit and/or does not conform to the requirements of thischapter. Exception: No permit shall be required to repair portable electrical equipment orlighting fixtures, or to repair or replace sockets, receptacles or snap switches, or to makeother minor repairs at existing outlets, or to replace motors with motors of the samehorsepower rating. The motor-for-motor replacement shall be like-for-like replacement.

B. Any person permitted to install electrical work must first secure a permit to do so fromthe Department of Permits and Inspections of Cecil County, or the department sodesignated by the County, before starting any such work. Upon notification to theDepartment, in cases of emergency, an electrician may proceed without permits,inspections and approval but shall acquire all such approvals within a reasonable time asset forth by the Board.

C. In the case of any existing electrical installations, it shall be unlawful for theseinstallations to be maintained in a hazardous and unsafe condition, and it is theresponsibility of the owner to acquire the necessary permits to correct such hazardousand unsafe conditions in accordance with the Electrical Code.

D. Where the master electrician who was originally issued a permit is removed from thework by the owner and is being replaced by another master electrician, the owner shallnotify the Department of Permits and Inspections, in writing, of the proposed change. Anew permit may be issued, and at this time the new master electrician shall be required tosign documentation assuming responsibility for the work for the entire project. The feefor the new permit shall be the same as the original permit.

§ 191-15. License classes, issuance and renewal.

A. There are three classes of electrical licenses as defined in § 191-5 of this chapter:

(1) Master.

(2) Limited.

(3) Shelved.

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B. No person may install, replace, or erect any kind of electrical wiring, conduits, or wiringto or repair of electrical elements or circuits of machinery, motors, fixtures, signs,electrically operated heating equipment, elevators, or other electrically operated apparatusor device in, on or about any premises in Cecil County without having obtained a licenseand permit as required by the County, and/or the state, or having otherwise compliedwith these regulations, except:

(1) Utility companies regulated by the Public Service Commission of Maryland whenworking on the line side of a meter.

(2) Radio and television transmitting stations licensed and commissioned by theFederal Communications Commission regulations.

C. License renewal.

(1) Before the Board of Electrical Examiners shall issue or renew an electrician'slicense, it shall require the applicant to:

(a) Provide the Board with such current information as to experience, educationand training in or related to the construction, maintenance, installation orrepair of all types of electrical equipment and apparatus or, in the case of anapplication for a limited electrician's license, such information as it relates tothe particular type of license requested (i.e., HVAC, signs, low voltage, etc.).All information shall be strictly confidential.

(b) Pass a written examination conducted by the Board predicated upon thestandards of the Electrical Code and rules and regulations adopted by theBoard and the County Council.

(c) Pay to the County, at the time of filing the application, a nonrefundable feein the amount as set forth in the fee schedule adopted by the County Council.

(d) Carry general liability insurance in the amount of $300,000 and propertydamage insurance in the amount of $100,000. Notice of cancellation ofgeneral liability insurance or property insurance shall be forwarded to theBoard by both the applicant and the insurer within 10 days after thecancellation date. Any license holder whose insurance expires and who failsto renew such insurance shall have his/her ability to perform work suspended.Inactive license holders are exempt from this requirement.

(e) Provide verification of five hours of Board-approved continuing educationduring the preceding year prior to license renewal.

(f) Meet all guidelines established by the State of Maryland.

(2) All approvals or denials of such applications shall be personally served or mailedby certified mail to the address on the application.

(3) In all instances where there is a requirement that an applicant for a license meet apreliminary time provision, it is the duty and responsibility of the applicant toprovide statements of service and supervision of the persons under whom the

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applicant served. The statements shall be signed under oath by the applicant andthe certifying person.

(4) A person who qualifies for a license under this chapter shall pay to the County alicense fee as established and set by the County.

(5) A licensee who qualifies to renew a license under this chapter may renew thelicense on or before the first day of May.

(6) Each license issued under the provisions of this chapter shall be for a period not toexceed one year. All licenses shall expire on the first day of May in each year.

D. Shelved license.

(1) Any master or limited electrician may shelve his or her license in inactive status.Thereupon, the licensee may not engage in any electrical work governed by thischapter.

(2) A shelved license shall be reactivated upon written request by the licensee to theBoard of Electrical Examiners and payment of the ordinary renewal license fee andsupporting documentation as required by the Board for the applicable class.

(3) The insurance requirement of Subsection C(1)(d) above need not be kept in forcewhile a license is shelved.

§ 191-16. Inspections and approvals.

A. Upon the completion of any installation of electrical equipment that has been made undera permit, it shall be the duty of the person, firm, or corporation making the installation tonotify the electrical inspection agency having jurisdiction, which shall inspect the workwithin a reasonable time as defined by the Board.

B. Certification of the electrical installations is required within 15 days after completion,and each such installation shall be certified by an authorized electrical inspection agencythat is qualified to issue inspection certificates.

C. When any portion of an electrical installation within the jurisdiction is to be hidden fromview by the permanent placement of parts of the building, the person, firm or corporationinstalling such equipment shall notify the electrical inspection agency, and suchequipment shall not be concealed until it has been inspected. Where the concealment ofequipment proceeds continuously, the person, firm or corporation installing theequipment shall give the electrical inspection agency due notice in advance, andinspections shall be made periodically during the progress of the work.

D. Any concealment of electrical work or proceeding without the proper inspections mayresult in the stop-work of the project and/or the assessment of penalty fees. The removalof such parts of a building to inspect the work properly will be required to perform theproper inspections.

E. Upon inspection, if any installation is found not in conformity with the applicableelectrical codes and any other rules, regulations or ordinances, the inspector making the

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inspection shall at once forward to the person, firm or corporation making the installationa written notice stating the defects that have been found to exist.

F. At any stage of approval or denial of the installation (rough, final, etc.), the inspectorshall place/post in a conspicuous location on the property or structure a sticker or similarindicator that the job has been either approved or disapproved.

G. Where the inspector finds the installation to be in conformity with all applicable localordinances and all rules and regulations, the inspector shall issue to the person, firm orcorporation making the installation a certificate of approval, with a duplicate copy fordelivery to the owner, authorizing the connection to the supply of electricity and shallsend written notice of such authorization to the supplier of electrical service. The owner,contractor or its agent shall forward a copy of the certification to the Department ofPermits and Inspections.

H. When a temporary approval is issued authorizing connection of an installation, thecertificate of approval shall be issued to expire at a time to be determined therein andshall be revocable by the electrical inspector or the Board of Electrical Examiners for justcause.

§ 191-17. Emergency inspections. 5

Whenever in the judgment of the Code Official, Emergency Services Director, State FireMarshal, Local Fire Chief or Incident Commander, or his/her designee, there exists a potentialsituation which requires the inspection by an electrical inspector or electrical inspectionagency, an inspector shall be called from the list of approved agencies or inspectors, and anycharges for such inspections shall be forwarded to the County for disposition of any relatedcosts.

§ 191-18. Inspectors and inspection agencies.

The County shall appoint such inspectors or approve and license such inspection agencies asdefined in the code as the County so desires to protect and promote the health, safety andwelfare of the citizens of Cecil County.

A. One or more nongovernmental organizations may be designated from time to time as theapproved inspection agency or agencies.6

B. In determining the qualifications of an inspection agency, the County, in conjunctionwith the recommendation of the Board of Electrical Examiners, shall consider the recordof the inspection agency in any jurisdiction within or without this state, as well as otherobjective indicators, including but not limited to certifications issued by the Departmentof Economic and Community Development relating to the qualifications of the agency to



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inspect industrialized buildings and mobile homes as defined in the IndustrializedBuildings and Mobile Homes Act.7

C. The agency shall be approved to perform inspections as a nongovernmental inspectionagency under the provisions of Public Safety Article, § 12-605, of the Annotated Code ofMaryland, and COMAR Title 29, Department of State Police, Subtitle 07, Office of theState Fire Marshal, 29.07.01, Nongovernmental Electrical Inspectors.

D. No inspection agency shall be designated as the approved inspection agency for CecilCounty until the inspectors of such agency shall have obtained a qualification certificateor such other evidence of competence as may from time to time be issued by the Officeof the State Fire Marshal.

E. Each qualifying agency shall pay an annual inspection agency license fee as set forth bya fee schedule established by the County.

F. Each agency performing inspections within Cecil County shall be required to carry errorsand omissions/professional liability insurance in an amount established by the County.

G. Each inspector employed by an approved inspection agency who conducts inspections inCecil County must place his/her license on inactive status or shelve such license asrequired by Business Occupations and Professions Article, Title 6, § 6-313, of theAnnotated Code of Maryland and must be registered as an inspector with the Board.Such registration shall include registration of his/her name, address, home telephonenumber and/or cell phone number and such identifying data as the Board shall require.8

H. The County, upon recommendation from the Board of Electrical Examiners orcircumstances beyond the scope and control of the Board that are or would negativelyimpact the safety, welfare and operational capacity of the citizens, is hereby authorized toemploy County electrical inspectors. Upon employment of such inspector(s), thenongovernmental organization heretofore designated as the inspection agency under thischapter shall be discharged, and the duties set forth in this chapter shall be performed bythe County electrical inspector(s).

§ 191-19. Fees.

All permit and license fees shall be established by resolution by the County Council asprovided for by law. Copies of the fee schedule shall be available in the offices of the CecilCounty Council, Board of Electrical Examiners and the Department of Permits andInspections. Any fees for inspections shall be established and assessed by the agencyproviding the inspection service.

7. Editor's Note: See the Public Safety Article of the Annotated Code of Maryland, § 12-301 et seq.


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§ 191-20. Cut-in card required.

After July 1, 1978, no electrical light or power company shall attach its power lines or electricmeters to any consumer's property or portion thereof within the borders of Cecil Countyunless the work has been installed by a master electrician licensed under this chapter and untila temporary or permanent meter cut-in card has been issued by an authorized electricalinspection agency and sent to the power company furnishing power to the consumer'sproperty. Any temporary or permanent cut-in card may be revoked by a majority vote of theBoard of Electrical Examiners upon presentation to the Board of sufficient evidence thatcontinued use of electrical energy will result in damage to persons or property.

§ 191-21. Right of entry.

When it is necessary to make an inspection to enforce the provisions of this chapter, or wherethe electrical inspector has reasonable cause to believe that there exists in a structure or upona premises a condition which is contrary to or in violation of this code which makes thestructure or premises unsafe, dangerous or hazardous, the electrical inspector or his designeeis authorized to enter the structure or premises at reasonable times to inspect or perform theduties imposed by this code, provided that if such structure is occupied, credentials shall bepresented to the occupant and entry shall be requested. If such structure or premises isunoccupied, the electrical inspector shall first make reasonable effort to locate the owner orother person having charge or control of the structure or premises and request entry. If entry isrefused, the electrical inspector shall have recourse to the remedies provided by law to secureentry.

§ 191-22. Violations and complaints; notice.

A. When a violation occurs or a complaint is received, such complaint/violation willgenerate a report which is forwarded to the Director of Permits and Inspections or hisdesignee. Upon receipt of the complaint/violation report, the Director or his designeeshall contact one of the approved inspection agencies or inspectors and request that aninvestigation be performed.

B. Whenever the inspection agency or inspector determines that there has been a violationof this code or has reasonable grounds to believe that a violation has occurred, a copy ofsaid violation shall be forwarded to the Director of Permits and Inspections, who shalltake the appropriate action necessary to resolve such complaint/violation.

C. Notice shall be given to the owner and/or party responsible, providing specificinformation and code criteria in regards to the violation and shall give a specific time inwhich said violation shall be resolved. Notice shall be deemed to be properly servedupon the property owner and/or contractor by one of the following methods:

(1) By delivering to the person to be served or his agent a copy of the notice and allother necessary paperwork.

(2) By mailing to the person to be served at his last known address or to his agent bycertified or registered mail, with return receipt requested, a copy of the notice andall other necessary paperwork.

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(3) If the certified or registered letter is returned with receipt showing that it has notbeen delivered or claimed, and all other remedies have been exhausted for suchdelivery, the notice shall be served by posting it in a conspicuous place in or aboutthe structure affected by the notice.

D. All costs incurred by the County in the investigation of such valid violations/complaintsshall be the burden of the property owner and/or his contractor, and no permits shall beissued to either until such time as all outstanding fees are paid.


A. Any person who shall practice or engage or continue in the work of a master or limitedelectrician without having complied with all of the provisions of this chapter and anyperson not licensed as a master or limited electrician who shall do or perform any suchwork except under the direction of a master or limited electrician and any person havingbeen licensed as a master or limited electrician and who shall fail to renew his license asherein provided and shall do or perform any such work or who shall violate any of theprovisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof,shall be sentenced to pay a fine of not less than $100 nor more than $1,000 or toimprisonment not to exceed 90 days, or both, in the discretion of the court, and any suchconviction shall ipso facto revoke and annul any license that may have been issued tosuch person.

B. The County shall seek all reasonable costs and expenses associated with the County'sabatement of said violation(s), as well as any and all fair and reasonable attorneys' feesincurred as a result of said abatement efforts. Each day that a violation continues shall bedeemed a separate offense. Nothing herein contained shall prevent the County fromtaking other lawful action as is necessary to prevent or remedy any violation.9

§ 191-24. Denial, rescission, withdrawal and/or suspension of permits.

A. At any time that the electrical inspection agency for Cecil County or the Board ofElectrical Examiners of the County determines that an electrical contractor has installed,repaired, maintained or erected any kind of electrical wiring, conduits, or wiring to orrepair of electrical elements or circuits of machinery and fixed or stationary appliances,motors, fixtures, signs, electrically operated heating equipment, elevators, or otherelectrically operated apparatus or device in, on or about any premises in Cecil County inviolation of this chapter or any other chapter of this Code, notice shall be sent to saidelectrician advising said electrician of said violation. Said notice shall be presumedreceived upon being mailed to the address of said electrician on the permit issued to saidelectrician for the specific project three days after mailing. If no permit has been issuedfor said work, the notice shall be sent to the last known address of record on file for saidelectrician in the Department of Permits and Inspections. Until said violation has beencorrected, the Department of Permits and Inspections and/or the Director of Permits andInspections shall have the power to suspend any permits issued to said electrician,


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withdraw any permits issued to said electrician and/or deny any permits requested bysaid electrician.

B. For the purposes of this section, "electrician" shall be defined to mean the party to whomthe electrical permit for the building/installation not in compliance was issued and shallalso include any party actually performing the work of construction/installation upon saidbuilding/project. The "electrician" shall also include any officer of any corporation, anypartner of any partnership or any related corporation, partnership, limited-liabilitycompany or limited-liability partnership owned in whole or in part by anyaforementioned party.

C. While any violation is in effect and has not been rectified to the satisfaction of theelectrical inspector for Cecil County, all permits related to the property owner/owners forwhich the violation exists may also be suspended, denied, withdrawn or rescinded.

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Chapter 195

ENERGY CONSERVATION STANDARDS § 195-1. Adoption of standards. § 195-5. Fees.

§ 195-2. Higher standards to govern. § 195-6. Definitions.

§ 195-3. Adoption of amendments. § 195-7. Suspension, withholding or revocation of permits.§ 195-4. Amendments, additions and

deletions. § 195-8. Violations and penalties;stop-work orders.

[HISTORY: Adopted by the Board of County Commissioners (now County Council) attime of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments notedwhere applicable.]

GENERAL REFERENCES

Building construction — See Ch. 157. HVAC standards — See Ch. 229.Electrical standards — See Ch. 191. Plumbing — See Ch. 270.Housing standards — See Ch. 225.

§ 195-1. Adoption of standards.

A. A certain document, copies of which are on file in the Department of Permits andInspections of Cecil County, being marked and designated as the "International EnergyConservation Code, 2012 Edition," as published by the International Code Council, beand is hereby adopted as the Energy Conservation Code of Cecil County, Maryland, forregulating and governing energy-efficient envelopes and installation of energy-efficientmechanical, lighting and power systems as therein provided, providing for the issuance ofpermits and collection of fees therefor; and each and all regulations, provisions, penalties,conditions and terms of said Energy Code on file in the Office of Permits andInspections are hereby referred to, adopted and made a part hereof, as if fully set out inthis chapter.

B. In addition to the code listed in Subsection A above, local jurisdictions are responsiblefor the implementation and enforcement of the Maryland Building PerformanceStandards.

§ 195-2. Higher standards to govern.

Additional requirements concerning energy conservation for buildings and structures may berequired by the Energy Conservation Building Standards, Public Utilities Article, §§ 7-401through 7-408, Annotated Code of Maryland, as amended.

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§ 195-3. Adoption of amendments.

The International Code Council issues an amended Energy Conservation Code approximatelyevery three years. Amendments incorporated into subsequent International EnergyConservation Codes are hereby adopted prospectively. The date that such amendments shallbe effective in Cecil County shall be the date when the Director of Permits and Inspectionsshall have received copies of said future editions and shall have presented to and receivedadoption by the Cecil County Council as the new official Energy Conservation Code of CecilCounty.

§ 195-4. Amendments, additions and deletions.

The following sections of the 2012 International Energy Conservation Code are herebyrevised and amended as follows:

A. Section C101.1 Title.

(1) Insert: "Cecil County" (Name of Jurisdiction).

(2) Add: "In addition to the International Energy Conservation Code, localjurisdictions are responsible for implementation and enforcement of the MarylandBuilding Performance Standards."

B. Section C108.4 Failure to comply.

(1) Delete: "shall be liable to a fine of not less than $250 dollars or more than $2,500dollars."

(2) Insert: "may be liable to a fine as adjudicated by the court having jurisdiction andmay also be responsible for any and all costs incurred by the County in pursuit ofcompliance."

§ 195-5. Fees.

All fees shall be established by the County as provided for by law. Copies of the fee schedulewill be available in the Department of Permits and Inspections.



BUILDER/CONTRACTOR — The party to whom a permit for the building or structure notin compliance was issued and shall also include any party actually performing the work ofconstruction upon said building. The builder/contractor shall also include any officer of anycorporation, any partner of any partnership or any related corporation, partnership,limited-liability company or limited-liability partnership owned in whole or in part by anyaforementioned party.

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§ 195-6 ENERGY CONSERVATION STANDARDS § 195-7

CODE — The building, plumbing, mechanical, electrical or energy codes or otherconstruction-related codes adopted by Cecil County and enforced by the Department ofPermits and Inspections.

CODE OFFICIAL — The official or his designee appointed by the County Executive, who ischarged with the enforcement of the building, plumbing, mechanical, electrical and energycodes or other construction-related codes as adopted by Cecil County.

PERSON; OWNER — Any person, corporation, association, partnership, firm, syndicate,joint venture, limited-liability corporation, or organization of any kind holding title to anyland or lot in the County; lessees, tenants and principal occupants of any land or lot in theCounty or agent of persons holding title to such lands or lots, having care, custody, control ormanagement of land or lots in the County for others.

STOP-WORK ORDER — A legal notice posted on a specific property, building, structure orequipment by a Code Official, indicating that a violation(s) of a code enforced by theDepartment of Permits and Inspections has been found and therefore all construction,alterations or repairs on the specific premises or equipment shall be stopped until such time asany and all violations have been remedied.

VIOLATION — Any person or authorized agent who constructs, enlarges, alters, repairs,moves, demolishes, or changes the occupancy of a building or structure or erects, installs,enlarges, repairs, removes, converts or replaces any gas, mechanical, plumbing, energy orelectrical system, the installation of which is regulated by the codes enforced by theDepartment of Permits and Inspections, or to cause such work to be done without obtainingthe proper permits or which are found to be in noncompliance with the applicable codes.

§ 195-7. Suspension, withholding or revocation of permits.

A. Suspension. Whenever the Department of Permits and Inspections or any designatedCode Official of the County determines that an owner or contractor, as defined in thischapter, is in violation of the provisions of this code or other rules and regulations of anyother department or agency of Cecil County in connection with the erection, alteration ordemolition of buildings, structures, lands, or equipment thereon or therein, the Director ofPermits and Inspections or his designee may suspend all active permits and inspectionsnecessary which the individual has acquired or may need until such time as any and allviolations have been corrected.

B. Withholding. Whenever the Department of Permits and Inspections or any designatedCode Official of the County shall find that any contractor or owner, as defined in thischapter, is in violation of this code or the rules and regulations of any other departmentor agency of Cecil County in connection with the erection, alteration or demolition ofbuildings, structures, land or equipment thereon or therein, the Director of Permits andInspections or his designee may refuse to grant any additional permits to the contractoror owner until all such violations have been corrected.

C. Revocation. The Department of Permits and Inspections or any designated Code Officialof the County may revoke a permit or approval issued under the provisions of the codewhen it is determined that any owner or contractor, as defined in this chapter, is inviolation of this code in the case of any false statement or misrepresentation of fact in the

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application or on the plans on which the permit or approval was based. If any permit isissued in violation of the provisions of this code or other laws, resolutions andregulations of Cecil County, or laws of the State of Maryland, or without properauthority, it may be voided as if it had never been issued.

D. Notice. Once it has been determined by the designated Code Official that a violation ofthe provisions of this code or any other construction-related code of the County hasoccurred, notice shall be sent to the owner or contractor, as defined in this chapter, whois responsible for said violation, advising said owner or contractor. Said notice shall bepresumed received upon being mailed to the address of said owner or contractor that isprovided for on the permit issued to said owner or contractor for said building/structurethree days after mailing. If no permit exists, said notice shall be presumed received uponbeing mailed to the address for the individuals responsible based on tax assessments orother information available three days after mailing. Until such violation has beencorrected, the Department of Permits and Inspections and/or any appropriate CodeOfficial of the County shall have the power to withhold any further permits requested bysaid owner or contractor.

§ 195-8. Violations and penalties; stop-work orders.

A. Any person who shall violate a provision of this code or shall fail to comply with any ofthe requirements thereof or who erects, constructs, alters or repairs a building, structureor equipment in violation of an approved plan or directive of the Code Official of hisdesignee or of a permit or certificate issued under the provisions of this code may beliable upon judicial finding of said violation to a fine of not more than $1,000 orimprisonment for not more than 90 days and, in addition, shall pay all costs and expensesassociated with the County's abatement of said violation, as well as any and all fair andreasonable attorneys' fees incurred as a result of said abatement efforts. Each day aviolation exists shall be deemed a separate offense. Nothing herein contained shallprevent the County from taking such other lawful action as is necessary to prevent orremedy any violation.

B. Unlawful continuance. Any person who shall continue work in or about the structureafter having been served with a stop-work order, except such work as that person isdirected to perform to remove a violation or unsafe conditions, shall be liable for a fineof not less than $250 and not more than $1,000 and shall be liable for all costs, expensesand reasonable attorneys' fees associated with the County's administrative actions and/orlegal proceedings taken to discontinue any such work after the service of said stop-workorder. Each day that a violation continues shall be deemed a separate offense.

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Chapter 202

FEES

ARTICLE IDeed Transfer Fee

§ 202-1. Transfer of interest in land fee.


ARTICLE IDeed Transfer Fee


§ 202-1. Transfer of interest in land fee. [1961 Code, § 121; 1970 Code, Sec. 1-13; 1988,ch. 277, § 2; 11-16-19991 ; 2000, Ch. 47, § 1]

There shall be paid to Cecil County, Maryland, before recording any deed or other instrumentinvolving the transfer of an interest in land, a transfer fee in the amount of $10.

1. Editor's Note: This ordinance also provided that all previous actions of the Treasurer (now Director of Finance) andthe Board of County Commissioners (now County Council) increasing the transfer fee from $3 to $10, effective7-1-1989, were ratified and confirmed.

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Chapter 209

FOXES § 209-1. Shooting or killing fox pursued § 209-3. Selling fox or fox hide; killing by hounds or dogs. foxes harming poultry.

§ 209-2. Digging out female fox or § 209-4. Violations and penalties; whelps. enforcement.


GENERAL REFERENCES

Animal care and control — See Ch. 142.

§ 209-1. Shooting or killing fox pursued by hounds or dogs. [1961 Code, §§ 223, 224;1970 Code, Sec. 10-1]

A. Any person or persons who shall shoot, kill or wound any fox or foxes while beingpursued by hounds or a hound within the limits of Cecil County shall be guilty of amisdemeanor and, upon conviction thereof, shall pay a fine of $10 for every suchoffense, together with the costs of prosecution, and upon failure to pay the same shall becommitted to the County jail until the fine and costs are paid.

B. It shall not be lawful to shoot, shoot at, trap, set a trap for, injure or kill any fox in CecilCounty while such fox is being pursued by dog or dogs.

§ 209-2. Digging out female fox or whelps. [1961 Code, § 225; 1970 Code, Sec. 10-2]

It shall be unlawful for any person to dig out, or in any manner to take from any den, afemale fox or her young whelps or kill or in any manner cause the death of such female foxor her young whelps, during the period of time in which she is suckling them.

§ 209-3. Selling fox or fox hide; killing foxes harming poultry. [1961 Code, § 226; 1970Code, Sec. 10-3]

It shall be unlawful to sell, buy or expose for sale any fox or fox hide in Cecil County, and itshall be unlawful to transport any fox or fox hide from any place in Cecil County to any placewithout Cecil County, and possession of any fox or fox hide shall be prima facie evidence ofa violation of this section, but nothing in this chapter shall be so construed as to prevent thekilling of foxes at any time by any person while they are in pursuit or in the act of killing orcarrying away of his, her or their poultry or within a reasonable time thereafter.

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§ 209-4. Violations and penalties; enforcement. [1961 Code, § 227; 1970 Code, Sec. 10-4]

Any person or persons violating the provisions of this chapter shall be deemed guilty of amisdemeanor, and upon conviction before a Justice of the Peace shall be fined in a sum notless than $10 nor more than $25. One-half of such fine shall be paid to the informer causingthe arrest and conviction and the remaining 1/2 shall be paid to the state game department tobe credited to the state game protection fund to be used as provided by law, and it shall be theduty of the several deputy state game wardens in Cecil County to strictly enforce theprovisions of this chapter.

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Chapter 225

HOUSING STANDARDS § 225-1. Adoption of standards.


GENERAL REFERENCES

Building construction — See Ch. 157. HVAC standards — See Ch. 229.Electrical standards — See Ch. 191. Plumbing — See Ch. 270.Energy conservation standards — See Ch. 195. Solid waste and recycling — See Ch. 318.

§ 225-1. Adoption of standards. [1968, ch. 214, § 1; 1970 Code, Sec. 11-1; 1982, ch. 228,§ 1; 1988, ch. 227, § 2]

The Cecil County Council may adopt a Housing Code, which code shall stipulate minimumhousing standards in order to make dwellings fit for human habitation.

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Chapter 229

HVAC STANDARDS § 229-1. Purpose. § 229-6. Transfer of permits.

§ 229-2. Definitions. § 229-7. Inspections.

§ 229-3. Licenses. § 229-8. Exemptions.

§ 229-4. Permits. § 229-9. Display of licenses.

§ 229-5. Denial, rescission or suspension § 229-10. Fees. of permits. § 229-11. Applicable standards.


GENERAL REFERENCES

Building construction — See Ch. 157. Housing standards — See Ch. 225.Electrical standards — See Ch. 191. Plumbing — See Ch. 270.Energy conservation standards — See Ch. 195.

§ 229-1. Purpose.

The purpose of this chapter is to provide basic and uniform HVAC regulations in terms ofperformance objectives implemented by specific requirements, establishing reasonablesafeguards for the installation and repair of HVAC systems.



CODE OFFICIAL — The officer or other designated authority charged with theadministration and enforcement of the applicable codes.

CONTRACTOR — A heating, ventilation, air-conditioning and/or refrigeration contractor.

COOLING SYSTEM — A system in which heat is removed from air, surrounding surfacesor both; includes an air-conditioning system.

HEATING SYSTEM — A system in which heat is transmitted by radiation, conduction, orconvection, or a combination of any of these methods, to the air, surrounding surfaces or both.Does not include a fireplace or wood-burning stove not incorporated into or used as a primaryheating system.

HVAC CONTRACTOR — An individual who provides heating, ventilation, air-conditioningor refrigeration services.

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HVAC SERVICES — To install, maintain, alter, remodel or repair heating systems, coolingsystems, refrigeration systems, ventilation systems or hydronic systems.

HYDRONIC SYSTEM — A heating and cooling system using liquids or steam to transmitor remove heat.

LICENSE — Unless the context requires otherwise, a license issued by the State of Marylandto provide or to assist in providing heating, ventilation, air-conditioning, or refrigerationservices.

PERSON — A natural person, the heirs, executors, administrators, or assigns and includes afirm, partnership or corporation, its or their successors or assigns.

PREMISES — The building(s) and that part of the grounds of one parcel of property wherean installation would affect the safety of those buildings or adjacent property.

REFRIGERATION SYSTEM — A combination of interconnected refrigerant-containingparts constituting one closed circuit in which a refrigerant is circulated for the purpose ofextracting heat.

VENTILATION SYSTEM — The natural or mechanical process of supplying conditioned orunconditioned air to or removing such air from any space.

§ 229-3. Licenses. 1

Any HVAC mechanical work commenced within Cecil County shall be conducted by acorporation, firm or person licensed by the State Board of Heating, Ventilation, AirConditioning and Refrigeration Contractors, as outlined in the Business Regulation Article ofthe Annotated Code of Maryland, Title 9A, Heating, Ventilation, Air-Conditioning andRefrigeration Contractors.

§ 229-4. Permits.

A. An owner, authorized agent or contractor who desires to erect, install, enlarge, alter,repair, remove, convert or replace a mechanical system or to cause such work to be doneshall first make application to the Department of Permits and Inspections and obtain therequired permit for the work. Exception: Where equipment and appliance replacement orrepairs must be performed in an emergency situation, the permit application shall besubmitted within the next working business day of the Department of Permits andInspections.

B. The County will grant permits to companies, corporations, individuals, and/ororganizations that provide and place on file with the Department the following:

(1) Certification of liability insurance, for mechanical contracting only.

(2) Identification (documentation) of a person(s) authorized to bind the company inlegal matters.


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§ 229-4 HVAC STANDARDS § 229-5

(3) A copy of a Maryland mechanical/HVAC license.

C. No work shall be commenced in the County until a permit to do such work has beenissued by the Department of Permits and Inspections to a licensed contractor.

D. Application for such a permit shall be made on forms prepared and provided by theDepartment of Permits and Inspections and accompanied by the required plans,description of work and specifications and the applicable fees.

E. Permits not required. Permits shall not be required for the following:

(1) Portable heating appliances.

(2) Portable ventilating appliances and equipment.

(3) Portable cooling units.

(4) Steam, hot water or chilled water piping within any heating or cooling equipmentregulated by this code.

(5) The replacement of any minor part that does not alter the approval of equipment oran appliance or make such equipment or appliance unsafe.

(6) Portable evaporative coolers.

(7) Self-contained refrigeration systems that contain 10 pounds (4.5 kg) or less ofrefrigerant, or that are activated by motors of one horsepower (0.75 kw) or less.

(8) Portable fuel cell appliances that are not connected to a fixed piping system andare not interconnected to a power grid.

§ 229-5. Denial, rescission or suspension of permits.

A. At any time that the Department of Permits and Inspections or any designated CodeEnforcement Officer or inspector of the County determines that any person, firm, orcorporation erects, constructs, alters, repairs, removes, demolishes or utilizes amechanical system, or causes same to be done in violation of this code or the MechanicalCode as adopted by the Cecil County Council, notice shall be sent to said person, firm orcorporation advising of said violation and corrections necessary. Said notice shall bepresumed received upon being mailed to the address of said person, firm or corporationprovided on any permits issued or other information obtainable for such person, firm orcorporation three days after mailing. Until such violation(s) has been corrected, theDepartment of Permits and Inspections and/or any appropriate Code Official of theCounty shall have the power to suspend any permit issued to said person, firm orcorporation, withdraw any permits issued to said person, firm or corporation and/or denyany further permits requested by said person, firm or corporation.

B. For the purpose of this section, "person, firm or corporation" shall be defined to mean theparty to whom the permit and/or property not in compliance was issued and shall alsoinclude any party actually performing work upon such property. The person, firm orcorporation shall include any officer of any corporation, any partner of any partnership or

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any related corporation, partnership, limited-liability company or limited-liabilitypartnership owned in whole or in part by any aforementioned party.

C. Any person shall have the right to appeal any decision of the Code Official. Anapplication for appeal shall be filed in writing to the Department of Permits andInspections within 10 days of receipt of any notice. All appeals shall be heard by theMechanical Board appointed by the County Executive in accordance with the Charter.2

§ 229-6. Transfer of permits.

A. In the case where a contractor signs an application for a permit and does not desire to dothe work covered by it, either in part or in its entirety, he shall notify the CountyDepartment of Permits and Inspections in writing, requesting that he be released fromresponsibility for that part of the work which he does not desire to do. He will, however,be held responsible for any work he has completed and an inspection shall be performedto verify his responsibility. The Department of Permits and Inspections' records willindicate the extent of such completed work and such responsibility, and the permit willbe revised accordingly and held in abeyance.

B. In the event that the contractor who signed the application for a permit dies and theowner calls in a new contractor, the original permit will remain active upon request, inwriting, from the homeowner. An inspection will be required prior to a new contractorbeing designated, and the new contractor will be responsible for all of the uncompletedwork.

C. In the case where the contractor who originally signed the application (and to whom thepermit was issued) is removed from the work by the owner and is replaced by anothercontractor, the owner shall notify the Department of Permits and Inspections, in writing,of the proposed change. The first contractor will be notified by the Department of theproposed change and no transfer of the permit will be made without his consent in fewerthan seven days. The transfer will be made by the Department once an inspection isperformed and completed, and the first contractor will be held responsible for that part ofthe work constructed by him.

§ 229-7. Inspections.

Inspection of all HVAC work required before and during any construction must be requestedby the contractor who holds the HVAC permit prior to covering any work performed. TheCounty Inspector shall be notified by the contractor, at least 24 hours in advance, to performan inspection before covering any rough work. The Inspector shall be requested to perform afinal inspection at such time when all work is completed.

§ 229-8. Exemptions.

This chapter does not apply to the following:


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§ 229-8 HVAC STANDARDS § 229-11

A. An employee of a public utility service company regulated by the Public ServiceCommission when engaged in the development, construction, maintenance, or repair ofelectric or gas appliances in the service area of the public utility.

B. An employee of the United States, the State of Maryland, or the local government, or anindependent agency while that employee is practicing heating, ventilation,air-conditioning or refrigeration services on or within buildings or structures owned orsolely occupied by those entities.

C. An individual possessing a master electrician's license issued by the state or the County,when engaged in the installation, alteration, service, repair or replacement of individuallycontrolled electric resistant heat.

D. An individual who assists in providing services as an employee or subordinate of alicensee if the individual assists in providing heating, ventilation, air-conditioning orrefrigeration services while under control of the licensee. The licensee is responsible forthe heating, ventilation, air-conditioning or refrigeration services that the individualprovides.

E. An individual who installs, alters, remodels, maintains or repairs oil burners exclusively.

§ 229-9. Display of licenses.

All licensed HVAC contractors shall display the company name and license number on allwork vehicles.

§ 229-10. Fees.

Fees shall be established by resolution by the Cecil County Council as provided for by law.Copies of the fee schedule will be available in the offices of the Cecil County Council and theDepartment of Permits and Inspections.

§ 229-11. Applicable standards.

The current edition of the International Mechanical Code as adopted by the State Board ofHeating, Ventilation, Air-Conditioning and Refrigeration Contractors shall be the code ineffect and will be enforced within Cecil County. Any provisions of the Maryland BuildingPerformance Standards that deal directly with mechanical installations as adopted by the Stateof Maryland shall also be complied with.

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Chapter 240

MINIMUM LIVABILITY STANDARDS § 240-1. Title; purpose; word usage; § 240-12. Duties and powers of Code rules and regulations. Official.

§ 240-2. Definitions. § 240-13. Condemnation.

§ 240-3. Applicability; compliance § 240-14. Notices and orders. required; effect on other codes § 240-15. Violations and penalties.

and remedies.§ 240-16. Owner and occupant

§ 240-4. Basic structural and responsibilities. environmental requirements.

§ 240-17. Right to appeal. § 240-5. Light and ventilation

§ 240-18. Livability Code Board of requirements. Appeals.

§ 240-6. Plumbing facilities and fixtures § 240-19. Fees and charges. requirements.§ 240-20. Severability; construal of § 240-7. Mechanical requirements. provisions.

§ 240-8. Electrical requirements.§ 240-21. Relief from personal

§ 240-9. Firesafety requirements. responsibility for enforcement§ 240-10. Occupancy requirements. official.

§ 240-11. Code enforcement.


GENERAL REFERENCES

Building construction — See Ch. 157. HVAC standards — See Ch. 229.Electrical standards — See Ch. 191. Plumbing — See Ch. 270.Energy conservation standards — See Ch. 195. Solid waste and recycling — See Ch. 318.Housing standards — See Ch. 225. Water and sewers — See Ch. 365.

§ 240-1. Title; purpose; word usage; rules and regulations.

A. These regulations shall be known as the "Minimum Livability Code" or "this code."

B. This code is created to protect the public health, safety and welfare in residentialstructures and premises by:

(1) Establishing minimum property maintenance standards for basic equipment andfacilities used for light, ventilation, heating, and sanitation for residential structuresand premises, and for the safe and sanitary maintenance of residential structuresand premises;

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(2) Establishing minimum requirements for residential structures and premises formeans of egress, fire protection systems, and other equipment and devicesnecessary for safety from fire;

(3) Determining the responsibilities of property owners, operators, and tenants ofresidential structures and premises; and

(4) Providing for administration, enforcement and penalties.

C. The intent of this code shall be to protect public health, safety and welfare insofar as theyare affected by the continued use and maintenance of residential structures and premises.

D. Word usage.

(1) Unless otherwise expressly stated, the terms defined in these regulations shall havethe meanings indicated for purposes of this code.

(2) Words used in the present tense include future. Words in the masculine genderinclude the feminine and neuter. The singular number includes the plural and theplural the singular.

(3) When terms are not defined through the methods authorized by this section, theyshall have their ordinarily accepted meanings such as the context may imply.

E. The County shall have the power as may be necessary in the interest of public safety,health and general welfare to adopt and promulgate rules and regulations to interpret andimplement the provisions of this code to further its intent.



ACCESSORY STRUCTURE — A detached structure located on or partially on premises thatis not to be used for living or sleeping by an occupant.

BASEMENT — That portion of a structure which is partly or completely below grade.

BUILDING CODE — The building code adopted by the Cecil County Council or such codeas may be designated by the Cecil County Council for the regulation of construction,alteration, addition, repair, removal, demolition, use, location, occupancy, or maintenance ofpremises and structures.

CENTRAL HEATING — The heating system permanently installed and adjusted so as toprovide the distribution to all habitable areas from a source outside of these areas.

CODE — The Minimum Livability Code regulations.

CODE OFFICIAL — The official or any duly authorized agent or designee of the County inwhich the housing/dwelling unit is located who is authorized to enforce this code.

CONDEMN — To declare a structure or part of it, premises, or equipment unsafe or unfit foruse or occupation.

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§ 240-2 MINIMUM LIVABILITY STANDARDS § 240-2

DEPARTMENT — The Department of Permits and Inspections for Cecil County.

DWELLING — A building that is used or intended to be used for living or sleeping byhuman occupants, including manufactured homes permanently affixed for more than 30consecutive days. "Dwelling" does not include a tent, automobiles, truck body, camper, boator other structure used for human shelter that is designed to be transportable and that is notattached to the ground, to another structure, or to a utility system on the same premises formore than 30 consecutive days.

DWELLING UNIT — A room or group of rooms located within a dwelling that forms asingle habitable unit with facilities that are used or intended to be used for living, sleeping,cooking and eating.

EXTERMINATION — The control and elimination of insects, rodents, or other pests by:

A. Eliminating their harborage places;

B. Removing or making inaccessible materials that may serve as their food;

C. Poison spraying, fumigating, trapping or by any other pest elimination methods whichhave received all necessary and legally required approvals.

GARBAGE — The animal and vegetable waste resulting from the handling, preparation,cooking and consumption of food.

HABITABLE AREA — The space in a structure used for living, sleeping, eating or cooking,including bathrooms and toilet compartments. Closets, halls, storage or utility space, andsimilar areas are not considered habitable areas.

HOUSING UNIT — A single unit of a structure providing or intended to provide completeliving and sleeping facilities for one or more persons.

INFESTATION — The presence of insects, rodents, vermin or other pests within orcontiguous to a structure or premises.

KITCHEN — A room containing any of the following equipment or area of a room withinthree feet of the following equipment:

A. Sink or other device for dishwashing;

B. Stove or other device for cooking;

C. Refrigerator or other device for cool storage of food;

D. Cabinets or shelving for storage of equipment and utensils;

E. Counter or table for food preparation.

MAINTENANCE — The repair and other acts intended to prevent a decline in the conditionof a structure, premises, or equipment below the standards established by this code and otherapplicable statutes, codes and ordinances.

OCCUPANT — An individual having possession of a space within a housing unit.

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OPERATOR — A person who has charge, care or control of a structure or premises which isoffered for occupancy.

PERSON — An individual, partnership, limited partnership, trust, estate, association orcorporation; any officer of any corporation, any partner of any partnership or any relatedcorporation, partnership, limited-liability company or limited-liability partnership owned inwhole or in part by any aforementioned party.

PLUMBING — The practice, materials, facilities and fixtures used in the installation,maintenance, extension, or alteration of all piping, fixtures, appliances and appurtenanceswithin the scope of the applicable plumbing code.

PLUMBING FIXTURE — A receptacle or device which:

A. Is either permanently or temporarily connected to the water distribution system of thepremises and demands a supply of water from it;

B. Discharges used water, liquid-borne waste materials or sewage either directly orindirectly to the drainage system of the premises; or

C. Requires both a water supply connection and a discharge to the drainage system on thepremises.

PROPERTY OWNER — A person having a legal or equitable interest in the premises,including the guardian of an estate of the person, or the executor or administrator of the estateof the person if ordered to take possession of the premises by a court, or any officer of anycorporation, any partner of any partnership or any related corporation, partnership,limited-liability company or partnership owned in whole or in part by any aforementionedparty.

RODENTPROOFING — The permanent closing of openings in foundations, basements,cellars, exterior and interior walls to prevent rodents from gaining access to or from food,water, harborage or a given space or building.

RUBBISH — Paper, rags, cartons, boxes, wood, rubber, leather, tree branches, yardtrimmings, tin cans, metals, mineral matter, glass, crockery, dust, and other similar materials,as well as the residue from the burning of wood, coal, coke and other combustible materials.

STRUCTURE — A residential structure used for human habitation.

TENANT — An occupant other than a property owner.

VACATED DWELLING — A dwelling unit vacated or caused to be vacated by virtue ofnoncompliance with the provisions of this code.

VENTILATION — The process of supplying and removing air by natural or mechanicalmeans to or from a space.

A. MECHANICAL VENTILATION — Ventilation by power-driven devices.

B. NATURAL VENTILATION — Ventilation by opening to outer air through windows,skylights, doors, louvers or stacks without power-driven devices.

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§ 240-3. Applicability; compliance required; effect on other codes and remedies.

A. The Minimum Livability Code shall apply to residential structures used for humanhabitation except:

(1) Owner-occupied single-family housing units.

(2) In any municipality within the County which has adopted a local housing orbuilding code.

B. Repairs or alterations to a structure, or changes of use to it, which may be caused directlyor indirectly by the enforcement of this code shall be done in accordance with theprocedures and provisions of any applicable building code, plumbing code, mechanicalcode and/or electrical code or any other code or standard applicable to housing which isin effect within the County.

C. The provisions of this code do not abolish or impair any remedies available to theCounty or its officers or agencies relating to the removal or demolition of any structureswhich are deemed to be dangerous, unsafe or unsanitary.

D. Repairs, maintenance, alterations or installations which are required for compliance withthis code shall be executed and installed in accordance with industry standards so as tosecure the results intended by this code.

E. All repairs, maintenance, alterations or additions required for compliance with this code,whether normal or due to emergency situations, shall require the owner to obtain any andall necessary permits from any County, state or federal agency.

§ 240-4. Basic structural and environmental requirements.

The provisions of this regulation shall establish the minimum standards for maintenance ofpremises and structures.

A. Premises condition.

(1) The premises shall be maintained in a clean, safe, and sanitary condition free fromany accumulation of rubbish or garbage.

(2) The premises shall be free from infestation of insects, rodents, vermin or otherpests.

B. Exterior of structure.

(1) The exterior of a structure shall be maintained in good repair, and shall bestructurally sound and maintained in a sanitary condition so as not to pose a threatto the health, safety or welfare of the occupants.

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(2) Supporting structural members of a structure shall be kept structurally sound, freeof deterioration and maintained capable of safely bearing the dead and live loadsimposed upon them.

(3) Each foundation, exterior wall, roof and all exterior surfaces shall be maintained ingood repair and shall be kept in such condition as to exclude rodents and otherpests.

(4) Foundation walls shall be structurally sound and shall be maintained free fromopen cracks and breaks.

C. Exterior walls.

(1) Each exterior wall shall be free of holes, breaks, loose or rotting boards or timbers,and any other conditions which might admit rain or dampness to the interiorportions of the walls or to the occupied areas of the structure.

(2) All exterior surface materials, including wood, composition, or metal siding, shallbe maintained, weatherproofed and shall be properly surface-coated, whenrequired, to prevent deterioration.

D. Roofs and drainage. The roof shall be structurally sound and may not have defects whichmight admit rain or other moisture penetration. Roof drainage shall be adequate toprevent rainwater from causing dampness or deterioration in the walls or interior portionsof the structure.

E. Chimneys.

(1) All chimneys, cooling towers, smoke stacks, and similar appurtenances shall bemaintained structurally sound, safe and in good repair.

(2) All exposed surfaces of metal or wood shall be protected from the elements andagainst decay or rust by periodic application of weather-coating materials such aspaint or similar surface treatment.

F. Stairs and porches. Each exterior stair, porch, fire escape, balcony and all appurtenancesattached to them shall be safe to use and capable of supporting the anticipated loads andshall be maintained in a safe and sound condition and in good repair.

G. Windows, doors and frames. Each window, door and frame shall be maintained so as toexclude rain and rodents as completely as possible, and to substantially exclude windfrom entering the structure.

H. Weathertight. Each window and exterior door shall be fitted reasonably in its frame andbe weathertight. Each window shall be free from cracks and holes.

I. Operable windows. Each window used for ventilation or emergency escape shall becapable of being easily opened from the inside and shall be held in position by windowhardware.

J. Insect screens.

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(1) During the period from April 1 to December 1, every door and window or otheroutside opening required for ventilation purposes shall be supplied withtight-fitting insect screens.

(2) Exception. Upon prior approval of the Code Official, screens may not be requiredfor exterior doors and other types of openings which make screening impractical,such as openings equipped with air-conditioning units or openings above the fourthfloor. The Code Official may require alternatives to screens.

K. Door hardware. Each exterior door and its hardware shall be maintained in good workingcondition. Door locks on all interior and exterior doors entering housing units shall be ingood repair and capable of tightly securing the door.

L. Interior structure.

(1) The interior of a structure and its equipment and facilities shall be maintained ingood repair, structurally sound and in sanitary condition so as not to pose a threatto the health, safety or welfare of the occupants.

(2) Structural members. The supporting structural members of a structure shall bemaintained structurally sound, free of deterioration and maintained capable ofsafely carrying out the imposed loads.

(3) Floors, walls (including windows and doors), ceilings and other interior surfacesshall be maintained in good repair and in clean, safe and sanitary condition.

(4) Bathroom and kitchen floors. Each toilet, bathroom and kitchen floor surface shallbe maintained so as to be substantially impervious to water to permit the floor tobe easily kept in a clean and sanitary condition.

M. Sanitation.

(1) The interior of a structure shall be maintained in a clean and sanitary conditionfree from any accumulation of rubbish and garbage.

(2) Rubbish and garbage shall be properly kept inside temporary storage facilities.

(3) Garbage or rubbish may not be allowed to accumulate or be stored in publichallways or stairways.

N. Insect and rodent harborage.

(1) A structure shall be kept free from infestation, and where infestation is found, thearea shall be promptly exterminated by processes which are not injurious to humanhealth.

(2) Continuing or repeated incidents of infestation, as determined by the Code Official,shall require the extermination of the infestation by a licensed professionalexterminator, and proof shall be provided to the County. Any displacement of theoccupants during this time will be the responsibility of the property owner.

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O. Exit doors. Each door available as an exit shall be capable of being opened easily fromthe inside.

P. Exit facilities.

(1) All interior stairs and railings and other exit facilities of a structure shall bemaintained in sound condition and in good repair.

(2) Each interior stair used for exit shall be maintained so as to be safe to use andcapable of supporting the anticipated loads.

§ 240-5. Light and ventilation requirements.

A. General.

(1) The provisions of this regulation shall govern the minimum standards for basicequipment and facilities used for light and ventilation of a structure.

(2) Alternative methods and devices. In place of the means for natural light andventilation prescribed in this regulation, alternative arrangement of windows,louvers, or other devices or methods that will provide the equivalent minimumperformance requirements shall be permitted in order to comply with theapplicable local building code.

B. Light.

(1) All areas in a structure shall be provided sufficient light so as not to endangerhealth and safety. All areas in a structure shall be provided with natural light orequipment to accommodate artificial light of sufficient intensity and distributed soas to permit the maintenance of sanitary conditions and the safe use of the area andthe appliances, equipment and fixtures.

(2) Each common hall and stairway in a structure, other than in one- and two-familystructures, shall be adequately lighted at all times with an illumination equivalentto the footcandles provided by at least a sixty-watt standard incandescent light bulbfor each 200 square feet of floor area, provided that the spacing between lightsmay not be greater than 30 feet. Every exterior stairway shall be illuminated.

C. Ventilation.

(1) All areas in a structure shall be provided with sufficient ventilation so as not toendanger health and safety.

(2) Mechanical ventilation.

(a) When mechanical ventilation is provided instead of natural ventilation, themechanical ventilating system shall be maintained in operation during theoccupancy of the structure or portion of it.

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(b) When part of the air provided by a mechanical ventilation system isrecirculated, the portion or volume of air recirculated may not be recirculatedto a different habitable area.

§ 240-6. Plumbing facilities and fixtures requirements.

The provisions of this regulation shall govern the minimum standards for plumbing facilitiesand fixtures.

A. Each dwelling unit shall include its own plumbing facilities, which shall be maintained inproper operating condition, can be used in privacy, and are adequate for personalcleanliness and the disposal of human waste. The following minimum plumbing facilitiesshall be supplied and maintained in a sanitary and safe working condition:

(1) Water closet and lavatory.

(a) Each housing unit shall contain within its walls a room separate from otherhabitable areas which provides a water closet supplied with cold runningwater and which affords privacy.

(b) A lavatory shall be placed in the same room as the water closet or located inanother room in close proximity to the door leading directly into the room inwhich the water closet is located.

(c) The lavatory shall be supplied with hot and cold running water.

(2) Bathtub and shower. Each housing unit shall contain a room which is equippedwith a bathtub or shower supplied with hot and cold running water and whichaffords privacy.

(3) Kitchen sink. Each housing unit shall contain a kitchen sink apart from thelavatory. The sink shall be supplied with hot and cold running water.

B. Plumbing fixtures. All plumbing fixtures shall be maintained in a safe and usablecondition. All plumbing fixtures shall be of nonabsorbent material and shall havereceived all necessary and legally required approvals.

C. Connections.

(1) Water supply lines, plumbing fixtures, vents, and drains shall be properly installed,connected and maintained in working order and shall be kept free fromobstructions, leaks and defects and shall be capable of performing the functions forwhich they are designed.

(2) All repairs and installations shall be made in accordance with the provisions of theapplicable adopted plumbing and building codes for the County.

D. All plumbing fixtures shall be maintained in a clean and sanitary condition so as not tobreed insects, rodents or produce dangerous or offensive gases or odors.

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E. Plumbing fixtures shall be installed to permit easy access for cleaning both the fixtureand the area around it.

F. Water system.

(1) Each sink, lavatory, bathtub or shower, drinking fountain, water closet or otherplumbing fixture shall be properly connected to either a public water system or toa private water system which has received all necessary and legally requiredapprovals.

(2) The water supply shall be maintained from contamination. All water inlets forplumbing fixtures shall be located above the overflow rim of the fixture.

(3) The water supply system shall be installed and maintained to provide at all times asupply of water to plumbing facilities, fixtures, devices and appurtenances insufficient volume and at pressures adequate to enable them to functionsatisfactorily.

G. Water-heating facilities.

(1) Water-heating facilities shall be installed in a manner which has received allnecessary and legally required approvals, properly maintained and properlyconnected with hot water lines to the fixtures required to be supplied with the hotwater.

(2) Water-heating facilities shall be capable of heating water to such a temperature soas to permit an adequate amount of water to be drawn at every kitchen sink,lavatory, basin, bathtub, shower and laundry facility or similar facilities at atemperature of not less than 110° F.

H. Sewage system.

(1) Each sink, lavatory, bathtub or shower, drinking fountain, water closet, or otherplumbing fixture shall be properly connected to either a public sewer system orprivate sewage disposal system which has received all necessary and legallyrequired approvals.

(2) Each plumbing stack, waste and sewer line shall be installed and maintained so asto function properly and shall be kept free from obstructions, leaks and defects toprevent structural deterioration or health hazards.

(3) All repairs and installations shall be made in accordance with the provisions of theapplicable adopted building or plumbing codes for the County.

§ 240-7. Mechanical requirements.

The provisions of this regulation shall govern the minimum standards for mechanical andelectrical facilities and equipment.

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A. Heating facilities for residential structures.

(1) Each housing unit shall be supplied with sufficient heat or heating equipmentcapable of supplying sufficient heat during the period from October 1 to May 30 tomaintain a room temperature of not less than 65° F. in all habitable areas duringthe hours between 6:30 a.m. and 10:30 p.m. of each day and to maintain a roomtemperature of not less than 60° F. during other hours.

(2) The temperature shall be measured at a point three feet above the floor and threefeet from exterior walls.

(3) Exception. When the exterior temperature falls below 0° F. and the heating systemis operating at its full capacity, a minimum room temperature of 60° F. shall bemaintained at all times.

B. Cooking and heating equipment.

(1) All cooking and heating equipment, components and accessories in every heating,cooking and water-heating device shall be maintained free from leaks and waterflow obstructions and kept functioning properly so as to be free from fire, healthand safety hazards.

(2) All installations and repairs shall be made in accordance with the provisions of theapplicable adopted building, mechanical and/or other applicable codes orordinances of the County.

(3) Portable cooking equipment employing a flame is prohibited.

C. Installation. All mechanical equipment used for heating and cooking shall be properlyinstalled and safely maintained in good working condition and shall be capable ofperforming the function for which it was intended and designed.

D. Fuel-burning equipment. All fuel-burning equipment shall be connected to a chimney,flue or vent in accordance with applicable local and state codes or according tomanufacturer's instructions in cases where no local or state codes apply.

(1) Clearances. All necessary and legally required clearances to combustible materialsshall be maintained.

(2) Safety control. All safety controls for fuel-burning equipment shall be maintainedin effective operation in accordance with applicable local or state codes oraccording to manufacturer's instructions in cases where no local or state codesapply.

(3) Combustion air. A supply of air for complete combustion of the fuel and forventilation of the space shall be provided for the fuel-burning equipment.

E. Unauthorized devices.

(1) Devices purporting to reduce gas consumption by attachment to a gas appliance,the gas supply line or the vent outlet or vent piping may not be used unless labeled

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for that use and the installation has specifically received all necessary and legallyrequired approvals.

(2) An owner or occupant may not install, operate or use an unvented or unsafeself-contained heating appliance of either the circulating or radiant type intended toheat one room.

F. Fireplaces. Fireplaces and other construction and devices intended for use similar to afireplace shall be stable and structurally safe and connected to chimneys which havereceived all necessary and legally required approvals.

G. Climate control. When facilities for interior climate control (heating, cooling andhumidity) are integral functions of housing units, these facilities shall be maintained andoperated in accordance with the designed capacity.

§ 240-8. Electrical requirements.

A. The provisions of this regulation shall govern the minimum standards for electricalinstallation and equipment. Each housing unit shall be adequately and safely providedwith an electrical system in compliance with all applicable adopted codes of the Countyor its agents.

B. Each habitable area in a housing unit shall contain at least two receptacles, one each onopposite or intersecting walls. Each room or portion of a room used for food preparationshall have two twenty-ampere circuits installed near counter spaces. Any receptaclelocated within six feet of any sink must be GFCI protected. Each bathroom shall have atleast one GFCI-protected receptacle.

C. The service shall be a minimum sixty-ampere, three-wire service.

D. All electrical equipment, wiring and appliances shall be installed and maintained in a safemanner in accordance with all applicable laws. All electrical equipment shall be of a typewhich has received all necessary and legally required approvals.

§ 240-9. Firesafety requirements.

The provisions of this regulation shall govern the minimum standards for firesafety facilitiesand equipment. All structures shall be constructed and maintained to prevent and avoid firehazards and in a manner conducive to firesafety.

A. Means of egress.

(1) A safe, continuous and unobstructed means of egress shall be provided from theinterior of a structure to the exterior at a street, yard, court or passageway leadingto a public open area at grade.

(2) Each housing unit shall have access directly to the outside or to a common areathat leads directly to the outside.

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(3) All doors in the required means of egress shall be easily opened from the innerside.

(4) All fire escapes shall be maintained in working condition and structurally sound.

(5) All exit signs shall be illuminated and visible.

(6) Each sleeping room, including those located in a basement, shall have at least oneoperable window or exterior door for emergency egress or rescue which hasreceived all necessary and legally required approvals, or shall have access to twoseparate exits which have received all necessary and legally required approvals.

B. Accumulations and storage.

(1) Garbage or rubbish may not be allowed to accumulate in stairways, passageways,doors, windows, fire escapes or other means of egress.

(2) Highly flammable or explosive matter, such as paints, volatile oils and cleaningfluids or combustible rubbish such as wastepaper, boxes and rags, may notaccumulate or be stored on premises except reasonable quantities consistent withnormal usage.

(3) A housing unit may not be located within a structure containing an establishmenthandling, dispensing or storing flammable liquids with a flash point of 100° F. orlower, except as provided for in the applicable building code.

C. Fire resistance ratings. Floors, walls, ceilings and other elements and components whichare required by the applicable fire code to comply with a fire resistance rating shall bemaintained so that the respective fire resistance rating of the enclosure, separation, orconstruction is preserved and the integrity of the components is maintained.

D. Fire protection systems.

(1) All fire protection systems and equipment shall be maintained in proper conditionat all times.

(2) Smoke alarms/detectors shall be installed outside each separate sleeping area in theimmediate vicinity of the bedrooms.

(3) The smoke detectors shall be installed and maintained in accordance with the statefire laws and the adopted applicable building and electrical codes for the County.

(4) When actuated, the smoke detector shall provide an alarm suitable to warn theoccupants within the unit.

(5) Fire suppression systems in housing units so equipped shall be maintained in goodcondition, free from mechanical defect. Sprinkler heads shall be kept clean andfree of corrosion and paint and may not be bent or damaged.

(6) All necessary and legally required fire-resistance-rated doors or smoke barriersshall be maintained in good working order, including all hardware necessary fortheir proper operation.

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(7) The use of door stops, wedges and hold-open devices which have not received allnecessary and legal approvals or which have been denied approval is prohibited.

§ 240-10. Occupancy requirements.

A. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shallbe arranged to provide privacy and be separate from other adjoining spaces.

B. A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) inany plan dimension. Kitchens shall have a clear passageway of not less than three feet(914 mm) between counter-fronts and appliances or counter-fronts and walls.

C. Ceiling heights.

(1) Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas,bathrooms, toilet rooms and habitable basement areas shall have a clear ceilingheight of not less than seven feet (2,134 mm).

(2) Exceptions:

(a) In one- and two-family dwellings, beams and girders spaced not less thanfour feet (1,219 mm) on center and projecting not more than six inches (152mm) below the required ceiling height.

(b) Basement rooms in one- and two-family dwellings occupied exclusively forlaundry, study or recreation purposes, having a ceiling height of not less thansix feet eight inches (2,033 mm) with not less than six feet four inches (1,932mm) of clear height under beams, girders, ducts and similar obstructions.

(c) Rooms occupied exclusively for sleeping, study or similar purposes andhaving a sloped ceiling over all or part of the room, with a clear height of atleast seven feet (2,134 mm) over not less than 1/3 of the required minimumfloor area. In calculating the floor area of such rooms, only those portions ofthe floor area with a clear ceiling height of five feet (1,524 mm) or moreshall be included.

(d) Preexisting conditions under this subsection will be considerednonconforming as long as they are utilized and structurally sound.Discontinuance of the use for a period of 180 consecutive days will requirethe structure to be brought into compliance with the applicable adoptedbuilding codes.

D. Bedroom requirements. Every bedroom shall comply with the requirements of thefollowing:

(1) Access from bedrooms. Bedrooms shall not constitute the only means of access toother bedrooms or habitable spaces and shall not serve as the only means of egressfrom other habitable spaces. Exception: units that contain fewer than twobedrooms.

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(2) Water closet accessibility. Every bedroom shall have access to at least one watercloset and one lavatory without passing through another bedroom. Every bedroomin a dwelling unit shall have access to at least one water closet and lavatorylocated on the same story as the bedroom or an adjacent story.

(3) Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used forsleeping purposes.

(4) Other requirements. Bedrooms shall comply with the applicable provisions of thiscode, including, but not limited to, the light, ventilation, room area, ceiling heightand room width requirements of this section, and the plumbing facilities andwater-heating facilities requirements of § 240-6, the heating facilities requirementsof § 240-7, the electrical facilities requirements of § 240-8 and the firesafetyrequirements of § 240-9.

E. Food preparation. All spaces to be occupied for food preparation purposes shall containsuitable space and equipment to store, prepare and serve foods in a sanitary manner.There shall be adequate facilities and services for the sanitary disposal of food wastesand refuse, including facilities for temporary storage.

§ 240-11. Code enforcement.

A. It shall be the duty and responsibility of the Department of Permits and Inspections forCecil County to enforce the provisions of this code.

B. The Department shall decide questions of interpretation of this code, including questionsrelating to uniform enforcement.

C. A person may not be displaced by enforcement of the Minimum Livability Code unlessalternate housing of comparable affordability is available within a reasonable distance ofthe vacated premises. Any displacement of a tenant not ordered by a court of law withinthe jurisdiction shall be the responsibility of the landowner of the unit vacated. Theproperty owner is not required to locate alternative housing if the tenant's displacementwas the result of a natural disaster or act or other conditions beyond the control of theproperty owner, or was caused by the tenant's negligent, wrongful or malicious acts oromissions.

D. At the beginning of tenancy, an owner or other person may not occupy or let to anotherperson a dwelling or dwelling unit unless it and the premises are clean, sanitary, fit forhuman occupancy and in compliance with applicable state and County law.

E. Whenever a provision of this chapter conflicts with another provision of County law, theprovision that establishes the higher standard for the promotion and protection of thehealth and safety of the occupants and public shall prevail.

§ 240-12. Duties and powers of Code Official.

A. The Code Official or his designee shall enforce the provisions of this code except as mayotherwise be specifically provided by these regulations. In areas of the County within

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municipal corporations (towns), an agreement of enforcement shall be submitted to theCounty from the municipality to allow enforcement within the incorporated limits.

B. The Code Official or his designee shall disclose his credentials for the purpose ofinspecting a structure or premises.

C. The Code Official or his designee shall issue all notices and orders necessary to ensurecompliance with this code.

D. The Code Official or his designee is authorized to enter a structure or premises at anyreasonable time, upon providing reasonable notice to the property owner or tenant, forthe purpose of making inspections and performing duties under this code.

E. If a property owner, tenant or operator of a structure refuses, impedes, inhibits, interfereswith, restricts or obstructs entry and free access to any part of the structure or premiseswhere inspection(s) authorized by this code is sought, the Code Official or his designeemay seek, in a court of competent jurisdiction, an order that the property owner, tenant oroperator cease and desist from such interference.

F. A tenant of a structure or premises shall give the property owner or operator, or agent oremployee, access to any part of the structure or its premises at reasonable times uponbeing given reasonable notice for the purpose of making the inspection, maintenance,repairs, or alterations as are necessary to comply with the provisions of the Code or anorder of the Code Official.

G. The Code Official or his designee has the authority to require and approve any alterationsor repairs necessary to bring a structure or premises into compliance with this code. Thedetermination of what may be necessary to bring the premises into compliance shall takeinto consideration the use of alternatives and equivalent approaches as provided for inthis code and the applicable building codes.

H. The Code Official or his designee shall have the authority to approve changes inalterations or repairs in the field when conditions are encountered which make theoriginally approved work impractical, if the changes in approved work can be readilydetermined to be in compliance with this code or any other applicable code and arerequested by the property owner or his agent before the changes commence.

I. The changes shall be specifically documented by the property owner or by his agent,describing the change in work and the reasons and justification for the change, and shallbe filed with the permit for the project.

J. Whenever a Code Official initiating an inspection of a premises under this code becomesaware that an inspection of the premises is to be made by another governmental officialor agency, the Code Official shall make a reasonable effort to arrange for thecoordination of the inspections so as to minimize the number of visits by inspectors.

K. The Code Official shall confer with other governmental officials or agencies for thepurpose of eliminating conflicting orders before they are issued.

L. Upon failure of a property owner to close or vacate a premises within the time specifiedin an order, the Code Official may cause the premises to be closed through any available

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public agency or by contract or arrangement with private persons, and the cost shall becharged against the real estate upon which the structure is located, and a lien shall beplaced upon said real estate.

§ 240-13. Condemnation.

A. When a structure or part of it is found by the Code Official to be unsafe or unfit forhuman occupancy or use, the Code Official may condemn the structure or part of it andmay order the structure or part of it to be placarded and vacated pursuant to theprovisions of this code.

B. The structure or part of it may not be reoccupied without the approval of the CodeOfficial. Unsafe equipment may be condemned, placarded and placed out of servicepursuant to the provisions of this code.

C. An unsafe structure is one in which all or part of it is found by the Code Official to bedangerous to life, health, property or the safety of its tenants by not providing minimumprotection from fire, basic sanitary facilities or because it is so damaged, decayed,dilapidated, structurally unsafe or of such faulty construction or unstable foundation thatit is likely to partially or completely collapse.

D. Unsafe equipment includes any boiler, heating equipment, cooking equipment, elevator,moving stairway, electrical wiring or device, flammable liquid containers or otherequipment on the premises or within the structure which is in such disrepair or conditionthat it is found by the Code Official to be a hazard to life, health, property or safety ofthe tenants of the premises or structure.

E. Unsafe equipment may contribute to the finding that the structure is unsafe or unfit forhuman occupancy or use.

F. A structure is unfit for human occupancy or use whenever the Code Official finds that itis unsanitary, vermin- or rodent-infested, contains filth or contamination, or lacksventilation, illumination, sanitary or heating facilities, or other essential equipmentrequired by this code.

§ 240-14. Notices and orders.

A. Whenever the Code Official or his designee determines that there has been a violation ofthis code or has reasonable grounds to believe that a violation has occurred, or wheneverthe Code Official has determined to condemn any structure, or part of it, or equipmentunder the provisions of this code, notice shall be given to the property owner and to thetenant in the manner prescribed by this code.

B. If the Code Official has condemned the structure or part of it, or equipment, the CodeOfficial shall serve notice to the property owner and to the tenants of the intent to:

(1) Order the structure or part of it placarded and vacated; or

(2) Order the equipment placed out of service.

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C. Notice shall be deemed to be properly served upon a property owner or tenant by one ofthe following methods:

(1) By delivering to the person to be served or his agent a copy of the notice and allother necessary paperwork.

(2) By mailing to the person to be served at his last known address or to his agent bycertified or registered mail, with return receipt requested, a copy of the notice andall other necessary paperwork.

D. If the certified or registered letter is returned with receipt showing that it has not beendelivered, and all other remedies have been exhausted for such delivery, the notice shallbe served by posting a copy of it in a conspicuous place in or about the structure affectedby the notice.

E. When a condemnation order is served on a tenant, the tenant shall be given a reasonabletime to vacate the structure in accordance with state or local law.

F. A property owner who has received a compliance order or upon whom a notice ofviolation has been served shall not sell, transfer, lease or otherwise dispose of thepremises until:

(1) The provisions of the compliance order or notice of violation have been compliedwith; or

(2) The property owner shall first furnish the grantee, transferee, or lessee a true copyof the compliance order or notice of violation issued by the Code Official and shallfurnish to the Code Official a signed and notarized statement from the grantee,transferee, mortgagee or lessee, in which he acknowledges the receipt of thecompliance order or notice of violation and states that he fully accepts andassumes the responsibility without condition for making the corrections or repairsrequired by the compliance order or notice of violation.


A. Any person or property owner who shall violate any provision of this code or shall fail tocomply with any requirements thereof or who maintains, erects, constructs or alters orrepairs a structure or premises in violation of an approved plan or directive of the CodeOfficial shall be liable for a civil or criminal offense and upon judicial finding of saidviolation shall be liable for a fine of not more than $1,000 and/or imprisonment for notto exceed 90 days, or both. Each day that a violation exists and continues shall bedeemed a separate offense.

B. In addition to fines as described in Subsection A above, any person or property ownerfound in violation of any provisions of this code shall pay all costs and expensesassociated with the County's abatement of said violation as well as any and all fair andreasonable attorneys' fees incurred as a result of said abatement effort and any otherrelated court costs.

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C. A penalty ordered under this code is in addition to and not a substitute for any otherpenalty authorized under a federal, state or local law.

D. Nothing herein contained shall prevent the County from taking such other lawful actionas is necessary to prevent or remedy any violation.

§ 240-16. Owner and occupant responsibilities.

A. Only the property owner shall be responsible for compliance with the provisions of thiscode, and shall be cited for violations of it, except as provided for within theseregulations. A person shall not rent or lease to another person for occupancy or use anyhousing unit unless the structure and premises comply with the provisions of this code.

B. A property owner may not be cited for a violation of this code that is caused by thenegligent, wrongful or malicious acts or omissions of a tenant, provided that the propertyowner's acts or omissions have not contributed in any way to cause the violation.

C. The tenant shall be responsible for keeping that part of the structure or premises whichthe tenant occupies and controls or uses in a clean and sanitary condition.

D. Each property owner of a structure containing two or more housing units shall maintain,in a clean and sanitary condition, the common areas of the structure and premises.

E. The tenant shall be responsible for the storage and disposal of rubbish and garbage in aclean and sanitary manner as may be required by applicable laws or ordinances.

F. The tenant shall be responsible for keeping owner-supplied equipment and fixtures cleanand sanitary and for the exercise of reasonable care in their use and operation.

G. The property owner shall be responsible for maintaining the equipment and fixtures ingood and proper operating condition.

H. The tenant shall be responsible for the maintenance of equipment and fixtures furnishedby the tenant. The equipment shall be properly installed and shall be maintained in goodworking condition, kept clean and sanitary, and free of defects, leaks or obstructions.

I. If necessary, the property owner shall be responsible for extermination within thestructure and in the premises before the rental or lease of the structure.

J. The tenant of a structure containing a single-family unit shall be responsible for theextermination of any insects, rodents or other pests in the structure or premises, unless itcan be proven that the infestation was preexisting.

K. Each property owner or operator of a structure containing two or more housing unitsshall be responsible for the extermination of any insects, rodents or other pests in thestructure or on the premises except where infestation within the housing unit was causedby the failure of the tenant to take reasonable action to prevent the infestation of thehousing unit.

L. The property owner is responsible for installing and maintaining in good working order asmoke detector(s) installed pursuant to this code which shall be in accordance with state

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fire laws, Public Safety Article, Title 9, Subtitle 1, Annotated Code of Maryland, SmokeDetection Systems, and any codes so adopted by the County which meet or exceed thosestandards. The tenant shall be responsible for the maintenance of the smoke detectorsduring his occupancy of said unit.

M. The property owner is responsible for installing and maintaining in good working order acarbon monoxide detector(s) installed pursuant to this code which shall be in accordancewith Public Safety Article, Title 12, Subtitle 11, Annotated Code of Maryland, and anycodes so adopted by the County which meet or exceed those standards. The tenant shallbe responsible for the maintenance of the carbon monoxide detector during hisoccupancy of said unit. This section pertains to new construction for which a buildingpermit is issued on or after January 1, 2008.

N. Discontinuance of service or utility. No property owner or tenant shall cause any service,facility, equipment or utility which is required to be supplied under this chapter to beremoved from or shut off from or discontinued for any occupied dwelling unit let by theowner, except for such temporary interruption as may be necessary while actual repair oralterations are in process, or during temporary emergencies when discontinuance isapproved by the Code Official.

§ 240-17. Right to appeal.

A. A person affected by a decision of the Code Official which has been made in connectionwith the enforcement of any provision of this code, or of a regulation adopted pursuant tothis code, may request and may be granted a hearing in a manner as prescribed by thiscode.

B. A person aggrieved by a decision of the Code Official issued in connection with analleged violation of this code or demolition order issued under this code may apply to theDirector of Permits and Inspections for a reconsideration of the notice or order within 10days of receipt of such notice.

C. The Director of Permits and Inspections shall specify a time and date for an informalhearing on the matter within 10 days of receipt of the request for reconsideration andshall advise those parties of interest of the time and date of such reconsideration inwriting.

D. At the informal hearing, the applicant shall be permitted to present grounds forrevocation and/or modification of the original order or notice to the Director of Permitsand Inspections or his designee.

E. Within 10 days of the informal hearing, the Director of Permits and Inspections shalladvise, in writing, the parties of interest of his decision to uphold or modify the originalorder.

F. Any person or party aggrieved by the decision may appeal to the Livability Code Boardof Appeals of the County.

G. Any decision of the Livability Code Board of Appeals may be appealed to the CircuitCourt of Maryland in accordance with the Maryland Rules of Procedure.

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§ 240-18. Livability Code Board of Appeals.

A. Membership.

(1) A Livability Code Board of Appeals is hereby established, which shall consist offive members to be appointed by the County Executive in accordance with theCharter. One member shall be a licensed builder; one member shall be arepresentative of the Cecil County Housing Office; and three members shall beresidents of the County from the general public.1

(2) The terms of all members shall be three years. Vacancies shall be filled byappointment of the County Executive, in accordance with the Charter, for theunexpired term of the individual replaced. A member of the Livability CodeAppeals Board may be replaced by the County Executive, in accordance with theCharter, if such member fails to attend three consecutive meetings of the Board.2

(3) The Livability Code Board shall elect one of its five members to serve asChairman.

B. Powers and duties. The Livability Code Board shall have the following powers andduties:

(1) To hear and decide appeals where it is alleged that there is an error in any order,requirement, decision, or determination made by the Code Official or any otheradministrative official in the enforcement of this chapter.3

(2) The Livability Code Board of Appeals may reverse or affirm, wholly or partly, ormay modify the order, requirement, decision, or determination which has beenappealed from, to the extent that such action is not consistent with the provisionsof this code. The appellant in an appeal shall have the burden of proof (includingthe burden of going forward with the evidence and the burden of persuasion) on allquestions of fact.

C. Proceedings of the Livability Code Board of Appeals.

(1) Meetings of the Board of Appeals shall be held at the call of the Chairman and atsuch times as the Board may determine necessary. The Chairman, or in hisabsence, the acting Chairman, may administer oaths and compel attendance ofwitnesses.

(2) A staff member of the Department of Permits and Inspections shall be presentduring all deliberations by the Board of Appeals and shall answer such questionsand render such advice and assistance as may be appropriate to the action beingtaken, but shall not participate in the decisions of the Board.




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(3) The Board shall adopt other rules of procedure as it deems appropriate, providedsuch rules are consistent with the provisions of this chapter and applicable stateenabling legislation and regulations.

(4) The Board shall keep minutes of its proceedings, showing the vote of each memberupon question, or if absent or failing to vote, indicating such fact, and shall keeprecords of its official actions, including a verbatim record of its examination ofwitnesses.

(5) The deliberations of the Board shall be open to the public, but public participationshall be limited to periods during which testimony is permitted.

D. Quorum and voting. Three members of the Livability Code Board shall constitute aquorum for the conducting of business. A minimum vote of three members of the Boardshall be required to reverse any order, requirement, decision, or determination of theCode Official, or to effect any variation in the application of this code.4

§ 240-19. Fees and charges. 5

The County shall establish a schedule of fees, charges, and expenses and a collectionprocedure for appeals and other matters pertaining to this chapter. The schedule of fees shallbe available from the Department of Permits and Inspections and may be altered or amendedonly by the Cecil County Council upon recommendation by the County Executive.

§ 240-20. Severability; construal of provisions.

A. The provisions of these regulations are severable. A judgment by any court of competentjurisdiction finding or declaring that any provisions of these regulations or the applicationof any provisions to any person or circumstance is invalid does not affect the validity ofthe remaining provisions of the regulations or any other application of these regulations,and the remaining regulations shall have full force and effect as if no judgment had beenentered.

B. Nothing in this code shall be construed to affect any suit or proceeding pending in anycourt or any rights acquitted or liability incurred or any cause or causes of actionacquired or existing under any act or ordinance hereby repealed, nor shall any just orlegal right or remedy of any character be lost, impaired or affected by this chapter.

§ 240-21. Relief from personal responsibility for enforcement official.

The Code Official, officer, employee or board member charged with the enforcement of thiscode, while acting for the jurisdiction, shall not thereby be rendered liable personally, and theCode Official, officer, employee or board member is hereby relieved from all personalliability for any damage accruing to persons or property as a result of any act required or



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permitted in the discharge of official duties. Any suit instituted against any officer oremployee or board member because of an act performed by that person in the lawfuldischarge of duties and under the provisions of this code shall be defended by the legalrepresentative of the jurisdiction until the final termination of the proceedings. The CodeOfficial or any subordinates or board member shall not be liable for any costs in any action,suit or proceedings that are instituted in pursuance of the provisions of this code; and anyofficer of the Department of Permits and Inspections, acting in good faith and without malice,shall be free from liability for acts performed under any of its provisions or by reason of anyact in the performance of official duties in connection therewith.

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Chapter 244

MANUFACTURED HOME PARKS § 244-1. Definitions. § 244-5. Rules and regulations.

§ 244-2. License required. § 244-6. Rental tax; discount; exemption.

§ 244-3. Fees. § 244-7. Violations and penalties.

§ 244-4. Building permit required for manufactured homes.


GENERAL REFERENCES



For the purpose of this chapter, the following terms shall have the meanings indicated below:

MANUFACTURED HOME — A dwelling unit, including a mobile home, but excluding acamping trailer, travel trailer, truck camper and motor home, which is a movable or portableunit designed and constructed to be towed on its own frame and wheels or which is attachedfor transporting and designed to be connected to utilities for year-round occupancy. The term"manufactured home" includes:

A. A unit containing parts that may be folded, collapsed or telescoped when towed andwhich is expandable to provide additional cubic capacity.

B. A unit composed of two or more separately towable components designed to be joinedinto one integral unit capable of being separated into components for repeated towing.

C. A unit which is designed to be used with or without a permanent foundation. Theremoval of the unit from its chassis or the placing of the unit on a permanent foundationshall not be construed as a change in the character of the mobile home under this chapter.

MANUFACTURED HOME PARK — Any plot of land which may be owned by a naturalperson, corporation, partnership, association, joint-stock company, society or any other entityof any kind, upon which space is provided and/or utility service supplied for two or moreunits.

OWNER — Any natural person, corporation, partnership, association, joint-stock company,society or any other entity of any kind.

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§ 244-2. License required.

The owner of every manufactured home park in Cecil County shall obtain a license in order tooperate such park in the County. The license shall be obtained from the Department ofPermits and Inspections.

§ 244-3. Fees.

The license fee for manufactured home parks for each year or fraction thereof shall be set byresolution by the Cecil County Council.

§ 244-4. Building permit required for manufactured homes.

All manufactured homes located in Cecil County in a manufactured home park must obtain abuilding permit from the Department of Permits and Inspections prior to placing the unit on alot. Anchoring, pier and foundation units shall comply with the applicable codes adopted bythe County which are in effect at the time of permit application.

§ 244-5. Rules and regulations.

The County may promulgate and adopt rules and regulations in conformity with theprovisions of this chapter as to the details of securing licenses and for paying the fees andexcise taxes provided. The power to adopt and promulgate rules and regulations shall includealso the preparation and furnishing of appropriate tax-reporting forms to be provided to theowners/operators licensed under this chapter.

§ 244-6. Rental tax; discount; exemption.

A. Pursuant to the authorization of Article 24, Title 9, Subtitle 4, § 9-401, of the AnnotatedCode of Maryland, as amended from time to time, every owner licensed to operate andconduct a manufactured home park in the County, under existing laws or regulationspertaining thereto, shall collect from any person, including the park owner if he/she ownsa mobile home which occupies space in the park, paying charges for the rental, lease oruse of any space, facility or accommodation in such park or for the providing of anyservices by such park owner, a tax thereon of $20 per month.

B. All manufactured home park owners are permitted, for administrative costs, a discountequal to 1.5% of the gross amount of the rental tax collected, if paid on or before the15th of each month.

C. If a manufactured home park owner fails to pay the rental tax as required by this chapter,the owner shall pay interest at the rate of 1% per month on the unpaid tax, said interestto be prorated from the date due to the date of payment.

D. Persons who are 65 years of age or older and/or persons who are mentally or physicallyhandicapped who own manufactured homes in manufactured home parks are entitled to atax exemption in the amount of $36 per year, which will be in the form of a refund paidby Cecil County, Maryland, upon approval of the application made by the manufactured

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§ 244-6 MANUFACTURED HOME PARKS § 244-7

home owner to the County or its designee. Such refund is to be made in June of thefiscal year for which taxes were paid upon the presentation of receipts and approval ofthe application.1


Any owner operating a manufactured home park in Cecil County without a current licensetherefor, or refusing to pay the monthly tax thereon, as required by this chapter, upon ajudicial finding of said violation, shall be liable for a fine of not more than $250 and, inaddition, shall pay all costs and expenses associated with the County's abatement of saidviolation as well as any and all fair and reasonable attorneys' fees incurred as a result of saidabatement efforts. Each day that a violation continues/exists shall be deemed a separateoffense. Nothing herein contained shall prevent the County from taking such other lawfulaction as it deems necessary to prevent or remedy any violation.


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Chapter 261

PARKS AND RECREATION § 261-1. Purpose; nondiscrimination. § 261-4. Permits required.

§ 261-2. Definitions. § 261-5. Park rules and regulations.

§ 261-3. Applicability. § 261-6. Enforcement; violations andpenalties.

[HISTORY: Adopted by the Board of County Commissioners (now County Council) ofCecil County 3-6-2012 by Ord. No. 2012-02 (Ch. 57, § 57-13, of the 1990 Code of PublicLocal Laws). Amendments noted where applicable.]

GENERAL REFERENCES

Animal care and control — See Ch. 142. Peddling and soliciting — See Ch. 265.Cemeteries — See Ch. 165. Vehicles, traffic and transportation — See Ch. 359.Curfew — See Ch. 180.

§ 261-1. Purpose; nondiscrimination.

The purpose of this chapter is to establish regulations providing for the public's safe andpeaceful use of County parks and parkland; for recreational and educational benefit andenjoyment; and for the protection and preservation of the property, facilities and naturalresources of the County. Parkland and recreation programs conducted on parkland are openfor use by all members of the public regardless of race, religion, creed, color, sex, nationalorigin or disability.



DEPARTMENT — The Cecil County Department of Parks and Recreation.

DEPARTMENT OFFICIAL — An employee acting under the authority of the Director.

DIRECTOR — The Director of the Department of Parks and Recreation or the Director'sauthorized designee.

PARK PROPERTY — Real and personal property which Cecil County owns in fee simple orin which it holds a leasehold or easement interest and which is managed by the Departmentfor the use and benefit of the public for recreation, the protection of wildlife habitats, or theprotection of natural, scenic, or historical resources. Park property includes, without limitation,a County park, County pathway, open space property purchased by or dedicated to theCounty, vegetation, soil, water, wildlife, a building or structure and its contents, a signimprovement, fixture, equipment, monument, historic artifact, statue, vehicle, or a boundarysurvey marker monument.

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STREAM BUFFER — All land within 110 feet of the bank of a stream which is located onthe property.

STREAMS — Water flowing in a definite direction in a channel with a bed and banks andhaving a substantial degree of permanence, although flow may vary and in times of droughtmay cease for a period of time. A stream includes, without limitation, perennial or intermittentstreams as well as drainage swales which are located on park property.

WETLANDS — Any land located on park property which has been determined by the ArmyCorps of Engineers or the Maryland Department of the Environment to be regulated orjurisdictional wetlands, or determined by the soil conservation district to be regulatedwetlands using federal and state standards.

WETLANDS BUFFER — All land within 25 feet of wetlands which is located on parkproperty.


The provisions of this chapter shall apply in and upon all Department parklands and facilitieswithin the County.

§ 261-4. Permits required.

A. Permits for the exclusive use of any park facility may not be issued to any group ororganization until after complete review by Department Director and/or designee.

B. Application for a permit shall be made upon a form furnished by the Department andshall be accompanied by any fee required.

C. No permit shall be issued to anyone under the age of 21 years.

D. The holder of a group permit issued by the Department shall be financially responsiblefor the destruction of park property by any person covered by the permit and mustremain on site for the duration of the rental.

E. All permits shall be displayed upon request of Department personnel or law enforcementagencies with enforcement duties within the County.

F. All insurance forms, if required, must be submitted with the facility user fee.

§ 261-5. Park rules and regulations.

A. Destruction of park property. No person shall deface, alter, injure or disturb anymonuments, boundary lines, physical structures, lands, installations, notices, signs orhistorical or prehistorical ruins.

B. Fires. No person shall build or cause any fire, except within designated fire receptacles.

C. Animals. No person shall:

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§ 261-5 PARKS AND RECREATION § 261-5

(1) Pursue, catch, or kill any wildlife.

(2) Disturb any nest, den or burrow of any animal or fowl.

(3) Cause or permit any dog, cat or other domesticated animal to run at large (must beleashed in public parks and facilities) or to create a nuisance.

D. Fishing. A valid Maryland fishing license is required to fish in park waters.

E. Operation of watercraft. No person shall:

(1) Operate any watercraft upon any park waters, except at such time or place as maybe designated for such purpose by the Department.

(2) Operate any powered watercraft on any park waters without written permission ofthe Department.

(3) Operate any watercraft in any park waters in such a negligent manner so as toendanger life, limb or property.

F. Operation of an aircraft. No person shall operate an aircraft, helium or hot air balloon,hang glider, ultralight aircraft, parachute, or any other person-operated aircraft on parkproperty.

G. Swimming. No person shall swim in any park waters or pools, except at such times andplaces as may be designated for such purpose.

H. Camping. No person shall camp on park grounds, except by permit and in such areas asmay be designated for such purpose by the Department.

I. Operation of vehicles; parking. The Director may close roads within park property asnecessary.

(1) Pedestrian right-of-way. In all instances, a pedestrian shall have the right-of-waywithin park property.

(2) Speed limits. Unless a different speed limit is posted, the speed limit for a motorvehicle within park property is 15 miles per hour.

(3) Roadways open to motor vehicles. Except for a County maintenance vehicle,emergency vehicle, or police vehicle, a person shall operate a motor vehicle withinpark property only on a road or street with public access. A person shall notoperate an all-terrain vehicle, go-kart, or any other manned off-road vehicle withinpark property.

(4) Vehicle repair. Except for an emergency repair, a person shall not repair orperform maintenance on a vehicle within park property.

(5) Parking regulations. A person shall not stop, stand, or park a motor vehicle on parkproperty if the motor vehicle is located on or obstructing the entrance to an accessroad, on or obstructing the entrance to a bike path, walking path, or bridle path, ona pathway or road during those hours when park property is not open to the public,unless specifically directed by authorized Department personnel or police, on any

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grass area or unless specifically directed by authorized Department personnel orpolice, where the motor vehicle will injure any form of vegetation.

(6) Impoundment of vehicles. An illegally parked or abandoned motor vehicle may betowed from park property and impounded at the owner's expense, pursuant toChapter 359, Vehicles, Traffic and Transportation, Article II, of the Code of CecilCounty.

J. Regulation of recreational activities. The following recreational activities are restricted todesignated areas of park property and may be subject to additional requirements.

(1) Bicycling. A person shall operate a bicycle on park property in accordance withthe following requirements:

(a) A person shall operate a bicycle on a road within park property.

(b) A person may operate a bicycle on a pathway or trail designated for bicycleriding.

(c) The maximum speed on a trail or pathway is 10 miles per hour.

(2) Picnicking. A person may picnic only in a designated area.

(3) Roller skating; in-line skating; or skateboarding. A person may roller skate, in-lineskate, or skateboard on a pathway or sidewalk. A person shall not roller skate,in-line skate or skateboard on a road, parking area, or multipurpose recreationalsurface, including, without limitation, a basketball court, tennis court, orracquetball court.

K. Regulation of conduct.

(1) Depositing refuse generated off-site. A person shall not deposit refuse generatedoff-site onto park property.

(2) Encroachments. Without first obtaining a permit, a private encroachment isprohibited on park property. An encroachment shall include, without limitation, afence, wall, dog run, dog house, storage structure, driveway, compost pile,swimming pool, treehouse, playhouse, wood pile, garden, play equipment,television or radio reception device, or any other device, structure, refuse, ormaterial.

(3) Entrance and exit. A person shall enter and exit park property at an officiallydesignated entrance and exit.

(4) Indecent conduct. While on park property, a person shall not be nude or indecentlyexpose himself/herself; engage in sexual acts; or urinate or defecate except in adesignated facility.

(5) Lost objects. A lost object found on park property shall be turned over to aDepartment official and may be recovered by showing proper photo identification.A lost object shall be held by the Department for a period of 30 days, after whichtime it will be turned over to the Police Department.

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L. Parkland protection. Unless stated on a County-issued permit, no person or persons arepermitted to mow, cut, trim, spray, fertilize, or disturb in any way County-ownedproperty. It is further understood that no person shall throw, cast, lay, drop, deposit,leave, spill, pour, dump, discharge, dispose of, or otherwise place any matter, substance,thing, liquid, or solid onto or into any park, in any storm drain, sewer, or other devicewhich drains onto park property, in waters within or which run into park property. Thisshall include the application of a herbicide, fertilizer, fungicide, insecticide, or othersubstance on park property.

M. Horses. Horses are not permitted in any County park.

N. Trespassing.

(1) No person shall remain upon park property at any time between sunset of any dayand sunrise of the following day except in parks with designated operating hours,in which case no person shall be permitted in parks beyond the posted hours ofoperation unless issued a permit to do so by the Department.

(2) No person shall remain upon park property after a lawful command to remove by alaw enforcement officer or by the Director of Parks and Recreation or his/herauthorized representative.

O. Peddling and soliciting. No person shall peddle, solicit business of any nature whatever,collect any funds for any service or charity, distribute handbills or other advertisingmatter or post any signs on any parklands, waters or structures, unless authorized by theDepartment in writing. The sale or offer for sale, hire, or lease of merchandise, a vehicleaircraft, or watercraft is prohibited.

P. Interference with Department employees or agents. No person shall interfere with anyemployee or agent of the Department in the performance of any official duty.

Q. Use of loudspeakers, public-address, systems or amplifiers. No person shall use aloudspeaker, public-address system or amplifier within or upon Department propertywithout a permit issued by the Department.

R. Possession of firearms. No person shall have in his/her possession any firearm or weaponwhile upon park property. This subsection shall not apply to persons authorized by law tocarry firearms in the discharge of their official duties.

S. Fireworks. No fireworks are permitted in any County park at any time.

T. Training of animals. No person shall train an animal except as provided by state law.(i.e., commercial gambling is not permitted).

U. Grading. Conducting or causing the grading, removal, or disturbance of soil, rocks, orminerals on park property is not permitted.

V. Herbicides or fertilizers. Applying a herbicide, fertilizer, fungicide, insecticide, or othersubstances or chemical is not permitted on park property.

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W. Signs. No person shall erect or post a sign or notice on park property, including, withoutlimitation, an audio sign or notice such as a talking machine, recorder, or otheraudio/visual device.

X. Littering. No person shall:

(1) Discard, deposit, dump or allow to blow away refuse of any kind in or upon parkproperty, except by placing such refuse in a container provided for such purpose.

(2) Dispose of any refuse on park property, whether disposed of in a receptacle or not,if such refuse is not a result of use within the park property.

Y. Skating, coasting and sledding. No person shall:

(1) Skate, sled, walk or go upon any ice, or ski, except at such a time and place asmay be designated for such purpose by the Department.

(2) Coast with hand sleds, bobsleds, carts or other vehicles on wheels or runners,except at such time and place as may be designated for such use by theDepartment.

(3) Skate, sled or coast in such negligent manner as to endanger life, limb or property.

Z. Public exhibitions and performances. No person shall exhibit any machine, show anyanimals or indulge in any exhibitions, nor shall any person carry on any performancewhich shall cause persons to congregate so as to interfere with the proper use of the parkby the general public or to obstruct the passage of vehicles or persons, without firsthaving obtained a permit from the Department.

AA. Payment of fees. No person shall use any facility, land or area for which a fee or chargehas been established by the Department without payment of such fee or charge.

BB. Alcoholic and intoxicating substances. No person shall at any time possess, distribute oruse alcoholic beverages, illegal drugs or narcotics in any County-operated park orfacility.

CC. Cecil County public boat ramps.

(1) Permit required. All trailers using Cecil County public boat ramps must have acurrent sticker located on the trailer tongue, one foot from the hitch on the rightside (passenger side).

(a) When purchasing a trailer permit, an applicant must provide a driver'slicense, trailer tag registration and vessel registration.

(b) Permits are $20 and can be purchased Monday through Friday, 8:00 a.m. to4:00 p.m., from the Cecil County Director of Finance's office, 200Chesapeake Boulevard, Elkton, Maryland and/or other establishmentsauthorized by the Cecil County government. Permit fees may be altered byresolution of the Cecil County Council.

(c) Permits are valid for a period of one calendar year.

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(2) Use regulations.

(a) Park in designated areas only.

(b) No admittance between 10:00 p.m. and 5:00 a.m.

(c) No camping, campers, or open fires.

(d) Do not block ramps.

(e) Do not dock in posted areas.

(f) No sunken vessel shall remain for more than three days.

(g) No person shall leave equipment or boats in the park for more than 48 hours.

§ 261-6. Enforcement; violations and penalties.

A. Generally. Through the governing authority granted to the Cecil County Board of Parksand Recreation, the County elects to enforce said regulations through the followingdesignees: Director, Superintendent, Recreation Coordinator, Department of Parks andRecreation and the Deputy Sheriff's Department of Cecil County. Citations may be issuedfor any and all violations. Violators of any regulations contained herein shall be fined$50.

B. Criminal penalties. A person who violates a provision of this chapter that is not alreadyprohibited by state or federal law is guilty of a misdemeanor and, upon conviction, issubject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days, or both.A person who violates a provision of this chapter that is prohibited by state or federallaw shall, upon conviction, be subject to the fine, imprisonment, or both, as provided bystate or federal law.

C. Civil penalties. Every act or omission which by these regulations is made a violationshall be subject to a civil fine not to exceed $1,000 for each violation. The fine shall bepaid by the offender to the Director of Finance of Cecil County within 20 calendar daysupon receipt of the citation. Each day a violation continues constitutes a separate offense.

D. In addition to the penalties prescribed by this section, the Director of Parks andRecreation shall have the authority to revoke or suspend any license, permit or use of anyperson violating any of the provisions of this chapter.

E. Warnings may be issued at the discretion of the enforcing authority.

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Chapter 265

PEDDLING AND SOLICITING § 265-1. Permit required. § 265-6. Prohibitions; revocation of

permits. § 265-2. Definitions. § 265-7. Hours of operation. § 265-3. Registration requirements. § 265-8. Violations and penalties.§ 265-4. Exemptions. § 265-9. Fees.§ 265-5. Issuance, term and display of

permit; lost or stolen permits.


GENERAL REFERENCES

Auctioneers — See Ch. 148. Parks and recreation — See Ch. 261.Curfew — See Ch. 180.

§ 265-1. Permit required.

A. It shall be unlawful for any person to publicly sell, hawk or peddle any articles ofmerchandise within the unincorporated boundaries of Cecil County without having firstobtained a permit from the Cecil County Department of Permits and Inspections, exceptas exempted herein.

B. In the areas of the County which are incorporated, it is the responsibility of thepeddler/hawker to check for license or permit requirements within those jurisdictions.



CHARITABLE ORGANIZATION —

A. Any benevolent, philanthropic, patriotic, not-for-profit, educational, religious oreleemosynary group, association or corporation which qualifies under § 501 of theInternal Revenue Code as a tax-exempt organization.

B. A fire company which is organized for the prevention and extinguishment of fires.

CONTRIBUTION — The promise or grant of any money, credit, property, financialassistance or any other thing of value, including payments for literature in excess of the fairmarket value of said literature.

ESTABLISHED PLACE OF BUSINESS — Any building or room licensed for the handlingof the products enumerated in this chapter.

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INCORPORATED TOWN — Cecilton, Charlestown, Chesapeake City, Elkton, North East,Perryville, Port Deposit and Rising Sun.

ITINERANT RETAIL PRODUCE DEALER — Any person without an established place ofbusiness within the limits of the County, selling or offering for sale from any cart, wagon,truck, automobile or other vehicle any fruits, vegetables, garden produce, eggs, cheese, game,veal, pork, mutton, lamb, rabbits or poultry.

ITINERANT RETAIL SEAFOOD DEALER — Any person without an established place ofbusiness within the limits of the County, selling or offering for sale from any cart, wagon,truck, automobile or other vehicle any seafood or seafood products.

NEWSPAPER — A paper that is distributed and contains news, articles of opinion andadvertising. This definition includes community newspapers and pennysavers.

PEDDLER — Any person, either principal or agent, who in/on any public street, road orhighway or public place or from any vacant property, whether publicly or privately owned, orby going from place to place or house to house, delivers or distributes advertising material,literature, pamphlets, samples or handbills or sells or offers for sale, barter or exchange anygoods, wares, merchandise, service or any other article or thing whatsoever, either in hispossession or not in his possession, either for immediate or future delivery.

PERSON — A natural person, corporation, partnership, association, joint-stock company,society or any other entity of any kind.

PRODUCE — Agricultural products, fruits and vegetables.

RESIDENTIAL PREMISES — A house, apartment, condominium, cooperative or mobilehome which is used as a dwelling place or domicile by the occupant.

SOLICITOR — Any person, either principal or agent, who acts, in any public street, road orhighway or public place or from any vacant property, whether publicly or privately owned, orby going from place to place or house to house for the following purposes:

A. Selling any goods, wares or merchandise, including magazines and printed matter, oraccepts subscriptions or orders therefor.

B. Accepting or requesting donations for any charitable purpose.

§ 265-3. Registration requirements.

All persons desiring a permit under the requirements of this chapter shall register with theDepartment of Permits and Inspections and furnish the following information:

A. The name, home address and local address, if any, of the applicant.

B. A physical description of the applicant, setting forth the applicant's age, height, weightand color of hair and eyes, and any other distinguishing physical characteristics of theapplicant.

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§ 265-3 PEDDLING AND SOLICITING § 265-5

C. The name, address and telephone number for the firm or corporation for which orthrough which orders are to be solicited and cleared.

D. The nature of the goods, wares or merchandise for which orders are to be solicited.

E. A statement as to whether the applicant has been convicted of a felony or misdemeanorand, if so, what.

F. Current verification that the applicant holds a Maryland sales tax identification number.

G. A copy of a valid state motor vehicle operator's license (copy to be attached).

H. If the applicant is unable to meet the criteria of Subsection G above, some other type ofidentification with picture is required (copy to be attached).


The provisions of this chapter shall not apply to the following:

A. The peddling of farm produce by farmers or persons who produce such goods. The term"farm produce" shall be interpreted to mean only edible farm products.

B. The peddling of seafood or seafood products of any kind which have been taken fromwaters within the limits of the County.

C. Members of any civic or charitable organization who are registered with the CecilCounty Department of Permits and Inspections, when the names of the solicitors havebeen listed as such members and the organization has provided each person with anapproved means of identification of the organization represented.

D. The delivery of food, goods, wares, merchandise, magazines, periodicals, produce,services or commodities previously ordered by the occupant of the premises to which thesame is delivered or on which the services are to be performed.

E. Route deliverymen who make deliveries at least once a week to regular customers andwhose solicitation is only incidental to their regular deliveries.

F. The delivery of newspapers.

G. School-affiliated groups (i.e., PTA, band boosters, etc.), provided that the organization isassociated with a Cecil County school.

H. Cecil County organized youth teams (baseball, soccer, basketball, softball, field hockey,etc.).

§ 265-5. Issuance, term and display of permit; lost or stolen permits.

A. Upon furnishing the information required under § 265-3, the applicant shall be issued apermit by the Department of Permits and Inspections.1


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B. A permit issued under this chapter shall be good for one year, beginning on January 1and expiring on December 31 of the same year, unless revoked as provided for in thischapter.

C. Each permittee shall at all times have on his person, while engaged in the purposepermitted under this chapter, the permit issued hereunder and shall exhibit the same toany County official or police officer upon request.

D. If a peddler's permit is lost or stolen, such shall be reported to the Department of Permitsand Inspections within 10 days. Upon notification, the Department shall issue areplacement permit at a cost established from time to time by the County.2

§ 265-6. Prohibitions; revocation of permits.

A. Prohibitions.

(1) No permit shall be issued under this chapter to any person under the age of 18years. However, persons under the age of 18 years may peddle or solicit inconnection with transactions as defined in § 265-4.

(2) It shall be unlawful for any peddler or solicitor in plying his/her trade to enterupon any premises or property or to ring the doorbell or knock upon or enter anybuilding whereon there is painted or otherwise affixed or displayed to the publicview any sign containing any or all of the following words: "No Peddlers, NoSolicitors, No Agents," or other wording, the purpose of which purports to prohibitpeddling or soliciting on the premises.

(3) It shall be unlawful to remain in a private residence or on the premises thereofafter the owner or the occupant has requested such person to leave.

(4) No permit shall be transferred from one person to another.

B. Revocation of permits.

(1) A permit will be revoked for fraud, misrepresentation or false statements made inthe course of carrying on business as a peddler.

(2) A permit will be revoked for any violation of this chapter.

§ 265-7. Hours of operation.

Within the unincorporated boundaries of Cecil County, soliciting or peddling shall beprohibited before the hour of 9:00 a.m. or after the earlier of 1/2 hour after sunset or 8:00p.m. Except as otherwise provided, this provision shall not apply to transactions under§ 265-4 of this chapter.


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§ 265-8 PEDDLING AND SOLICITING § 265-9


Any person who violates any provision of this chapter is guilty of a misdemeanor and shall besubject, upon conviction thereof, to a fine not to exceed $500 or imprisonment not to exceedthree months, or both, for each violation. Each violation of this chapter is considered aseparate offense.

§ 265-9. Fees.

All fees shall be established by resolution by the Cecil County Council as provided for bylaw. Copies of the fee schedule will be available in the office of the Cecil County Council andthe Department of Permits and Inspections.

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Chapter 270

PLUMBING

ARTICLE I § 270-13. Denial or rescission. General Provisions § 270-14. Transfer.

§ 270-15. Homeowners plumbing § 270-1. Purpose. permits.

§ 270-2. Conformity of work;§ 270-16. Verbal permits. installations.

§ 270-3. Inspections. ARTICLE IV § 270-4. Fees. Plumbers§ 270-5. Plumbing Board; appeals.

§ 270-17. Licensing; applications.

ARTICLE II § 270-18. Nonresident plumbers. Regulations § 270-19. Misuse of license.

§ 270-20. Display of information;§ 270-6. Adoption of standards by vehicles. reference.§ 270-21. Connections to municipal § 270-7. Reused tanks and materials. system or regulated utility.

§ 270-8. Traps and cleanouts.§ 270-22. Plumbing in

§ 270-9. Plumbing fixtures. commercial/industrial buildings.§ 270-10. Safety devices.

§ 270-11. Flow rates and waterARTICLE V consumption.Violations

ARTICLE III§ 270-23. Failure to remedy defects. Permits§ 270-24. Violations and penalties.

§ 270-12. Permits required; applications; exceptions.


GENERAL REFERENCES

Building construction — See Ch. 157. HVAC standards — See Ch. 229.Electrical standards — See Ch. 191. Minimum livability code — See Ch. 240.Energy conservation standards — See Ch. 195. Water and sewers — See Ch. 365.Housing standards — See Ch. 225.

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§ 270-1. Purpose.

The purpose of this chapter is to provide basic and uniform plumbing regulations in terms ofperformance objectives implemented by specific requirements, establishing reasonablesafeguards for sanitation in and adjacent to buildings to protect the public health against thehazards of inadequate facilities.

§ 270-2. Conformity of work; installations.

All plumbing work performed in the County in, about or in connection with any building mustconform with this chapter and the regulations of the State Department of Health and MentalHygiene. All indoor plumbing fixtures must be installed under the supervision of a masterplumber licensed in the County and the state. Installation of approved wells, septic tanks,seepage pits or tile fields must be done under the supervision of a licensed master plumberunless the work is performed by the property owner himself or by a person of such knowledgeand training as to warrant specific authorization by the County Health Department.


A. The County Plumbing Inspector shall be notified by the plumber to perform aninspection before covering any indoor or outdoor underground installations and roughplumbing work. The Plumbing Inspector shall be requested by the plumber to perform afinal inspection at such time as all plumbing work is complete.

B. Inspections for plumbing installations can only be scheduled by the individual or his orher representative who acquired the plumbing permit.

C. A notice of at least 24 hours is required to schedule any inspection.

D. All connections to a municipal water or sewer line shall be inspected by the CecilCounty Department of Public Works or any municipality which regulates such lines ortheir agent prior to covering of the work performed.

§ 270-4. Fees.

All fees shall be established by resolution of the Cecil County Council as provided for by law.Copies of the fee schedule will be available in the office of the Cecil County Council and theDepartment of Permits and Inspections.

§ 270-5. Plumbing Board; appeals. 1


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§ 270-5 PLUMBING § 270-8

The County Executive, in accordance with the Charter, shall annually appoint a CountyPlumbing Board, which shall consist of three members made up of a representative of theMaster Plumbers Association of the County, the County Health Officer, an architect, engineer,or builder and/or any combination thereof. Said County Plumbing Board shall meet at therequest of the Chairman or when it is deemed necessary to resolve disputes concerningplumbing installations. It shall hear and decide all questions in dispute between propertyowners, or their agents, and the Plumbing Inspector. Said County Plumbing Board shall act asan advisor to the County with respect to the administration and enforcement of the provisionsof this chapter. Any person, firm or corporation aggrieved by the decision of the CountyPlumbing Board may appeal to the Circuit Court for Cecil County.

ARTICLE IIRegulations

§ 270-6. Adoption of standards by reference.

A. Cecil County herewith adopts the National Standard Plumbing Code Illustrated and anysupplements thereto as prepared by the National Association ofPlumbing-Heating-Cooling Contractors as adopted and amended by the State Board ofPlumbing and hereby includes such regulations by reference in the County PlumbingCode. Cecil County herewith also adopts additions and/or modifications to the code andany state plumbing regulations as stated further in this chapter or as may be required forthe promotion of public health and safety. Any provisions of the Maryland BuildingPerformance Standards that deal directly with plumbing installations and applications asadopted by the State of Maryland shall also be complied with.

B. In conjunction with the adoption of the Plumbing Code, the County also adopts theNational Fuel Gas Code as prepared by and adopted by the American Gas Association(AGA) and the National Fire Protection Association (NFPA).

§ 270-7. Reused tanks and materials.

Hot water heater tanks shall not be disconnected and reused if more than two years old. Otherplumbing materials such as spigots, sinks, bathtubs, commodes, commode seats, hot-watertanks, water pumps or used piping shall not be disconnected and reused without approval ofthe County Plumbing Inspector.

§ 270-8. Traps and cleanouts.

The maximum distance of fixture traps from vents shall be the following:

Size of Fixture Drain Distance From Trap to Vent(inches) (feet)

1 1/2 5

2 8

3 10

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§ 270-9. Plumbing fixtures.

A. Indirect waste drains and piping.

(1) Clothes washers. The drains from clothes washers may discharge indirectly to thedrainage system by means of an air gap without any traps or vents on the indirectpiping.

(2) Food handling establishments. In food service establishments, all utensils, sinks,dishwashers, ice makers, food preparation sinks and any other compartment whichmay contain food or utensils and is connected to the drainage system shall beprovided with an indirect waste drain with a vertical air gap.

B. Frostproof yard hydrants are prohibited for a potable water supply system due to possiblecross-connections. A vacuum breaker may be used between the hydrant and the system,but no vacuum breaker shall be allowed underground.

C. Sump pumps are prohibited from connection to a municipal or private waste/sewersystem.

§ 270-10. Safety devices.

A. Pressure relief valves for pumps. All water pumps capable of producing pressures inexcess of the safety-rated pressure capacity of the storage tank shall have a properpressure relief valve installed in the pump discharge line near the storage tank or in thetank itself.

B. Temperature relief valves. Temperature relief valves shall be of adequate relief rating,expressed in Btu/hour, for the equipment served. The valve shall be installed so that thetemperature-sensing element is submerged in the hottest water within the top six inchesof the tank. The valve shall be adjusted to open when the stored temperature is 210° F.or less. No temperature relief valve may be reused or transferred but must be replaced bya new valve.

C. Automatic water cutoffs. Any piping supplying water to a boiler or other device shall beprovided with an automatic water cutoff valve. The line shall be have the valve installedin the front of and behind the water cutoff device.

§ 270-11. Flow rates and water consumption.

A. Flow rates and water consumption for fixtures shall not exceed the amounts listed in thetable below for either hot or cold water. When there are separate hot and cold waterfaucets or valves without a mixing spout or mixing arrangement, each faucet shall belimited to 1/2 the amount specified in the table.

B. A water closet or urinal which consumes more water per flush than the amountspermitted in the table may be sold or installed only if the water closet or urinal:

(1) Consumes no more than 3.5 gallons per flush for a water closet and 1.5 gallons perflush for a urinal;

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§ 270-11 PLUMBING § 270-13

(2) Meets the requirements of the code which were in effect on January 30, 1992;

(3) Was manufactured prior to January 31, 1992, and has been permanently stampedwith the date of manufacture;

(4) Was in the inventory of a wholesaler, retailer or installer in Maryland on January31, 1992; and

(5) Is installed on or before December 31, 1992.

Water Consumption For Each Flushing OperationFixture Water Consumption

Water closets 1.6 gallons

Urinals 1.0 gallon

Lavatory faucet, "self-closing" 0.5 GPM/use

Sink faucet, "self-closing" 0.5 GPM/use

ARTICLE IIIPermits

§ 270-12. Permits required; applications; exceptions.

A. No plumbing work shall be commenced in the County until a permit to do such work hasbeen issued by the County Plumbing Inspector to a licensed master plumber.

B. Application for such a permit shall be made on forms prepared and provided by theOffice of Permits and Inspections and accompanied by the appropriate fee required.

C. Repairs which involve only the working parts of a faucet or valve, the clearance ofstoppages, the repairing of leaks or the replacement of defective faucets or valves may beperformed without a permit, provided that no alterations are made in the existing pipingto fixtures.

§ 270-13. Denial or rescission.

A. Bad faith or unreasonable delays in the performance of work or the failure to respondpromptly to official communications shall be deemed sufficient reason for rescindingpermits or withholding future permits, and the master plumber shall be held responsiblefor the violation of these regulations by him or his employees.

B. At any time that the Department of Permits and Inspections or any designated CodeEnforcement Officer or inspector of the County determines that any person, firm orcorporation erects, constructs, alters, repairs, removes, demolishes, and/or installs anyplumbing apparatus or system or causes the same to be done in violation of this code orthe Plumbing Code as adopted by the Cecil County Council, notice shall be sent to saidperson, firm or corporation advising of said violation and corrections necessary. Saidnotice shall be presumed received upon being mailed to the address of said person, firm

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or corporation provided on any permits issued or other information obtainable for suchperson, firm or corporation three days after mailing. Until such violation(s) has beencorrected, the Department of Permits and Inspections and/or any appropriate CodeOfficial of the County shall have the power to suspend any permit issued to said person,firm or corporation, withdraw any permits issued to said person, firm or corporationand/or deny any further permits requested by said person, firm or corporation.

C. For the purpose of this section, "person, firm or corporation" shall be defined to mean theparty to whom the permit was issued and/or the owner of the property not in complianceand shall also include any party actually performing work upon such property. Theperson, firm or corporation shall include any officer of any corporation, any partner ofany partnership or any related corporation, partnership, limited-liability company orlimited-liability partnership owned in whole or in part by any aforementioned party.2

D. Any person shall have the right to appeal any decision of the Code Official. Anapplication for appeal shall be filed in writing with the Department of Permits andInspections within 10 days of receipt of any notice. All appeals shall be heard by thePlumbing Board.3

§ 270-14. Transfer.

A. In the case where a plumber signs an application for a permit and does not desire to dothe work covered by it, either in part or in its entirety, he shall so notify the CountyPlumbing Inspector/Department of Permits and Inspections in writing, requesting that hebe released from responsibility for that part of the work that he does not desire to do. Hewill, however, be held responsible for any work which he has completed. The PlumbingInspector's record will indicate the extent of such completed work and suchresponsibility, and the permit will be revised accordingly and held in abeyance.

B. In the event that the plumber who signed the application for a permit dies and the ownercalls in a new plumber, the original permit will remain active upon request, in writing,from the new plumber to the extent of the incomplete work.

C. In the case where the plumber who originally signed the application (and to whom thepermit was issued) is removed from the work by the owner and is replaced by anotherplumber, the owner shall notify the Plumbing Inspector, in writing, of the proposedchange and no transfer of the permit will be made without his consent in fewer thanseven days. The transfer will then be made by the Plumbing Inspector, and the firstplumber will be held responsible for that part of the work constructed by him.

D. Licensed master plumbers shall not be allowed to apply for and be issued a plumbingpermit for unlicensed plumbers. Such action is just cause for revocation of the masterplumber's license.



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§ 270-15 PLUMBING § 270-18

§ 270-15. Homeowners plumbing permits.

A. At the time of application for a plumbing permit, any homeowner wanting to perform theplumbing work within his or her dwelling must take a test and submit a drawing of allplumbing, including drainage and water lines. Upon receiving a score of 75, a permitmay be issued to the homeowner. If the homeowner contracts the work to a plumber, it ishis responsibility to determine that the plumber is licensed in the state and County. Itshall be understood that no one except the homeowner or a licensed master plumber shallbe permitted to do plumbing in the residence.

B. An individual may not provide plumbing services that make a final connection betweenthe residence of the individual and a public or private disposal system or water supplysystem. This connection shall only be made by a Maryland licensed master plumber.

C. Homeowners can only obtain a plumbing permit to provide plumbing services withintheir own dwelling once in a five-year period for new construction. For repair work oradditions, the work performed shall be within the personal residence only.

§ 270-16. Verbal permits.

Under no circumstance whatsoever shall verbal permission given at any time by any person beconsidered as a justification for any work to be accomplished or deviation from approvedplans to be made which violates any of these regulations.

ARTICLE IVPlumbers

§ 270-17. Licensing; applications. 4

All master plumbers doing work in the County must be licensed by the County in accordancewith the provisions of the law with respect thereto as set forth in Title 12, Plumbers, of theBusiness Occupations and Professions Article of the Annotated Code of Maryland. Prior tosubmitting an application for a County license, the applicant must present valid proof, asrequired by the County Plumbing Inspector, of his master plumber's certification as issued bythe State Board of Commissioners of Practical Plumbing, and the applicant must also furnishcopies of liability insurance.

§ 270-18. Nonresident plumbers. 5

Any master plumber licensed outside of the state must be licensed in the state and also in theCounty in accordance with the provisions of the law with respect thereto as set forth in Title12, Plumbers, of the Business Occupations and Professions Article of the Annotated Code ofMaryland. Any plumber unable to produce valid proof, as required by the County, of hismaster plumber's certification, as issued by the State Board of Commissioners of Practical



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Plumbing, must apply for an application for examination as a master plumber in the office ofthe County Plumbing Inspector.

§ 270-19. Misuse of license.

Under no circumstances whatsoever shall a master plumber or journeyman plumber licensedin the state or in the County sell, lend or transfer his license for the purpose of performingplumbing work.

§ 270-20. Display of information; vehicles.

A. It shall be required of every master plumber to display in clear view at his place ofbusiness, in a conspicuous place, a sign with the full registered name or names and thewords "Registered Plumber(s)" in letters not less than two inches in size and immediatelyfollowing, or beneath, his state certificate number or numbers in the same size.

B. All trucks or other vehicles owned and used by the master plumber's firm or corporationmust display in a conspicuous place the name of the person(s) holding the masterplumbing certificate, the words "Registered Plumber(s)," and the state certificate numberor numbers.

C. No pleasure vehicles shall be used when conducting plumbing work.

D. Failure to comply with these requirements shall result in revocation or suspension of themaster plumber's license until such time as compliance is made with the aboveregulations.

§ 270-21. Connections to municipal system or regulated utility.

A. A licensed master plumber shall install all piping necessary for connections between thewater distribution and drainage systems of any building in which plumbing fixtures areinstalled and shall be connected to a public water or sewer system. The County PlumbingInspector shall inspect all lines between the building and the property line before they arecovered up.

B. In the case where the public lines are already installed to the property line, a licensedmaster plumber is required to make the connection of the line at that point to thebuilding's lines under the inspection of the County Plumbing Inspector.

C. In the case where the public lines are not installed to the property line, it is required thata licensed master plumber tap the public lines and extend the service connection to theproperty line; this work is subject to inspection by the County Department of PublicWorks or any municipality which regulates such lines or its agent prior to covering anylines. The connection between the public line and the private line at the property linemust be performed by a licensed master plumber and inspected by the County PlumbingInspector as well.

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§ 270-21 PLUMBING § 270-24

D. If any service lines are covered up prior to inspection by either the County Departmentof Public Works, responsible municipality or the County Plumbing Inspector, all workshall be uncovered by order of the Plumbing Inspector.

§ 270-22. Plumbing in commercial/industrial buildings.

Anyone building a commercial/industrial building in Cecil County must obtain the services ofa Maryland licensed master plumber to do the plumbing work.

ARTICLE VViolations

§ 270-23. Failure to remedy defects.

Failure of a master plumber to remedy any defective work or refusal to open any walls, floorsor ditches as required by the Plumbing Inspector, after written notice, shall result in no furtherpermits being issued to the plumber until such requirements are corrected or met.


Any person who shall violate a provision of this code or shall fail to comply with any of therequirements thereof or who erects, constructs, alters or repairs any plumbing in violation ofan approved plan or directive of the Code Official, or of a permit or certificate issued underthe provisions of this code shall be liable for a civil offense, and upon a judicial finding ofsaid violation shall be liable for a fine of not more than $500 and, in addition, shall pay allcosts and expenses associated with the County's abatement of said violation as well as anyand all fair and reasonable attorneys' fees incurred as a result of said abatement efforts. Eachday that a violation continues shall be deemed a separate offense. Nothing herein containedshall prevent the County from taking such other lawful action as is necessary to prevent orremedy any violation.

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Chapter 285

REFUSE HAULERS, COMMERCIAL § 285-1. Purpose. § 285-6. Reporting requirements.

§ 285-2. Definitions. § 285-7. Expiration and renewal of licenses.§ 285-3. Administration. § 285-8. Violations and penalties.§ 285-4. Prohibited acts; licenses

required. § 285-9. Appeals.

§ 285-5. Standards for collection, transportation and disposal.


GENERAL REFERENCES

Septage hauling and discharge — See Ch. 301. Vehicles, traffic and transportation — See Ch. 359.Solid waste and recycling — See Ch. 318.

§ 285-1. Purpose.

The purpose of this chapter is to provide for the regulation of commercial refuse haulers intransporting and disposing of municipal solid waste and/or source-separated recyclablematerials within Cecil County by requiring such haulers to obtain a Cecil County commercialrefuse hauler's license from the Cecil County Director of Finance and by establishingstandards of health and safety for the conduct of such activities.


The following words and phrases, as used in this chapter, shall have the meanings ascribed tothem herein, unless the context clearly indicates a different meaning:

COMMERCIAL REFUSE HAULER — Any person, firm, partnership, or corporation who orwhich is engaged in the collection, transportation, storage, or disposal of more than 50 tonsper year of municipal solid waste and/or source-separated recyclable materials in CecilCounty.

COUNTY — Cecil County, Maryland.1

DESIGNATED DISPOSAL FACILITIES — Solid waste disposal facilities operated by theSolid Waste Management Division of the Cecil County Department of Public Works


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(CCDPW), namely: the Cecil County Central Landfill, Stemmer's Run Transfer Station andWoodlawn Transfer Station.2

GROSS VEHICLE WEIGHT (GVW) — The combined weight of a vehicle or combinationof vehicles, including a towing vehicle, semitrailer and the vehicle load, excluding the driver'sweight.

LICENSED COMMERCIAL REFUSE HAULER — Any commercial refuse haulerpossessing a valid Cecil County commercial refuse hauler's license and all other pertinentpermits and licenses which may be required by the State of Maryland for the collection,transportation, storage, or disposal of municipal solid waste or source-separated recyclablematerials.

MUNICIPAL SOLID WASTE — Any garbage, construction/demolition waste, refuse,industrial, lunchroom or office waste, and other nonhazardous material resulting from theoperation of residential, municipal, commercial or institutional establishments and fromcommunity activities. The term does not include any source-separated recyclable materials orunacceptable waste.

PUTRESCIBLE WASTE — A portion of municipal solid waste consisting of organic wastematerials which, due to biological decomposition, are or have a tendency to be rotten, foul, orodorous, including dead animals and food waste, but not including sewage sludge.

RECYCLING — The collection, separation, recovery and marketing or reuse ofsource-separated recyclable materials which would otherwise be disposed or processed asmunicipal solid waste.

SOURCE-SEPARATED RECYCLABLE MATERIALS — Materials that are separated frommunicipal solid waste at the point of origin or generation for the purpose of recycling.

TRANSPORTATION — The off-site removal of any municipal solid waste orsource-separated recyclable materials at any time after generation.

YARD WASTE — Vegetative matter such as, but not limited to, leaves, grass, brush, treetrimmings, and limbs not exceeding three inches in diameter and six feet in length; Christmastrees; and certain garden and orchard material. Excluded are stumps, logs, branches, limbsover three inches in diameter, and roots from soil grubbing.

§ 285-3. Administration.

A. The Director of Public Works for Cecil County shall be responsible for the overalladministration of the commercial refuse haulers licensing program in accordance with theprovisions of this chapter.

B. The Cecil County Director of Finance shall be responsible for the issuance and renewalof commercial refuse hauler's licenses to those commercial refuse haulers who have paidthe required fee to the Cecil County Director of Finance and who meet all otherrequirements as determined by the Director of Public Works or his/her designee.


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§ 285-4 REFUSE HAULERS, COMMERCIAL § 285-4

§ 285-4. Prohibited acts; licenses required.

A. It shall be unlawful for any person, firm, or corporation who or which is a commercialrefuse hauler, as defined in this chapter, to engage in the collection or transportation ofmunicipal solid waste or source-separated recyclable materials from any residential,public, commercial, industrial or institutional establishment within Cecil County withoutfirst obtaining a license to do so in accordance with the provisions of this chapter. Thissection shall not apply to private individuals (e.g., homeowners) who transport their ownhousehold waste or recyclables to County-designated disposal facilities, public agencies,scrap metal dealers, or to farmers, landscapers or nurseries that collect, remove, haul, orotherwise transport agricultural or other organic waste associated with their respectivebusiness activities.

B. It shall be unlawful for any licensed commercial refuse hauler to collect or transportmunicipal solid waste or source-separated recyclable materials from any sources withinCecil County in a manner not in accordance with the provisions of this chapter and/orany other federal, state, or local regulations.

C. It shall be unlawful for any licensed commercial refuse hauler to dispose of municipalsolid waste, source-separated recyclable materials or other wastes generated fromout-of-County sources at solid waste disposal facilities owned and operated by CecilCounty, Maryland.

D. Any person, firm or corporation who or which desires to collect and/or transportmunicipal solid waste or source-separated recyclable materials in Cecil County shallobtain a commercial refuse hauler's license from the Cecil County Director of Finance.3

E. As a condition of acquiring and maintaining a commercial refuse hauler's license, eachlicensed commercial refuse hauler collecting residential refuse must provide to its CecilCounty customers:

(1) Pickup of municipal solid waste at least once per month; and

(2) Pickup of source-separated recyclable materials at least once per month.4

F. As a condition of obtaining, renewing, or retaining a commercial refuse hauler's license,the Cecil County Department of Public Works and/or Director of Finance may requiredocumentation that a license applicant is in compliance with the provisions of thischapter.

G. The licensing fee shall be set by the Cecil County Council on an annual basis per theSolid Waste Management Division fee schedule. The licensing period will be from July 1to June 30. The County Director of Finance will issue a license certificate to the haulingcompany and a license/account sticker for each licensed vehicle. The license sticker mustbe securely fastened to the driver's side of the vehicle in accordance with the instructionssupplied with the license sticker and shall be visible to the scale house attendant as the


4. Editor's Note: Original Subsections F and G, regarding deadlines for compliance with the new standards, whichimmediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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vehicle approaches the scale. All licenses and stickers are nontransferable and shall beissued for a period of one year. There shall be no reduction or prorated fee for anylicense issued for a partial year.5

H. The commercial refuse hauler's license application form, which will be supplied by theDirector of Finance, shall set forth minimum information required to establish theapplicant's qualifications for a license to collect and/or transport municipal solid wasteand/or source-separated recyclable materials, including, but not limited to:

(1) Name and mailing address of the applicant.

(2) Name and telephone number of contact person.

(3) List of all collection vehicles to be covered under the license, including, at aminimum, the following information for each vehicle:

(a) Identification information for each vehicle (vehicle type, vehicle licensenumber, vehicle registration number, and company identification number).

(b) Date and location of most recent vehicle inspection.

(c) Gross vehicle weight (GVW) of the vehicle.

(4) Type of municipal solid waste and/or source-separated recyclable material to becollected and/or transported.

(5) Documentation that the applicant is providing the required services to customers inaccordance with the provisions of this chapter.

§ 285-5. Standards for collection, transportation and disposal.

All commercial refuse haulers operating within Cecil County must comply with the followingminimum standards and regulations:

A. All licensed commercial refuse haulers' collection vehicles conveying municipal solidwaste and/or source-separated recyclable materials shall be operated and maintained in amanner that will prevent creation of a nuisance or a hazard to public health, safety, or theenvironment.

B. All licensed commercial refuse haulers' collection vehicles conveying putrescible wasteshall be watertight and suitably enclosed to prevent leakage, roadside littering, attractionof vectors and the creation of odors and other nuisances.

C. All licensed commercial refuse haulers' collection vehicles conveying nonputresciblemunicipal solid waste and/or source-separated recyclable materials shall be suitablyenclosed or covered to prevent litter and other nuisances.

D. All licensed commercial refuse haulers' collection vehicles conveying municipal solidwaste and/or source-separated recyclable materials shall bear legible signs or markings


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§ 285-5 REFUSE HAULERS, COMMERCIAL § 285-8

identifying the name and business address of the entity owning the vehicle and thespecific type of material transported by the vehicle.

E. All collection vehicles and equipment used by licensed commercial refuse haulers shallbe subject to inspection by Cecil County Department of Public Works representatives orits authorized agents at any reasonable hour without prior notification.

F. Municipal solid waste and source-separated recyclable materials shall not be mixed witheach other, unless approved by the Cecil County Department of Public Works.


A. All licensed commercial refuse haulers shall maintain current, up-to-date records of themunicipal solid waste and/or source-separated recyclable materials collected within CecilCounty. Such records and collected volume reports shall be subject to review by andmade available to the County or its authorized agents upon request.

B. Each licensed commercial refuse hauler shall prepare and submit semiannual reports tothe Cecil County Solid Waste Management Division Recycling Coordinator. The reportfor the first half of the year (January through June) shall be submitted on or before July31, and the report for the second half of each year (July through December) shall besubmitted by January 31 of the following year. The report shall provide the total weightof source-separated recyclable materials collected each month from sources within CecilCounty which are not disposed of at a Cecil County solid waste disposal facility.

§ 285-7. Expiration and renewal of licenses.

A Cecil County commercial refuse hauler's license or any renewal thereof shall expire on June30 of each year. To renew a license, the commercial refuse hauler must submit a licenserenewal application and fee to the Cecil County Director of Finance at least 30 days prior tothe expiration date of the existing license, if renewal of the license is desired. The Director ofFinance shall have 30 calendar days to process the application. If the Director of Finance failsto take action within 30 calendar days, the application will be deemed to be approved.


A. The Chief of the Solid Waste Management Division of the Cecil County Department ofPublic Works shall have the power to refuse, suspend, or revoke the Cecil Countycommercial refuse hauler's license of any commercial refuse hauler failing to fullycomply with the rules and regulations promulgated hereunder.

B. Prior to refusing, suspending, or revoking such a license, the Chief of the Solid WasteManagement Division shall provide written notice of the violation or violations chargedto the commercial refuse hauler. The commercial refuse hauler shall have five days afterservice of notice to abate the violation or violations to the satisfaction of the Chief of theSolid Waste Management Division, and if abated and provided all other applicablerequirements are met, the license shall be granted and/or all suspension or revocationproceedings shall terminate.

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C. Except as provided herein, any person, firm, or corporation engaged in the business ofcollection and/or transportation of municipal solid waste and/or source-separatedrecyclable materials as defined in this chapter in Cecil County without a commercialrefuse hauler's license shall be subject to a fine of not more than $100 for each day ofviolation.

§ 285-9. Appeals.

A. Holders of a Cecil County commercial refuse hauler's license may appeal a decision bythe Chief of the Solid Waste Management Division to refuse, suspend, or revoke saidlicense to the Cecil County Director/Deputy Director of Public Works.

B. Holders of a Cecil County commercial refuse hauler's license may appeal decisions bythe Director/Deputy Director of Public Works to the Circuit Court for Cecil County;otherwise, all decisions shall be final.

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Chapter 295

ROADS

ARTICLE I § 295-3. Survey of road location;Drainage, Obstructions, Alterations and alterations.

Signs § 295-4. Directional signs.

§ 295-1. Draining lands upon public ARTICLE IIroads unlawful; drainage across Road Standard Specifications

private lands.

§ 295-2. Obstructing or damaging drains § 295-5. Adoption of regulations by or roads prohibited. reference.



GENERAL REFERENCES

Septage hauling and discharge — See Ch. 301. Junked or abandoned vehicles — See Ch. 353.Stormwater discharge — See Ch. 322.

ARTICLE IDrainage, Obstructions, Alterations and Signs


§ 295-1. Draining lands upon public roads unlawful; drainage across private lands.[1961 Code, § 400; 1970 Code, Sec. 18-1]

It shall be unlawful for any landowner to drain water from his lands into or upon any publicroad, and the person so offending shall be liable to indictment by the grand jury, and uponconviction shall be fined not less than $10 nor more than $100; said fine to be paid into theCounty treasury to the credit of road and bridge account. If, in the construction and repair ofpublic roads, it is necessary for the proper drainage of said roads to let off the water therefromupon the adjoining lands, Cecil County shall award to the owner of said lands reasonablecompensation for the privilege, and shall construct drains through such lands so as to preventthe spreading of the water over cultivated fields; but nothing contained in this article shall beso construed as to apply to the natural course of water from the public roads into and uponadjoining lands or from said lands into and upon the roads.

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§ 295-2. Obstructing or damaging drains or roads prohibited. [1961 Code, § 401; 1970Code, Sec. 18-2; 1988, ch. 227, § 21 ]

It shall be unlawful for anyone to obstruct, fill up or otherwise injure the drains made forconducting water from the public roads, or the ditches on the sides of said roads, or toobstruct any road by moving fences out upon the same, or placing other obstructions thereon,or to dig any ditch or drain across any road, without first having procured an order from theCounty to do so, and to neglect to keep such ditch or drain well covered and in good repairfor the passage of vehicles over the same; and all persons so offending shall, upon conviction,be fined not less than $10 nor more than $100, said fine to be paid into the County treasury tothe credit of the road and bridge account. When any unlawful obstruction or injury to a publicroad shall be reported to the Director of Public Works, he shall forthwith remove saidobstruction, or repair said injury, at the cost of the person causing the same; and if suchperson shall refuse to pay the costs to the Director of Finance, the County shall institute suitat once against him to recover said costs.

§ 295-3. Survey of road location; alterations. [1961 Code, § 402; 1970 Code, Sec. 18-4;1988, ch. 227, § 2]

Whenever any doubt may exist as to the proper location or width of any road, the County maycause the same to be surveyed, and in its discretion make such alterations as the convenienceof the public may require, and may compensate any owner of land along said road who maybe entitled to compensation in consequence of said alterations.

§ 295-4. Directional signs.

A. Erection, maintenance and size. The County may, in its discretion, erect and maintainboards so painted with letters and figures as to indicate the direction of and distance tothe nearest city, town, village, post office or other places of importance in said County.Said boards shall be placed at the intersection of all County roads in said County, and ina conspicuous place, upon substantial posts. Said boards shall be not less than six inchesbroad and not less than two feet long. [1961 Code, § 403; 1970 Code, Sec. 18-4]

B. Repair, replacement or maintenance. After the erection of said boards, they shall berepaired, renewed and maintained by the County. [1961 Code, § 404; 1970 Code, Sec.18-5; 1988, ch. 227, § 2]

C. Damage or destruction of signs. Any person who shall maliciously deface, tear down ordestroy a sign or post maintained by the County shall be guilty of a misdemeanor, andupon indictment and conviction shall be fined a sum not exceeding $100, and in defaultof the payment of this fine and costs of prosecution shall be confined in the County jailfor a period not exceeding 10 days. [1961 Code, § 405; 1970 Code, Sec. 18-6; 1984,ch. 454, § 1]


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§ 295-5 ROADS § 295-6

ARTICLE IIRoad Standard Specifications


§ 295-5. Adoption of regulations by reference. [Amended 8-16-1976; 8-19-2008 by Ord.No. 2008-05]

A. Pursuant to the powers and authority vested in the Board of County Commissionersunder Article 25, § 2, of the Annotated Code of Maryland, the County has adoptedrevisions to the regulations known as the "Cecil County Road Code and StandardSpecifications" for roads in the County.

B. A copy of the regulations will be kept at all times in the office of the Director of PublicWorks, Cecil County Administrative Building, 200 Chesapeake Boulevard, Suite 2400,Elkton, Maryland 29121. Copies of such regulations can be purchased from theDepartment of Public Works as provided in the Development Services Division feeschedule.2

§ 295-6. Violations and penalties. [Added 4-5-2005 by Ord. No. 2005-03]

A. At any time that the Department of Public Works or any designated Code EnforcementOfficer of the County determines that a builder or developer has failed to executegrading, roadway, stormwater management, utility or building construction in accordancewith the approved street and storm drain plans, notice shall be sent to said builder ordeveloper advising said builder or developer of said noncompliance with the Code ofCecil County. Said notice shall be presumed received upon being mailed to the addressof said builder provided on the building permit, grading permit or approved constructionplans three days after mailing. Until said violation has been corrected to the Departmentof Public Works' satisfaction, the Department of Public Works and/or any appropriateCode Official of the County shall have the power to suspend review of any applicationsor plans submitted by said builder or developer, suspend any of the permits issued to saidbuilder or developer, withdraw any permits issued to said builder or developer and/ordeny further permits requested by said builder or developer.

B. For purposes of this section, "builder or developer" shall be defined to mean the party towhom the building permit or grading permit was issued (and its heirs, successors andassigns) or to whom approval was granted for the construction plans and shall alsoinclude any party actually performing the work of construction therein. The "builder ordeveloper" shall also include any officer of any corporation, any partner of anypartnership or any related corporation, partnership, limited-liability company orlimited-liability partnership owned in whole or in part by any aforementioned party.


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Chapter 301

SEPTAGE HAULING AND DISCHARGE § 301-1. Permits required. § 301-7. Determination of septage

charges.§ 301-2. Application; permitnontransferable; display; term; § 301-8. Payment of charges; delinquent

fee. accounts.

§ 301-3. Suspension of permit; appeals. § 301-9. Right of entry; violations and penalties; injunctive relief.§ 301-4. Discharge location; origin of

septage. § 301-10. Monitoring and recording ofseptage discharge data;§ 301-5. Removal and/or transportation

violations and penalties. equipment requirements. § 301-11. Discharge limitations.§ 301-6. Additional charges for

industrial waste. § 301-12. Septage limitations.

§ 301-13. Insurance required.


GENERAL REFERENCES

Commercial refuse haulers — See Ch. 285. Vehicles, traffic and transportation — See Ch. 359.Solid waste and recycling — See Ch. 318.

§ 301-1. Permits required. [Amended 7-22-2008 by Ord. No. 2008-041 ]

Only persons, firms, or corporations possessing a valid septage hauler permit issued by theCecil County Health Department and a valid septage discharge permit issued by theWastewater Division of the Cecil County Department of Public Works may discharge septageat facilities owned and operated by the Cecil County Department of Public Works. A separateseptage discharge permit is required for each truck.

§ 301-2. Application; permit nontransferable; display; term; fee. [Amended 7-22-2008by Ord. No. 2008-042 ]

Application for the septage discharge permit shall be made on a septage discharge permitapplication form furnished by the County. A separate application is required for each truck.Applications shall contain all pertinent data, including but not limited to estimated or actualseptage capacity of the truck. Upon review of the permit application, if an applicant's waste isdeemed suitable for treatment by the County, a septage discharge permit will be issued. The



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permit sticker must be securely fastened to the driver's side of the vehicle and shall be visibleto the scale house or gate attendant as the vehicle enters a County facility. The permit is nottransferable. The permit shall be valid for one year unless sooner revoked or suspended. Thelicense period shall be from July 1 to June 30. The permit fee shall be as provided for in theWastewater Division fee schedule. There shall be no reduction or prorated free for any licenseissued for a partial year.

§ 301-3. Suspension of permit; appeals. 3

The Chief of the Wastewater Division of the Cecil County Department of Public Works orhis/her designated agent may suspend a septage hauler's septage discharge permit whendeemed necessary to stop a discharge which presents a hazard to the public health, safety orwelfare or which presents a hazard to the wastewater treatment plant itself. The Chief of theWastewater Division may also suspend a septage hauler's septage discharge permit if theseptage hauler is found to be in violation of any of the provisions of these regulations. Anyhauler notified of such a suspension shall immediately stop the discharge of all septage intothe County's septage receiving facility or wastewater treatment plant, as applicable, until suchtime as the Chief of the Wastewater Division reinstates the permit based upon proof ofsatisfactory compliance with all discharge requirements. Septage haulers may appeal adecision of the Chief of the Wastewater Division to suspend that hauler's septage dischargepermit to the Cecil County Director/Deputy Director of Public Works.

§ 301-4. Discharge location; origin of septage. [Amended 7-22-2008 by Ord. No.2008-044 ]

Septage must be discharged at the septage receiving facility at the Cecil County CentralLandfill. In the event the septage receiving facility is, for whatever, reason, out of service,then septage haulers will be directed to discharge at the Northeast River AdvancedWastewater Treatment Plant at Seneca Point. Discharges at any other point within the County,including any sanitary sewer system manholes, are strictly prohibited. Only septageoriginating within Cecil County may be discharged at facilities owned and operated by theCounty. No out-of-County septage will be accepted.

§ 301-5. Removal and/or transportation equipment requirements.

Any tank truck or other equipment used within the County for the removal and/ortransportation of septage shall conform to the following requirements:

A. Equipment must be inspected yearly by the state and the County before the dischargepermit will be renewed.

B. The container shall be watertight.



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§ 301-5 SEPTAGE HAULING AND DISCHARGE § 301-6

C. Tanks, containers or other equipment shall be so constructed that every portion of theinterior and exterior can be easily cleaned and shall be kept in a clean and sanitarycondition.

D. Piping, valves and permanent or flexible connections shall be accessible and easilydisconnected for cleaning purposes.

E. The inlet openings to every container shall be constructed so the material will not spillout during filling, transfer or transport.

F. The outlet connections shall be so constructed that no material will leak and shall be of adesign and type suitable for the material handled and capable of controlling flow ordischarge without spillage, undue spray or flooding while in use.

G. No connection shall be made at any time between a tap or outlet furnishing potable waterand any septage container or equipment holding material by any means other than anopen connection. No septage shall be discharged by tank trucks into any sewer systemmanhole.

H. The County reserves the right to refuse permission to discharge septage into thetreatment plant and to compel discontinuance of septage discharges in order to preventdischarges deemed harmful to or having a deleterious effect upon the treatment plant orreceiving stream.

§ 301-6. Additional charges for industrial waste.

Determination of additional charges for extra-strength industrial waste is as follows:

A. There shall be additional charges beyond the basic user charge for industrial wasteshaving concentrations of BOD, suspended solids and/or phosphorus in excess of theaverage concentration of these pollutants in normal domestic waste. Normal domesticwaste shall be considered as having the following concentrations:

(1) Suspended solids: 300 milligrams per liter.

(2) BOD: 300 milligrams per liter.

(3) Phosphorus: 6.6 milligrams per liter.

B. In order to determine the additional charge for industrial wastes with strength greaterthan that of domestic waste, the following formula shall be used:

SQ = 0.00834 QI [(BOD I — 300) TA + (SSI — 300) TB + (PI — 6.6) TC]

Where:

SQ is the quarterly surcharge to be added to the basic charge.

0.00834 is a constant to convert waste concentration.

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QI is the quarterly industrial waste flow expressed in thousand gallons.

BOD I, SSI and PI are the respective concentration of BOD 5, suspended solids andphosphorus of the individual waste expressed in milligrams per liter.

300, 300 and 6.6 are constants which express the waste load concentrations inmilligrams per liter for normal domestic wastes.

TA, TB and TC are actual treatment costs incurred by the County in pounds ofBOD, suspended solids and phosphorous, respectively. These costs are determinedannually by the County based upon actual costs of operations and maintenance.

C. When a value of BOD, suspended solids and/or phosphorus is less than the maximumallowable concentration set forth in the industrial waste surcharge formula, then themaximum allowable concentration shall be used in the calculation of the industrial wastesurcharge.

D. For the purpose of determining surcharges as described, the County will performwastewater sampling as required and deemed necessary by the County, and all surchargeswill be based upon the results of the sampling.

§ 301-7. Determination of septage charges. [Amended 7-22-2008 by Ord. No. 2008-04]

A. Septage charges will be based on the weight of the septage that is disposed of at theseptage receiving facility. The scales at the entrance to the Cecil County Central Landfillwill be used to determine that weight. Loaded trucks will be weighed upon entry to thelandfill and again upon exit, with the difference in weight being the weight of the septagewhich was dumped. The charge will then be determined by multiplying the septagedumping fee by the weight of the load which was dumped.

B. In the event that the scales at the Cecil County Central Landfill are not available for anyreason, then septage charges will be based on the volume of septage which is dumped atthe septage receiving facility. The volume will be estimated using the sight glassmounted on each truck. In the event that the landfill scales are not available, the septagehauler will report the estimated volume to the landfill scale house operator upon entryand the scale house operator will verify the sight glass reading.

§ 301-8. Payment of charges; delinquent accounts. [Amended 7-22-2008 by Ord. No.2008-045 ]

The charge to treat and dispose of septage shall be as set forth in the fee schedule. If there isan emergency after hours and the County must respond, the cost will be based on the cost perhour as established in the fee schedule. Emergency call-out costs will be added to the monthlybill. Approved credit customers will be sent invoices monthly for waste disposed. Paymentshall be due by the last day of the current billing month. Those accounts not paid by the endof the month will be considered delinquent and subject to a late charge as set forth in the feeschedule or a one-percent interest charge per month on the balance of the account, whichever


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is greater. If the account is not fully paid, with interest, within 15 days of the closing date, theaccount will be closed and all disposal privileges will be revoked. No partial payments will beaccepted. There will be a charge to close out the account, and this charge will be added ontothe current bill. Before any further dumping will be allowed, the delinquent account must bepaid in full. The customer should allow the County four working days to reopen or set up acredit account on the computer.

§ 301-9. Right of entry; violations and penalties; injunctive relief.

Enforcement of regulations will be handled as follows:

A. Any duly authorized employee or agent of the County bearing proper credentials andidentification shall be permitted at any time to enter upon all properties belonging toowners of permitted trucks for the purpose of inspecting, observing, measuring, samplingand testing, as may be required in pursuance of the implementation and enforcement ofthe terms and provisions of this chapter.

B. It shall be a misdemeanor for any person to violate any provision of these regulations,and, upon conviction thereof, such person shall be punished by a fine of not more than$1,000 or imprisoned for not more than six months. Each day a violation existsconstitutes a separate offense.

C. The County reserves the right to seek injunctive relief from discharge to the sewersystem of substances which it deems harmful.

§ 301-10. Monitoring and recording of septage discharge data; violations and penalties.

The required monitoring and recording of pertinent data relating to septage discharge is asfollows:

A. All wastes must be accompanied by a completed waste manifest form. The form shallcontain information regarding the wastes from each waste generator. The hauler shallsign the form, indicating that he has accepted no wastes other than those listed. Themanifest must be reviewed by a representative of the Department of Public Works' SolidWaste Management Division prior to discharge. Failure to accurately record every load,falsification of data or failure to transmit the form to the scale house operator prior todischarge may result in revocation of this permit or a fine of up to $500 per offense.[Amended 7-22-2008 by Ord. No. 2008-04]

B. Any waste identified as a commercial or industrial waste, as defined in § 301-6,Additional charges for industrial waste, must be presampled prior to pickup by the wastehauler and the results of that sampling submitted to the Cecil County Department ofPublic Works' Wastewater Division. The permittee must receive approval from theWastewater Division prior to pickup and hauling of said commercial or industrialwastes.6


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C. The permittee shall retain records of all monitoring information, waste manifest forms,copies of all reports required by this permit and records of all data pertaining to hauledloads for a period of at least three years. This period may be extended by request of theCecil County Department of Public Works' Wastewater Division at any time.7

§ 301-11. Discharge limitations. [Amended 7-22-2008 by Ord. No. 2008-048 ]

Specific discharge limitations are as follows.

A. All hauled wastes must be discharged at the following designated area: Cecil CountyCentral Landfill, 758 East Old Philadelphia Road, Elkton, Maryland 21921. Dischargeinto any other County facility is prohibited. In all cases, discharge may only beperformed Monday through Saturday, 7:30 a.m. to 3:30 p.m.

B. Hauled wastes are subject to sampling by the Wastewater Division operations personnel.The hauler may also be required to suspend the discharging of wastes until the analysis iscomplete. The Solid Waste Management Division, Cecil County Department of PublicWorks, reserves the right to refuse permission to dump any load.

§ 301-12. Septage limitations.

Specific limitations applicable to septage are as follows:

A. No commercial or industrial waste that may cause pass-through of pollutants orinterference with the wastewater treatment plant operations or that violates federal, stateor local restrictions shall be discharged to the wastewater treatment plant.

B. Any waste transported from an industry subject to categorical pretreatment standardsmust meet the applicable federal categorical standards. Authorization by the Cecil CountyDepartment of Public Works' Wastewater Division prior to pumping must be obtained forthe hauling of categorical wastes.9

C. The permittee is prohibited from discharging wastes with the following characteristics:

(1) Having a pH lower than 6.0 or higher than 9.0.10

(2) Containing fats, wax, grease or oils of petroleum origin, whether emulsified or not,in excess of 100 milligrams per liter or containing substances which may solidifyor become viscous at temperatures between 32° F. and 140° F. (0° C. and 60° C.).

(3) Containing any gasoline, benzene, naphtha, fuel oil or other flammable orexplosive liquids, solids or gases.

(4) Having a temperature higher than 104° F. (40° C.).





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(5) Containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,feathers, tar, plastics, wood or manure or any other solids or viscous substancescapable of causing obstructions or other interferences with proper operation of thesewer system.

(6) Containing any pollutant, including oxygen-demanding pollutants (BOD, etc.), at aflow rate and/or concentration which will cause a pass-through of pollutants tooccur or an interference with the Northeast River Advanced Wastewater TreatmentFacility's operations or sludge use and/or disposal practices.11

(7) Material considered a hazardous waste under the Resource Conservation andRecovery Act (RCRA).

D. The permittee is prohibited from discharging wastes which exceed the followinglimitations:

Substance LimitArsenic —

Barium —

Cadmium 25 mg/l

Chromium —

Copper 1,000 mg/l

Cyanide —

Lead 1,000 mg/l

Mercury 10 mg/l

Nickel 200 mg/l

Silver —

Pesticides, PCBs Prohibited

Zinc —

Selenium —

Oil and grease —

pH

Minimum 6.0 s.u.

Maximum 9.0 s.u.

Total phosphorus 30 mg/l

Total Kjeldahl N —

Ammonium nitrogen —

Nitrate nitrogen —

Total potassium —

Total petroleum 75 mg/l


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Substance LimitHydrocarbons

§ 301-13. Insurance required. [Amended 7-22-2008 by Ord. No. 2008-04]

The permittee must carry liability insurance and provide satisfactory evidence of it to CecilCounty Department of Public Works' Solid Waste Management Division, in such amounts andform as determined by the Cecil County government. Such insurance shall affordcompensation for taking corrective action and for bodily injury and for property damage tothird persons caused by any releases. Coverage shall be in the amount of $1,000,000 peroccurrence and $2,000,000 annual aggregate amounts. The permittee may still obtainadditional insurance coverage as may be deemed necessary for his or her own protection.

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Chapter 312

SOIL EROSION AND SEDIMENT CONTROL

ARTICLE I ARTICLE IVDefinitions; Purpose Permit Conditions and Requirements

§ 312-1. Terms defined. § 312-10. Approval conditions.

§ 312-2. Purpose and authority. § 312-11. Suspension of permits.

§ 312-12. Permit cancellation. ARTICLE II § 312-13. Guaranty of completion.

Grading Permits§ 312-14. Time limitations.

§ 312-3. When required.ARTICLE V § 312-4. Exemptions.

Administration and Enforcement§ 312-5. Variances.

§ 312-6. Application procedure. § 312-15. Inspections.

§ 312-16. Complaints.ARTICLE III § 312-17. Violations and penalties;

Erosion and Sediment Control Plans enforcement.

§ 312-18. Enforcement procedures. § 312-7. Review and approval.§ 312-19. Fees.§ 312-8. Contents.

§ 312-9. Modifications.


GENERAL REFERENCES

Stormwater discharge — See Ch. 322. Stormwater management — See Ch. 325.

ARTICLE IDefinitions; Purpose



ADVERSE IMPACT — Any deleterious effect on waters or wetlands, including theirquality, quantity, surface area, species composition, aesthetics or usefulness for human ornatural uses. Such deleterious effect is or may potentially be harmful or injurious to humanhealth, welfare, safety or property, to biological productivity, diversity or stability orunreasonably interferes with the enjoyment of life or property, including outdoor recreation.

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AGRICULTURAL LAND MANAGEMENT PRACTICES — Those methods and proceduresused in the cultivation of land in order to further crop and livestock production andconservation of related soil and water resources. Logging and timber removal operations maynot be considered a part of this definition.

APPLICANT — Any person who executes the necessary forms to procure official approvalof a project or a permit to carry out construction of a project.

CLEAR — The cutting of trees and understory (brush) without the removal of stumps or thegrading of soil.

DEVELOPER — A person undertaking or for whose benefit any or all the activities coveredby this chapter are commenced or carried on. General contractors or subcontractors, or both,without a proprietary interest in a project are not included within this definition.

DISTURB — The grading, moving, or digging of soils, the removal of grass and otherground covers, placement of fill or surface material (such as stone, concrete, asphalt), or theremoval of stumps.

DPW — The Cecil County Department of Public Works.

DRAINAGE AREA — That area contributing runoff to a single point measured in ahorizontal plane, which is enclosed by a ridgeline.

EARTH — Clay, sand, silt, loam, gravels, topsoils and combinations thereof.

EROSION — The process by which the land surface is worn away by the action of wind,water, ice or gravity.

EROSION AND SEDIMENT CONTROL — A system of structural and vegetative measuresthat minimizes soil erosion and off-site sedimentation.

EROSION AND SEDIMENT CONTROL PLAN — An erosion and sediment controlstrategy or plan, to minimize erosion and prevent off-site sedimentation by containingsediment on-site or by passing sediment-laden runoff through a sediment control measure,prepared and approved in accordance with the specific requirements of the Cecil County SoilConservation District and this chapter and designed in accordance with the Standards andSpecifications.

EXEMPTION — Those land development activities that are not subject to the erosion andsediment control requirements contained in this chapter.

GRADE — To cause disturbance of the earth. This shall include but not be limited to anyexcavation, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance orany combination of them.

INSPECTION AGENCY — The Maryland Department of the Environment or, if delegationof enforcement authority is granted, then the appropriate local inspection agency.

PERMITTEE — Any person(s) listed as the owner or builder on a building permit or gradingpermit.

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§ 312-1 SOIL EROSION AND SEDIMENT CONTROL § 312-2

PERSON — Includes the federal government, the state, any county, municipal corporation orother political subdivision of the state or any of their units or an individual, receiver, trustee,guardian, executor, administrator, fiduciary or representative of any kind or any partnership,firm, association, public or private corporation or any of their affiliates, or any other entity.

RESPONSIBLE PERSONNEL — Any foreman, superintendent or project engineer who is incharge of on-site clearing and grading operations or sediment control associated with earthchanges or disturbances.

SEDIMENT — Soils or other surficial materials transported or deposited by the action ofwind, water, ice, gravity or artificial means.

SITE — Any tract, lot or parcel of land or combination of tracts, lots or parcels land whichare in one ownership or are contiguous and in diverse ownership where development is to beperformed as part of a unit, subdivision or project.

STABILIZATION — The minimization of soil movement by any of various vegetativeand/or structural means.

STANDARDS AND SPECIFICATIONS — The 1994 Maryland Standards andSpecifications for Soil Erosion and Sediment Control or any subsequent revisions.

VARIANCE — Modification of the criteria set forth in the Standards and Specifications.

WATERCOURSE — A permanent stream, intermittent stream, river, brook, creek, channel,ditch, river, lake, or bay.

WATERSHED — The total drainage area contributing runoff to a single point.

WETLANDS — Those areas that are inundated or saturated by surface water or groundwaterat a frequency and duration sufficient to support, and that under normal circumstances dosupport, a prevalence of vegetation typically adapted for life in saturated soil conditions.Wetlands generally include swamps, marshes, bogs, and similar areas.

§ 312-2. Purpose and authority.

A. The purpose of this chapter is to safeguard the natural resources of the County byestablishing minimum requirements for grading, earthmoving and creation of impervioussurfaces; for control of soil erosion and sedimentation; and to establish procedures bywhich these requirements are to be administered and enforced.

B. The provisions of this chapter, pursuant to COMAR Title 26, Subtitle 17, Department ofthe Environment, Environment Article, § 4-101, Annotated Code of Maryland, asamended, shall apply to all grading occurring within Cecil County.1


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ARTICLE IIGrading Permits

§ 312-3. When required.

A. A grading permit, issued by the Cecil County Department of Public Works (hereinaftercalled "DPW") shall be required prior to the start of any development or activity wheresuch proposed development or activity may, in the judgment of DPW:

(1) Introduce sediment into any watercourse of the County or state; or

(2) Move more than 100 cubic yards of earth or disturb more than 5,000 square feet ofearth; or

(3) Create undue erosion and sediment damage to lands adjacent to or in the vicinityof the subject site or the stream itself; or

(4) Involve grading or disturbance in the critical area.

B. Where proposed development or activity requires a building permit, no such permit shallbe granted unless a valid grading permit exists for the subject development or activity.


A. No grading permit shall be required for the following:

(1) Agricultural land management practices approved by and installed undersupervision of the Cecil County Soil Conservation District. This exemption,however, shall not apply to agricultural land management practices and agricultureactivities that do not conform to the applicable provisions of the Cecil CountyCritical Area Program.

(2) Construction or maintenance of County roads for which an erosion and sedimentcontrol plan has been approved by the Cecil County Soil Conservation District.

(3) Quarry operations and the mining or stockpiling of sand, stone and gravel atquarries, concrete, asphalt and material processing plants or storage yards and allother operations for which a surface mining permit has been issued by the State ofMaryland, Department of the Environment, provided that sediment and erosioncontrol measures are employed to prevent off-site damage in accordance with aplan approved by the Cecil County Soil Conservation District.2

B. No exemption shall be granted for the requirement of a grading permit for any grading,stripping, excavations or filling of land in the buffer portion of the Cecil County CriticalArea District. However, upon evaluation of the site, the Resource Inspector may grant theexception for those portions of the site located outside the designated buffer if theInspector determines that the development activity is classified as insignificant in impact


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to water quality and plant, fish and wildlife habitats as set forth in the County's CriticalArea Program.

§ 312-5. Variances.

The Erosion and Sediment Control Committee, comprised of a member of the Cecil CountyDepartment of Public Works, Department of Planning and Zoning and the Cecil County SoilConservation District, may grant a written variance from the requirements in this chapter ifstrict adherence to the requirements will result in substantial unnecessary hardship and notfulfill the intent of this chapter. The Committee shall determine that the hardship substantiallyoutweighs the potential environmental damage. The developer shall submit a written requestfor a variance to the Committee. The request shall state the specific variances sought andreasons for requesting the variance. The Committee shall not grant a variance unless and untilsufficient specific reasons justifying the variance are provided by the developer.

§ 312-6. Application procedure.

A. The applicant for a grading permit shall complete an application form, which forms areavailable in the Department of Public Works’ Development Services Division office. Theapplicant shall submit with the application documented evidence that an erosion andsedimentation control plan (and, when required, a stormwater management plan) for theproposed development or activity has been prepared by a land surveyor, engineer,architect or landscape architect licensed by the State of Maryland and has been approvedby the Cecil County Soil Conservation District.3

B. Such plan(s) shall be considered a part of the grading permit, and any violation of theprovisions of said plan(s) shall constitute a violation of this chapter.

C. For minor earth disturbance of no more than 20,000 square feet and 500 cubic yards ofearth, the signature of the applicant on a standard sediment and erosion control plan(authorized by the Natural Resources Conservation Service) for minor earth disturbancesmay serve in lieu of such documentation.

ARTICLE IIIErosion and Sediment Control Plans

§ 312-7. Review and approval.

A. A person may not clear or grade land, in accordance with § 312-3, without first obtainingan erosion and sediment control plan approved by the Cecil County Soil ConservationDistrict, or standard plan from the Cecil County Department of Public Works.

B. The applicant shall submit an erosion and sediment control plan and any supportingcomputations to the Cecil County Soil Conservation District for review and approval.The erosion and sediment control plan shall contain sufficient information, drawings and


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notes to describe how soil erosion and off-site sedimentation will be minimized. TheCecil County Soil Conservation District shall review the plan to determine compliancewith this chapter and the Standards and Specifications prior to approval. The plan shallserve as a basis for all subsequent grading and stabilization.

C. In approving the plan, the Cecil County Soil Conservation District may impose suchconditions thereto as may be deemed necessary to ensure compliance with the provisionsof this chapter, the State Sediment Control Regulations (COMAR 26.17.01 et seq.), theStandards and Specifications or the preservation of public health and safety.4

D. The Cecil County Soil Conservation District shall notify the applicant of approval orreasons for the disapproval or modification within 30 days after submission of thecompleted erosion and sediment control plan. If a decision is not made within 30 days,the Cecil County Soil Conservation District shall inform the applicant of the status of thereview process and the anticipated completion date. The erosion and sediment controlplan shall not be considered approved without the inclusion of the signature and date ofsignature of the Cecil County Soil Conservation District on the plan.

E. Approved plans may remain valid for two years from the date of approval unlessrenewed by the Cecil County Soil Conservation District.

§ 312-8. Contents.

A. The applicant is responsible for submitting an erosion and sediment control plan whichmeets the requirements of the Cecil County Soil Conservation District, this chapter, theState Sediment Control Regulations (COMAR 26.17.01 et seq.), and the Standards andSpecifications. The plan shall include sufficient information to evaluate theenvironmental characteristics of the affected areas, the potential impacts of the proposedgrading on water resources and the effectiveness and acceptability of measures proposedto minimize soil erosion and off-site sedimentation. The applicant shall certify on thedrawings that all clearing, grading, drainage, construction and development shall beconducted in strict accordance with the plan.5

B. Applicants shall submit the following information:

(1) A letter of transmittal.

(2) A vicinity sketch indicating North arrow, scale and other information necessary toeasily locate the property.

(3) A plan, at an appropriate scale, indicating at least:

(a) The name, address and telephone number of:

[1] The owner of the property where the grading is proposed.

[2] The developer.



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[3] The applicant.

(b) The existing and proposed topography.

(c) The proposed grading and earth disturbance, including:

[1] The surface area involved.

[2] The volume of spoil material.

[3] The volume of borrow material.

[4] The limits of grading, including limitation of mass clearing and gradingwhenever possible.

(d) Storm drainage provisions, including:

[1] Velocities and quantities of Q10 flow at outfalls.

[2] Site conditions around points of all surface water discharge from thesite.

(e) Erosion and sediment control provisions to minimize on-site erosion andprevent off-site sedimentation, including:

[1] Provisions to preserve topsoil and limit disturbance.

[2] Details of grading practices.

[3] Design details for structural controls.

[4] Details of temporary and permanent stabilization measures, includingplacement of the following statement on the plan.

[a] Following initial soil disturbance, permanent or temporarystabilization shall be completed within:

[i] Seven calendar days as to the surface of all perimeter dikes,swales, ditches, perimeter slopes and all slopes greater thanthree horizontal to one vertical.

[ii] Fourteen days as to all other disturbed or graded areas on theproject site.

[b] The requirements of Subsection B(3)(e)[4][a][i] and [ii] do notapply to those areas which are shown on the plan and are currentlybeing used for material storage or for those areas on which actualconstruction activities are currently being performed or to interiorareas of a surface mine site where the stabilization material wouldcontaminate the recoverable resource. Maintenance shall beperformed as necessary to ensure that the stabilized areascontinuously meet the appropriate requirements of the current

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Maryland Standards and Specifications for Soil Erosion andSediment Control.6

(f) The sequence of construction describing the relationship between theimplementation and maintenance of controls, including permanent andtemporary stabilization and the various stages or phases of earth disturbanceand construction. The sequence of construction shall, as a minimum, includea schedule and time frame for the following activities:

[1] Clearing and grubbing for those areas necessary for installation ofperimeter controls.

[2] Construction of perimeter controls.

[3] Remaining clearing and grubbing.

[4] Road grading.

[5] Grading for the remainder of the site.

[6] Utility installation and whether storm drains will be used or blockedafter construction.

[7] Final grading, landscaping or stabilization.

[8] Removal of controls.

(g) A statement placed on the plan indicating that the developer shall request thatthe inspection agency approve work completed in accordance with theapproved erosion and sediment control plan, the grading or building permitand this chapter.

[1] On all sites with disturbed areas in excess of two acres, approval of theinspection agency shall be requested upon completion of installation ofperimeter erosion and sediment controls, but before proceeding with anyother earth disturbance or grading. Other building or grading inspectionapprovals may not be authorized until this initial approval by theinspection agency is made.

[2] Approval shall be requested upon final stabilization of all sites withdisturbed areas in excess of two acres before removal of controls.

(h) Certification by the owner or developer that any clearing, grading,construction or development, or all of these, will be done pursuant to thisplan and that responsible personnel involved in the construction project willhave a certification of training at a Maryland Department of the Environmentapproved training program for the control of sediment and erosion beforebeginning the project.


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(i) A statement placed on the plan indicating that the permittee shall notify theinspection agency 48 hours before commencing any land-disturbing activity.

(j) Any additional information or data deemed appropriate by the Cecil CountySoil Conservation District.

§ 312-9. Modifications.

The Cecil County Soil Conservation District may revise approved plans as necessary.Modifications may be requested by a permittee, the inspection agency and the Cecil CountyDepartment of Public Works.

ARTICLE IVPermit Conditions and Requirements

§ 312-10. Approval conditions.

A. The Department of Public Works may impose such conditions on the grading permit asmay be reasonable to prevent creation of a nuisance or dangerous conditions and to denythe grading permit where the proposed work would cause hazards adverse to the publicsafety and welfare. Issuance of the grading permit does not eliminate the requirement forcompliance with any other applicable County, state or federal law or regulation.

B. Existing activities and structures. Whenever and wherever the Department of PublicWorks finds that any existing grading, drainage or ground condition (irrespective ofwhen or by whom brought about, or of its resulting from work accomplished under aprior permit) is defective or deficient under the requirements of this chapter andconstitutes or creates a nuisance or endangers or adversely affects the safety, use orstability of any public or private property on site or elsewhere, then, and in such event,the owner or lessee, or both, of the property upon which such condition is located, uponreceipt of notice, in writing, from the Department of Public Works, shall, within theperiod specified therein, secure the required plan approved by the Cecil County SoilConservation District and permit, perform or cause to be performed the required remedialwork, repairs or maintenance so as to correct and remedy the defect or condition and tobe in conformance with the requirement of this chapter. The Department of Public Worksmay require that all work stop except that necessary for correction of the violation. In theevent that no person is present at the site, the Department of Public Works may issue astop-work order on-site directing the property owner to contact the Department of PublicWorks before resuming work.

§ 312-11. Suspension of permits.

A. In the event that work performed does not conform to the provisions of the gradingpermit or to the approved plans and specifications or to any written instructions of theMaryland Department of the Environment (MDE) or Cecil County Department of PublicWorks, a written notice to comply shall be given to the permittee, with copies to theCecil County Soil Conservation District. Such notice shall set forth the nature of the

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corrections required and the time within which corrections shall be made, not to exceed14 days after receipt of notification; however, corrective action must be initiated withinthree business days after receipt of notification, unless otherwise extended by action ofthe Maryland Department of the Environment or Cecil County Department of PublicWorks. Failure to comply with such written notice shall be deemed justification forsuspension of the permit and shall require that all work stop, except that necessary forcorrection of the violation. Upon correction of the violation, the permittee may apply fora release of the suspension of the permit. Reinstatement of the permit will requirepayment of a reinstatement fee and all other outstanding fees.

B. The Maryland Department of the Environment or the Department of Public Works maypost a site with an order directing the permittee to cease all land-disturbing activity beingperformed under the sediment and erosion control plan approved by the SoilConservation District when such activity does not conform to the specifications,including modifications thereof, of an approved plan or other conditions of the permitissued hereunder, provided that:

(1) Written notice to comply shall have been furnished to the permittee.

(2) Said notice includes the nature of the corrective measures required and time withinwhich corrections shall be made.

C. The Maryland Department of the Environment or the Department of Public Works mayalso post any site with an order directing the owner or contractor to cease allland-disturbing action which requires an approved sediment and erosion control plan butfor which a plan has not been obtained.

§ 312-12. Permit cancellation.

After suspension of a grading permit, if corrections required are not completed within the timeperiod specified in § 312-11A above, the permit shall be canceled. In the event ofcancellation, any bonds or cash deposits posted with the County shall be used for work on thesite to prevent erosion and to otherwise protect the site as approved by the Cecil County SoilConservation District.

§ 312-13. Guaranty of completion.

A. The permittee shall be required, prior to the issuance of a grading permit, to post with theCounty a cash deposit performance bond from an approved corporate surety or othercollateral acceptable to the County in an amount equal to 100% of the total cost ofstormwater management and sediment and erosion control to guarantee that in the eventthat provisions of the permit are not completed satisfactorily or that the permit iscanceled, the site can be restored to a condition meeting the minimum requirements ofthe standards for erosion control, such work and conditions to be approved satisfactoryby the Cecil County Department of Public Works.

B. The requirements in Subsection A above may be waived by the Department of PublicWorks under the following circumstances:

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(1) Where duplication of bonding requirements would exist.

(2) For all state- or County-funded projects.

(3) For projects where the total estimated project cost is less than $1,000.

(4) For projects where the work is performed under the standard sediment and erosioncontrol plan for minor earth disturbance.

§ 312-14. Time limitations.

A grading permit shall be valid for a period of one year from the date of issuance. Uponrequest and adequate justification of a permittee, the Department of Public Works may grant asix-month extension of validity.

ARTICLE VAdministration and Enforcement


A. The Maryland Department of the Environment shall be responsible for detectingviolations of an approved designed site-specific sediment and erosion control plan,requiring compliance with provisions of approved grading permits and initiatingappropriate action against offenders. The Maryland Department of the Environment shallmake a final on-site inspection when the work covered by an application is reportedcompleted and shall forward its report to the Cecil County Soil Conservation District.

(1) The Maryland Department of the Environment shall make inspections at thefollowing stages of work or as otherwise deemed appropriate:

(a) Prior to initiating any grading operations to inspect the natural site and toapprove a written description of the sequence of construction. The permitteeshall notify the Maryland Department of the Environment 48 hours beforecommencing any land-disturbing activity.

(b) Upon completion of preparation of ground to receive fill, but prior tobeginning any placement.

(c) Upon completion of final grading, installation of the permanent stormwatermanagement facilities and erosion-control facilities, but prior to any seeding,sodding or planting.

(d) Upon completion of installation of all vegetative measures and all work inaccordance with the grading permit.

(2) The Maryland Department of the Environment shall make any additionalinspections deemed necessary and may waive any of the inspections listed aboveexcept the final on-site inspection.

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B. The Cecil County Department of Public Works shall be responsible for inspection of allsites where the construction activity is authorized by the standard sediment and erosioncontrol plan for minor earth disturbance.

(1) The Department of Public Works shall inspect the site at the following stages:

(a) Periodically during construction to ensure that the standard erosion controlplan is being followed.

(b) Upon completion of the site, before the certificate of occupancy is issued.

(c) In response to a complaint of a violation of this chapter for a site covered bythe Cecil County Department of Public Works' inspection authority.

(2) The Cecil County Department of Public Works shall make any additionalinspections deemed necessary and may waive any of the inspections listed aboveexcept for the final on-site inspection.

C. A certificate of occupancy for single-lot sites shall not be issued until the Department ofPublic Works signs the certificate indicating that a final inspection has been approved.

D. In the event that final inspection is performed during the time when seeding is notrecommended, other means of approved stabilization may be allowed. The Cecil CountyDepartment of Public Works reserves the right to accept a letter of intent for finalstabilization by no later than a specified date. The minimum requirements prior toacceptance of a letter of intent will be that site grading (in accordance with anystormwater management requirements, as applicable), topsoil, temporary mulch, and siltfence be in place to the satisfaction of the Department of Public Works. Acceptance of aletter of intent is at the sole discretion of the Department of Public Works. Failure tocomply with the requirements of the letter of intent shall result in a finding ofnoncompliance against the signatories of the letter of intent.

E. The Department of Public Works' inspector shall maintain written reports after eachinspection. The inspection report shall describe:

(1) The date and location of the site inspection.

(2) Whether or not the plan has been implemented properly.

(3) Any practice deficiencies or erosion and sediment control plan deficiencies.

(4) If a violation exists, the type of enforcement action taken.

F. The Department of Public Works' inspector shall notify the on-site personnel or theowner/developer, in writing, when violations are observed, describing:

(1) The nature of the violation.

(2) The required corrective action.

(3) The time period in which to have the violation corrected.

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§ 312-16. Complaints.

The Department of Public Works shall receive all formal complaints in writing and initiateenforcement proceedings when violations are confirmed. Any complaint received shall beacted upon routinely within three working days, and the complainant shall be notified of anyaction or proposed action routinely within seven working days of receipt of the complaint.

§ 312-17. Violations and penalties; enforcement. [Amended 4-5-2005 by Ord. No.2005-04]

A. Any violation of this chapter shall be deemed a misdemeanor, and the person, partnershipor corporation who or which is found guilty of such violation shall be subject to a finenot exceeding $5,000 or one year of imprisonment for each and every violation.

B. Any agency whose approval is required under this chapter or any adjacent propertyowner may seek an injunction against any person, partnership or corporation, whetherpublic or private, violating or threatening violation of any provisions of this chapter.Notice of violation of the provision of this chapter shall be filed with the MarylandDepartment of the Environment, as well as with appropriate County agencies, includingthe Cecil County Soil Conservation District.

C. It shall be a condition of every grading or building permit that the inspection agency hasthe right to enter property periodically to inspect for compliance with this chapter.

D. At any time that the Department of Public Works or any designated Code EnforcementOfficer of the County determines that a builder or developer has failed to executegrading, roadway, stormwater management, utility or building construction in accordancewith the approved sediment and erosion control plans, notice shall be sent to said builderor developer advising said builder or developer of said noncompliance with the Code ofCecil County. Said notice shall be presumed received upon being mailed to the addressof said builder provided on the building permit, grading permit or approved constructionplans three days after mailing. Until said violation has been corrected to the Departmentof Public Works' satisfaction, the Department of Public Works and/or any appropriateCode Official of the County shall have the power to suspend review of any applicationsor plans submitted by said builder or developer, suspend any of the permits issued to saidbuilder or developer, withdraw any permits issued to said builder or developer and/ordeny further permits requested by said builder or developer.

E. For purposes of this section, "builder or developer" shall be defined to mean the party towhom the building permit or grading permit was issued (and its heirs, successors andassigns) or to whom approval was granted for the construction plans and shall alsoinclude any party actually performing the work of construction therein. The "builder ordeveloper" shall also include any officer of any corporation, any partner of anypartnership or any related corporation, partnership, limited-liability company orlimited-liability partnership owned in whole or in part by any aforementioned party.

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§ 312-18. Enforcement procedures.

A. When the inspection agency or an inspector determines that a violation of the approvederosion and sediment control plan has occurred, the inspector shall notify the on-sitepersonnel or the permittee, in writing, of the violation and describe the requiredcorrective action and the time period in which to have the violation corrected.

B. If the violation persists after the date specified for corrective action in the notice ofviolation, the inspection agency shall stop work on the site. The inspection agency shalldetermine the extent to which work is stopped, which may include all work on the siteexcept that work necessary to correct the violation.

C. If reasonable efforts to correct the violation are not undertaken by the permittee, theinspection agency may deliver a citation to the permittee. A copy of the citation shall beretained by the inspector and shall bear certification attesting to the truth of the mattersset forth. The citation shall contain:

(1) The name and address of the person charged.

(2) The nature of the violation.

(3) The place and time where the violation occurred.

(4) The actions being taken by the Department of Public Works (i.e., suspension ofpermit, cancellation of permit, referral for legal action, etc.).

D. The Department of Public Works may deny the issuance of any permits to an applicantwhen it determines that the applicant is not in compliance with the provisions of anybuilding or grading permit or an approved erosion and sediment control plan.Furthermore, the Department of Public Works may also withhold inspections for thosesites not in compliance with an approved erosion and sediment control plan.

E. Any step in the enforcement process may be taken at any time depending upon theseverity of the violation.

F. If a person is working without a permit, the inspection agency shall stop work on the siteexcept activities necessary to provide erosion and sediment control, until such time as agrading permit is obtained and the site is brought into compliance.

§ 312-19. Fees.

Fees shall be applied to the granting of grading permits, renewal of suspended or cancelledpermits, and for the inspection of properties for compliance with the provision of this chapter.Follow-up inspections resulting from the inaction of a permittee on a previous inspection maybe subject to fees. Fees for the above-described actions shall be established from time to timeby resolution of the Cecil County Council.

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Chapter 318

SOLID WASTE AND RECYCLING § 318-1. Purpose. § 318-9. Disposal facility operation and

safety rules. § 318-2. Definitions. § 318-10. Useful materials. § 318-3. County disposal facilities.§ 318-11. Loitering, campaigning or§ 318-4. Days and hours of operation of soliciting prohibited. disposal facilities. § 318-12. Tipping fee waivers.§ 318-5. Billing and payment of fees. § 318-13. Scavenging and salvaging§ 318-6. General waste acceptance prohibited. policies. § 318-14. Audio and video surveillance. § 318-7. Recycling.§ 318-15. Violations and penalties. § 318-8. Environmental programs. § 318-16. Appeals.


GENERAL REFERENCES

Commercial refuse haulers — See Ch. 285. Junked or abandoned vehicles — See Ch. 353.Septage hauling and discharge — See Ch. 301.

§ 318-1. Purpose.

The purpose of this chapter is to protect the health and safety of users of Cecil County's solidwaste disposal facilities and the residents of Cecil County and to provide for theenvironmentally and economically sound management of the County's solid waste.


The following words and phrases, as used in this chapter, shall have the meanings ascribed tothem herein, unless the context clearly indicates a different meaning:

ASBESTOS WASTE (FRIABLE) — A portion of solid waste consisting of asbestosextracted from asbestos ore and containing more than 1% asbestos by weight that handpressure can crumble, pulverize or reduce to powder when dried. Friable asbestos waste is aspecial handling waste.

ASBESTOS WASTE (NONFRIABLE) — A portion of solid waste consisting of materialthat contains asbestos extracted from asbestos ore that cannot with hand pressure be crumbled,pulverized or reduced to powder when dried. Nonfriable asbestos waste includes transiteboard, siding, asbestos shingles, and floor tiles. Nonfriable asbestos waste is aconstruction/demolition waste.

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COMMERCIAL REFUSE HAULER — Any person, firm, partnership, or corporation who orwhich is engaged in the collection, transportation, storage, or disposal of municipal solidwaste and/or source-separated recyclable materials in Cecil County.

CONSTRUCTION/DEMOLITION WASTE — A portion of solid waste resulting from theconstruction or demolition of buildings and other structures. It includes but is not limited tosuch things as wood, plaster, drywall, wall board, metals, asphalt, bricks, block, concrete, andnonfriable asbestos waste.

CONTAMINATED SOIL — A portion of solid waste consisting of contaminated earth orfill, typically generated due to a spill or leak. Contaminated soil is a special handling waste.

COUNTY — Cecil County, Maryland.1

DISPOSAL — The deposition, injection, dumping, or placing of solid waste at a facilitydesigned to accept the waste in an environmentally sound manner.

GENERATOR — A person who produces or creates any solid waste.

GROSS VEHICLE WEIGHT (GVW) — The combined weight of a vehicle or combinationof vehicles, including a towing vehicle, semitrailer and the vehicle load, excluding the driver'sweight.

LICENSED COMMERCIAL REFUSE HAULER — A commercial refuse hauler possessinga valid Cecil County commercial refuse hauler's license and all other pertinent permits andlicenses which may be required by the State of Maryland for the collection, transportation,storage, or disposal of municipal solid waste or source-separated recyclable materials.

MDE — The Maryland Department of the Environment.

MIXED LOAD — A load of waste which, at the time of discharge into a solid wastedisposal facility, contains waste from more than one category as described in this chapter.

MUNICIPAL SOLID WASTE — Any garbage, construction/demolition waste, refuse,industrial, lunchroom or office waste, and other nonhazardous material resulting from theoperation of residential, municipal, commercial or institutional establishments and fromcommunity activities. The term does not include any source-separated recyclable materials orunacceptable waste.

PERSON — Any individual, firm, partnership, corporation, association, institution,cooperative enterprise, municipality, municipal authority, governmental entity or agency, orany other legal entity whatsoever who or which is recognized by law as the subject of rightsand duties. In any provisions of these rules and regulations prescribing a fine, penalty or otherenforcement action, or a combination thereof, the term "person" shall include the officers anddirectors of any corporation or other legal entity having officers and directors.

PUTRESCIBLE WASTE — A portion of municipal solid waste consisting of organic wastematerials which, due to biological decomposition, are, or have a tendency to be, rotten, foul,or odorous, including dead animals and food waste, but not including sewage sludge.


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§ 318-2 SOLID WASTE AND RECYCLING § 318-2

RECYCLING — The collection, separation, recovery and marketing or reuse ofsource-separated recyclable materials which would otherwise be disposed of or processed asmunicipal solid waste.

RESIDUAL WASTE — Any garbage, refuse, other discarded material or other waste,including solid, liquid, semisolid, or contained gaseous materials resulting from industrial,mining, or agricultural operations and any sludge from an industrial, mining or agriculturalwater supply treatment facility, wastewater treatment facility, or air pollution control facility,provided that it is not hazardous.

SALVAGING — The controlled removal of material from a solid waste disposal facility forthe purpose of reusing or recycling the material.

SCAVENGING — The uncontrolled removal of material from a solid waste storage,collection, transportation, processing, or disposal site or facility.

SEWAGE SLUDGE — Liquid or solid sludges and other residues from a sanitary sewagecollection and treatment system. The term includes materials derived from sewage sludge butdoes not include ash generated from the incineration of sewage sludge, grit and screeningsgenerated during preliminary treatment of sewage at a sanitary sewage collection andtreatment system, or grit, screenings, and nonorganic objects from septic and holding tankpumpings. Sewage sludge is a special handling waste.

SOLID WASTE — Any waste, including but not limited to municipal solid waste, residual,or hazardous wastes.

SOLID WASTE DISPOSAL FACILITIES — The solid waste disposal facilities operated bythe Cecil County Department of Public Works (CCDPW), namely: the Cecil County CentralLandfill, Stemmer's Run Transfer Station and Woodlawn Transfer Station.2

SOURCE-SEPARATED RECYCLABLE MATERIALS — Materials that are separated frommunicipal solid waste at the point of origin or generation for the purpose of recycling.

SPECIAL HANDLING WASTE — Solid waste that requires the application of specialstorage, collection, transportation, processing or disposal techniques due to the quantity ofmaterial generated and/or its unique physical, chemical, or biological characteristics.

SWMD — The Solid Waste Management Division of the Cecil County Department of PublicWorks.

TIPPING FEE or TIP FEE — The rate charged for disposal of solid waste or processing ofrecyclable materials.

TRANSPORTATION — The off-site removal of any municipal solid waste orsource-separated recyclable materials at any time after generation.


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UNACCEPTABLE WASTE — The following types of solid waste are unacceptable wasteunless approved otherwise by the Cecil County Department of Public Works:

A. Chemotherapeutic waste.

B. Drums, barrels, or buckets unless the lids have been removed and the interiors arecleaned and free of residue.

C. Ammunition or explosives.

D. Gas cylinders, unless delivered separate from other solid waste.

E. Hazardous waste.

F. Infectious/Pathological waste.

G. Liquid waste.

H. Radioactive materials.

WASTE — Any waste, including but not limited to municipal, residual, or hazardous wastes,including solid, liquid, semisolid, or contained gaseous materials.

YARD WASTE — Vegetative matter such as, but not limited to, leaves, grass, brush, treetrimmings, and limbs not exceeding three inches in diameter and six feet in length; Christmastrees; and certain garden and orchard material. Excluded are stumps, logs, branches, limbsover three inches in diameter, and roots from soil grubbing.

§ 318-3. County disposal facilities. 3

The Solid Waste Management Division of the Cecil County Department of Public Worksoperates three solid waste disposal facilities: one central landfill and two transfer stations.

Cecil County Central Landfill758 East Old Philadelphia Road (Route 7)Elkton, MD 21921(410) 996-6275

Woodlawn Transfer Station565 Waibel RoadPort Deposit, MD 21904(410) 658-6646

Stemmer's Run Transfer Station45 Stemmer's Run RoadEarleville, MD 21919(410) 275-2794


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§ 318-4. Days and hours of operation of disposal facilities.

A. The Cecil County Central Landfill will be open for the delivery of waste between thehours of 7:30 a.m. and 3:30 p.m., Monday through Saturday.

B. The Woodlawn Transfer Station will be open for the delivery of waste between the hoursof 8:00 a.m. and 4:00 p.m., Tuesday through Saturday.

C. The Stemmer's Run Transfer Station will be open for the delivery of waste between thehours of 8:00 a.m. and 4:00 p.m., Tuesday, Friday, and Saturday.

D. Solid waste disposal facilities will be closed on the following official County holidays:

(1) New Year's Day.

(2) Dr. Martin Luther King, Jr.'s Birthday.

(3) Presidents Day.

(4) Memorial Day.

(5) Independence Day.

(6) Labor Day.

(7) Columbus Day.

(8) Veterans Day.

(9) Thanksgiving Day.

(10) Christmas Day.

E. Days and hours of operation may be altered from time to time, without notice, as deemednecessary or appropriate by the Cecil County Department of Public Works.4

§ 318-5. Billing and payment of fees.

A. Pursuant to Article 25, § 14A, of the Annotated Code of Maryland, the Cecil CountyDepartment of Public Works operates solid waste disposal facilities within Cecil Countyfor use by residents, and the County establishes the fees for waste accepted at the Countysolid waste disposal facilities as well as other related services.5

B. The Solid Waste Management Division of the Cecil County Department of Public Worksis operated as an enterprise fund, which means that operation of the County's solid wastedisposal facilities and associated programs is intended to be funded solely through thecollection of user fees.



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C. The County shall establish the SWMD fee schedule annually and may make periodicadjustments more frequently as it deems necessary.

D. The SWMD fee schedule will be posted at each SWMD facility.

E. All persons using SWMD facilities shall pay the applicable fees at the time of, or priorto, use of the SWMD facilities, unless the person has established a credit account withthe Cecil County Director of Finance.

F. Approved credit customers will be sent monthly invoices for disposed waste. Paymentshall be due by the last day of the current billing month. Those accounts not paid by theend of the month will be considered delinquent and are subject to a late charge asprovided in the SWMD fee schedule or an interest charge of 1% per month on thebalance of the account, whichever is greater. If the account is not fully paid, withinterest, within 15 days of the closing date, the account will be closed and all disposalprivileges will be revoked. No partial payments will be accepted. There will be a chargeas per the SWMD fee schedule to close out the account and this charge will be added tothe delinquent balance. The delinquent account must be paid in full to reestablishdisposal privileges. The customer should allow the County four working days to reopenor set up a credit account on the computer. The customer must pay cash in the interim. Acharge as per the SWMD fee schedule will be applied on all checks returned due toinsufficient funds.6

G. The County may, at its sole discretion and for any reason which it deems appropriate,deny or revoke credit account privileges.7

H. Haulers will not be permitted to have a load charged to another hauler or customeraccount. The hauler delivering the load will be charged. (This does not apply tomunicipal contracts.)

I. Any discrepancies with weight tickets must be brought to the attention of the Countywithin 10 days of the transaction.

§ 318-6. General waste acceptance policies.

A. Licensed commercial refuse haulers, County residents, and other authorized users maydeliver municipal solid waste, approved source-separated recyclable materials, approvedresidual waste, approved special handling waste, and other approved wastes generatedwithin Cecil County, Maryland, to the Cecil County Central Landfill during operatinghours.

B. County residents may deliver household quantities of municipal solid waste, approvedsource-separated recyclable materials, approved residual waste, approved specialhandling waste, and other approved wastes generated within Cecil County, Maryland, toWoodlawn Transfer Station and Stemmer's Run Transfer Station during operating hours.



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C. No waste or other material generated from out-of-County sources shall be delivered tosolid waste disposal facilities owned and operated by Cecil County, Maryland.

D. All persons delivering waste to a SWMD facility are required to show proof that thewaste being delivered originates from within Cecil County. For licensed commercialrefuse haulers and other commercial entities, this proof can be residential or commercialroute information such as customer names and addresses, pickup schedules, manifests,building permits, work orders, or contracts.

E. Residents delivering waste to a SWMD facility may be required to present a validMaryland driver's license with a current Cecil County address as proof of residency.

F. Temporary residents, new residents, active duty military personnel or others with specialcircumstances who do not possess a valid Maryland driver's license with a current CecilCounty address may obtain a temporary SWMD facility use permit from SWMD byproviding a property tax receipt, settlement papers, or signed lease agreement withcurrent driver's license to permit SWMD to verify their temporary residency. No wasteoriginating from outside Cecil County shall be accepted, however.

G. Any person delivering unacceptable waste to a SWMD facility will be responsible for theremoval of the unacceptable waste from the site, cleanup, and remediation of anydamages resulting from such delivery, and reimbursement of all costs and damagesincurred by the County as a result of such delivery.

H. It is the sole responsibility of the driver or operator of the vehicle delivering waste to asolid waste disposal facility to inform the scale house or transfer station attendant of alltypes of waste and other materials contained in his/her individual load.

I. Waste consisting of residual waste, municipal solid waste, or source-separated recyclablematerials shall not be mixed with each other, unless approved by the Cecil CountyDepartment of Public Works.

J. The tipping fee for any mixed load containing more than one category of waste shall be afee equal to the highest tipping fee applicable to any category of waste contained in theload. That highest tipping fee will be applied to the entire load.

K. All persons delivering waste to solid waste disposal facilities for disposal are responsiblefor ensuring that their loads do not contain unacceptable waste. Persons delivering wasteto the Central Landfill working face for disposal are responsible for ensuring that theirload does not contain tires or other prohibited items. In the event a person's loaddeposited at the Central Landfill working face contains tires, SWMD operationspersonnel will, for safety reasons, move the tires from the area of the working face andset them off to the side. The driver or operator of the vehicle delivering the waste to theworking face will be notified by the spotter or landfill scale house attendant that he/shehad a tire(s) in his/her load and will be given the opportunity to immediately return to theworking face to retrieve and dispose of the tire(s) in the designated location. If the driveror operator retrieves the tire(s) for proper disposal, his/her account will be charged a tirerecovery charge as provided in the SWMD fee schedule in addition to being billed theapplicable tip fee for the entire load. If the driver or operator refuses or fails to retrievethe tire(s), then the load will be considered a mixed load, and the entire load will be

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billed as a mixed load at the tires (per ton) tip fee per the approved SWMD fee schedulein effect at the time of disposal.8

§ 318-7. Recycling.

A. Single-stream recycling. Cecil County employs single-stream recycling in which targetedmaterials described below may be mixed and collected together with the intent that theywill be separated into their component waste streams through subsequent processing at amaterial recovery or similar facility. Single-stream targeted recyclables include:

(1) Steel, tin, or bimetal beverage and food cans.

(2) Empty aerosol cans.

(3) Aluminum cans.

(4) Aluminum foil.

(5) Aluminum trays.

(6) Aluminum pie plates.

(7) Aluminum bottles.

(8) Glass jars.

(9) Glass bottles.

(10) Glass food containers.

(11) Plastics. (Look for a number inside a recycling symbol on the bottom of plasticbottles and containers.)

(a) No. 1 polyethylene terephthalate (PET).

[1] Water bottles.

[2] Soft drink bottles.

[3] Sports drink bottles.

[4] Milk jugs.

(b) No. 2 high-density polyethylene (HDPE).

[1] Shampoo bottles.

[2] Dish detergent bottles.

[3] Laundry detergent bottles.


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(c) No. 3 polyvinyl chloride (PVC).

[1] Baby bottle nipples.

[2] Blister packaging.

(d) No. 4 low-density polyethylene (LDPE).

[1] Squeezable honey and mustard bottles.

[2] Container lids.

(e) No. 5 polypropylene (PP).

[1] Yogurt containers.

[2] Margarine tubs.

[3] Medicine bottles.

(f) No. 6 polystyrene (PS).

[1] Plates.

[2] Cups.

[3] Bowls.

[4] Compact disc cases.

[5] Clear aspirin bottles.

(g) No. 7 other plastics (O).

[1] Three- and five-gallon reusable water bottles.

[2] Laundry baskets.

[3] Crates.

[4] Buckets.

[5] Flower pots.

(h) Automotive fluid containers, chemical and pesticide containers will not beaccepted.9

(i) All containers must be rinsed with lids removed. Lids may be placed loose insingle-stream recyclables.10

(12) Paper.



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(a) Newspaper.

(b) Corrugated cardboard.

(c) Copier/Office paper.

(d) Mixed paper.

(e) Cereal boxes.

(f) Frozen food boxes.

(g) Shredded paper (bagged separately from other single-stream recyclables).

(h) Mail.

(i) Catalogs.

(j) Telephone books.

(k) Magazines.

(l) Soda boxes.

B. Scrap metal.

(1) Scrap metal can be brought to the Cecil County Central Landfill free of charge.

(2) Propane tanks are accepted only if the tank is empty and the valve has beencompletely removed.

(3) Barrels are accepted only if they are empty, cut up, and/or crushed.

(4) Fuel tanks must be empty and cut in half.

(5) Abandoned or discarded motor vehicles will not be accepted at any solid wastedisposal facilities.

C. White goods (Freon- and/or refrigerant-containing units).

(1) Units containing Freon or other refrigerants received from commercial sourcesmust be clearly tagged with the name, address, and phone number of thecommercial source, along with extraction information.

(2) An alternate marking system may be developed by commercial sources, on acase-by-case basis, with approval from the Chief of the Solid Waste ManagementDivision.

(3) Units containing Freon or other refrigerants received from residential sources mustbe placed in the designated area and handled in an appropriate manner to preventdischarge of refrigerant.

(4) Due to licensing and environmental regulations, Freon- and refrigerant-containingunits will not be accepted at the transfer stations.

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D. Batteries.

(1) Lead-acid batteries.

(a) Lead-acid batteries from vehicles, boats, and RVs can be brought to all CecilCounty solid waste disposal facilities for recycling.

(b) Battery acid will only be accepted at Household Hazardous Waste Dayevents at the Central Landfill.

(2) Rechargeable batteries.

(a) Nickel-cadmium (Ni-Cd), nickel metal hydride (Ni-MH).

(b) Lithium-ion (Li-ion) and small sealed lead (Pb).

(c) It is illegal in Maryland to put Ni-Cd/Pb batteries in the trash.

(d) Rechargeable batteries can be found on portable power tools and digitalcameras.

(3) Household batteries.

(a) Alkaline and titanium batteries.

(b) Found in flashlights, toys, and calculators.

E. Yard waste recycling.

(1) Yard waste is defined as vegetative matter found in and around the property, suchas, but not limited to, leaves, grass, brush, tree trimmings, and limbs not exceedingthree inches in diameter and six feet in length; Christmas trees; and certain gardenand orchard material.

(2) Excluded are stumps, logs, branches, and limbs over three inches in diameter,pallets, sod, and roots.

(3) It shall be a violation of these rules and regulations to mix yard waste with anyother waste for disposal at any County facility.

(4) Yard waste should be separated and deposited at the designated location only atthe Central Landfill.

(5) The transfer stations will not accept yard waste.

(6) The County may elect to increase opportunities by providing containers for theabove-mentioned materials at one or both of the transfer stations.

(7) Yard waste delivered in containers must be removed from the container and thecontainer either taken back by the homeowner for reuse or disposed of inaccordance with methods prescribed for the type of the container. An exceptionwill be made for yard waste in paper biodegradable bags.

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F. Electronics recycling. The following electronics are accepted free of charge for recyclingat the Central Landfill:

(1) Computers and laptops.

(2) Monitors.

(3) Printers.

(4) Keyboards and mice.

(5) Scanners.

(6) External hard drives.

(7) Digital cameras.

(8) TVs under 25 inches.

(9) Radios.

(10) DVD players and VCRs.

(11) Video game systems.

(12) Microwaves.

(13) Rechargeable batteries.

(14) Household batteries.

(15) Cell phones.

(16) All other electronics.

G. Fluorescent lamp recycling.

(1) The Cecil County Central Landfill and the Woodlawn and Stemmer's Run TransferStations accept fluorescent lamps for recycling from residents.

(2) Fluorescent lamp recycling removes the toxic mercury component from lamps andseparates the metal end caps, phosphor powder, and glass for reuse in otherapplications.

(3) All types and sizes of fluorescent tubes and lamps are accepted, including brokenlamps from residential sources.

(4) Fluorescent lamps from commercial sources will not be accepted at any solid wastemanagement facility.

H. Textile recycling.

(1) Textile recycling is available only at the Central Landfill. Textile recycling is afinal alternative before landfilling. We encourage residents to donate used textiles

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to charitable organizations. Textiles are reused or recycled into polishing clothsand insulation. Clothing should be bagged.

(2) Wet or mildewed material cannot be accepted for textile recycling and will becharged the normal per-ton fee for solid waste.

(3) Items accepted for textile recycling:

(a) Clothing of any kind.

(b) Drapes and curtains.

(c) Blankets.

(d) Sheets and towels.

(e) Paired shoes.

(f) Handbags.

(g) Backpacks and duffel bags.

(4) Not accepted:

(a) Stuffed animals.

(b) Pillows.

(c) Rugs or carpet.

I. Used motor oil.

(1) Used motor oil from residential sources is accepted at all three solid wastemanagement facilities.

(2) Hydraulic fluid, kerosene, diesel fuel, No. 2 fuel oil, and transmission fluid can bemixed with used motor oil for recycling.

(3) Do not mix used motor oil with gasoline, antifreeze, brake fluid, cleaning solvents,refrigerator oil, transformer oil, paint, paint thinner, vegetable oil or inks. Thematerials may be brought to the Central Landfill during Household HazardousWaste Day events.

(4) Due to capacity limitations, a maximum of 25 gallons of used motor oil per daywill be accepted per residence at all three solid waste management facilities.

(5) Motor oil from commercial sources will not be accepted at any solid wastemanagement facility.

J. Used antifreeze.

(1) Used antifreeze from residential sources is accepted at all three solid wastemanagement facilities.

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(2) Due to capacity limitations, a maximum of 25 gallons of used antifreeze per daywill be accepted per residence at all three solid waste management facilities.

(3) Antifreeze from commercial sources will not be accepted at any solid wastemanagement facility.

K. Vegetable oil.

(1) All types of used vegetable oil are accepted, including canola, olive, safflower,sunflower, corn and peanut oils.

(2) All vegetable oil is recycled into biodiesel.

(3) No solid fat is accepted.

(4) Vegetable oil is accepted at all three solid waste management facilities.11

(5) Vegetable oil from commercial sources will not be accepted at any solid wastemanagement facility.

L. Cork.

(1) Corks from beverage or other bottles are collected for recycling into cork boardand other cork products such as duck decoys, specialty shoes, and insulation.

(2) Natural and synthetic corks are accepted free of charge at all solid waste disposalfacilities.

M. Eyewear.

(1) Prescription, nonprescription, and sunglasses.

(2) Women's, men's, and children's sizes.

(3) Eyewear is accepted at all three solid waste management facilities, free of charge.

N. Printer cartridges.

(1) Inkjet or laser toner cartridges.

(2) Printer cartridges are accepted at the Central Landfill only, free of charge.

O. Concrete/Asphalt.

(1) All concrete, with or without rebar.

(2) Also, porcelain, slate, shale, terra-cotta, asphalt chunks, and millings are accepted.

(3) These materials are pulverized and crushed into road base for use at the CentralLandfill.

(4) The rebar is separated and recycled as scrap metal.


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(5) Concrete/Asphalt is accepted at the Central Landfill only from residential orcommercial sources.

(6) The construction and demolition tip fee applies.

P. Paint.

(1) Latex paint is accepted from residents at the Central Landfill only during normaloperating hours.

(2) Latex paint from commercial sources will not be accepted at any solid wastemanagement facility.

(3) Oil-based paint, paint thinner, or other chemicals will only be accepted atHousehold Hazardous Waste Day events.12

Q. Vinyl siding.

(1) Clean vinyl siding, free of wood or other construction debris, is accepted free ofcharge from contractors and residents at the Central Landfill.

(2) Other vinyl products may be accepted at the discretion of SWMD.

§ 318-8. Environmental programs.

A. Household hazardous waste program.

(1) The Cecil County Central Landfill and the Woodlawn and Stemmer's Run TransferStations accept oil, antifreeze, fluorescent bulbs, and lead acid, household, andrechargeable batteries during regular operating hours.

(2) The Solid Waste Management Division conducts periodic Household HazardousWaste Day events to permit Cecil County residents to dispose of householdquantities of chemicals or other materials that cannot be properly, and in somecases legally, disposed of as municipal solid waste.

(3) The following materials are accepted on Household Hazardous Waste Days:

(a) Medications.

(b) Household chemicals.

(c) Stains and thinners.

(d) Oil paint.

(e) Gasoline.

(f) Brake fluid.

(g) Transmission fluid.


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(h) Insecticides and weed killers.

(i) Adhesives and glues.

(j) Swimming pool chemicals.

B. Sharps disposal. The Cecil County Central Landfill accepts from residents sharps such asneedles, syringes, and lancets during normal operating hours, free of charge, for properdisposal.

§ 318-9. Disposal facility operation and safety rules.

Disposal facility operation and safety rules are as follows:

A. All loads must be tarped or otherwise properly secured while traveling to any SWMDfacility to prevent leakage, spilling, or litter and remain tarped and secured until arrivingat designated untarping or disposal areas. Vehicles with loads which are not properlytarped or otherwise secured may be denied entry to SWMD facilities.

B. Smoking at SWMD facilities is permitted only in designated smoking areas. Smoking invehicles is not permitted due to the risk of improper disposal of smoking materials whichcould result in a grass, brush, or landfill fire.

C. All vehicles requiring scaling must stop at the scale house or scale entrance and wait forthe attendant on duty to inspect the load. The driver will then be signaled to proceed.Vehicles should proceed slowly and avoid sudden stops so as to avoid damaging thescales. Drivers will proceed only upon signal of the attendant or automated entrancecontrol system.

D. All vehicles using SWMD facilities must obey all road signs and posted speed limits.Where no speed limit is posted, the maximum speed will be 10 miles per hour. Safe andcourteous driving practices are to be followed at all times.

E. All passengers must be in the cab of the vehicle when entering SWMD facilities. Ridingin the bed or on the tailgate of vehicles at SWMD facilities or during unloading isprohibited.

F. Drivers and passengers must stay with their vehicles at all times.

G. All persons unloading vehicles shall be appropriately dressed and shall use appropriategloves and other safety gear to prevent injury. All persons exiting vehicles at SWMDfacilities shall be wearing shoes.

H. Children under 16 years of age and pets (except for service animals) must remain invehicles at all times at SWMD facilities.

I. Licensed vehicles and the contents of vehicles and containers are subject to inspection atany time by SWMD operations personnel.

J. Material drop-off locations at all SWMD facilities will be at the discretion of SWMDoperations personnel. Vehicle type, size, load, weather conditions, permit requirements,

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and operational considerations will be used by SWMD operations personnel to determineappropriate drop-off locations. The drop-off locations may be subject to change. Materialwill be dropped off only in designated areas or as otherwise directed by SWMDoperations personnel. Drop-off in any other areas is strictly prohibited.

K. All trucks must unload waste off the rear of the vehicle in designated tipping orunloading areas. Unloading of vehicles off the sides is prohibited.

L. All roll-off containers must have properly functioning tailgate latches that secure thetailgate in the open position while the vehicle is dumping.

M. All persons shall promptly dispose of waste as designated and remove their vehicles fromthe disposal area in a prompt manner (twenty-minute limit).

N. After discharging a load of waste, the driver or operator of the vehicle is responsible forinspecting the vehicle and the container to ensure that all waste from the vehicle and thecontainer has been discharged. In the event that all the waste has not been discharged,the driver or operator must secure the remaining waste by tarping or enclosing thevehicle or container.

O. In the event that a vehicle or container leaks, spills, or litters at any SWMD facility or onany public road or private property, the person hauling the waste will be responsible forall cleanup and for any costs or damages incurred by SWMD in connection withperforming or monitoring such cleanup.

P. Vehicles and containers may not be left for extended periods of time at SWMD facilitieswithout prior approval of the Chief of the SWMD or his/her designee. Inoperablevehicles must be removed by the operator from the premises by closing time. If thevehicle is unable to be removed by the operator, the vehicle may be impounded and/ortowed, with towing charges billed to the vehicle's owner at the County's discretion. TheCounty shall not be liable for damage that may result from such actions.

Q. All persons entering and using the disposal facilities do so at their own risk. The Countyshall not be responsible for any property damage or bodily injury sustained by suchpersons.

R. Loitering and/or disruption of SWMD facility operations or interference with any Countyemployee, agents, or other users or visitors to the SWMD facility may result in theimmediate removal of the violator, revocation of disposal privileges, and possible legalaction.

§ 318-10. Useful materials.

Materials that are determined to be useful for ongoing landfill operations, such as clean dirt,clean stone, etc., may be accepted at the landfill without charge at the discretion of theChief/Assistant Chief of the Solid Waste Management Division. Any person desiring todispose of such materials at the landfill must make prior coordination with the Solid WasteManagement Division. The materials will be inspected and a determination made by the Chiefof the Solid Waste Management Division or his/her designee. All such determinations arefinal.

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§ 318-11. Loitering, campaigning or soliciting prohibited.

A. In order to ensure the safety of customers and employees and prevent interference withsolid waste disposal facility operations, loitering, campaigning or soliciting on thegrounds of Cecil County solid waste disposal facilities is prohibited.

B. This prohibition applies to supporters of and candidates for elected office, thosesupporting or opposing ballot initiatives or similar measures, and merchants, vendors,groups, or individuals selling or distributing merchandise, distributing advertisements orengaging in similar marketing activities. Installation of campaign signs or advertisementson the grounds of County solid waste disposal facilities is similarly prohibited.

C. At the Cecil County Central Landfill, this prohibition starts at the intersection of thelandfill entrance road and Maryland Route 7 and includes all County-owned property atthat location. At Woodlawn Transfer Station, this prohibition starts at the intersection ofFire Tower Road and Waibel Road and includes all property managed by the SolidWaste Management Division. At Stemmer's Run Transfer Station, this prohibition starts100 feet to the north and south of the entrances to the transfer station and includes allproperty managed by the Solid Waste Management Division.

D. This prohibition does not restrict in any way the County's ability to promote andadvertise upcoming official County events, distribute official County flyers or othermaterials to customers, conduct customer satisfaction surveys, and similar activities.

§ 318-12. Tipping fee waivers.

A. Cecil County government and Cecil County public schools are exempt from tipping feesfor the disposal of solid waste at Cecil County solid waste disposal facilities.

B. The Maryland State Highway Administration (SHA) and Maryland TransportationAuthority (MdTA) are exempt from tipping fees for the disposal of solid waste at theCentral Landfill which is generated from litter pickup activities along public roads andhighways in Cecil County by Adopt-A-Highway volunteers, inmate litter crews, and/orstate highway maintenance personnel. (This tipping fee exemption does not apply to thedisposal of solid waste generated by any other SHA or MdTA construction ormaintenance activities or at SHA or MdTA facilities.)

C. The Director of Administration shall have the authority to waive tipping fees for thedisposal of solid waste collected as a result of organized environmental cleanups ofroadsides, waterways, parks, and similar public open spaces.

D. The Director of Administration shall have the authority to waive up to 50% of thetipping fee for the disposal of solid waste generated from humanitarian projectsundertaken by bona fide nonprofit organizations. The solid waste cannot be refuse fromthe nonprofit organization's facilities or property.

E. The Director of Administration shall have the authority to waive up to 50% of thetipping fee for Cecil County residents not covered by insurance for the disposal of solidwaste generated by catastrophic occurrences such as fires, floods, tornadoes, orhurricanes.

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F. The Director of Administration shall have the authority to waive up to 50% of thetipping fee for the disposal of solid waste generated by volunteer fire companyconstruction or demolition projects.

G. Except in the case of such catastrophic occurrences, tipping fee waiver requestapplication forms must be submitted to the Director of Administration at least 30 daysprior to the event. In the case of genuine emergencies, the request shall be submitted asfar in advance of the waste disposal as possible.

H. Applicants for tipping fee waivers will be notified of approval or disapproval of therequest, in writing, within 30 days.

§ 318-13. Scavenging and salvaging prohibited.

Scavenging and salvaging are not permitted at any Cecil County solid waste disposal facility.When material is removed from a vehicle and deposited anywhere at the solid waste disposalfacility, it is considered to be the property of the Solid Waste Management Division and maynot be removed without the written authorization of the Chief of the Solid Waste ManagementDivision or his/her designee. Removal of material from a Cecil County solid waste disposalfacility without proper authorization will be considered theft of County property.

§ 318-14. Audio and video surveillance.

Cecil County's solid waste disposal facilities are under audio and video surveillance for theprotection of facility users, employees and property. Use of the solid waste disposal facilitiesconstitutes consent to such monitoring.


A. The generator, the licensed commercial refuse hauler, and the person operating thevehicle shall be responsible and accountable for any violation of the rules and regulationsfor the operation of the County's solid waste disposal facilities, including reimbursing theCounty for all fees and any and all associated costs and damages incurred by the Countyas a result of such violation.13

B. Violations of the above rules and regulations or any other rules and regulationsheretofore passed by the Cecil County Council for the operation of the County's solidwaste disposal facilities shall be deemed a misdemeanor, and upon conviction thereof,before the appropriate court of Cecil County having jurisdiction in such cases, the personmay be sentenced to up to 30 days in the Cecil County Detention Center or fined up to$500, or both imprisoned and fined, at the discretion of the court. Each violation shall beconsidered a separate and distinct offense.

C. In addition to the fees and charges and potential prosecution as provided in these rulesand regulations, in the event of any violation of these or any other applicable


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governmental regulations, the Chief of the Solid Waste Management Division of theCecil County Department of Public Works may:

(1) Suspend or revoke the Cecil County commercial refuse hauler's license of theperson who is the licensee of the violating vehicle or container;

(2) Suspend or revoke the privilege of using Cecil County solid waste disposalfacilities of the person driving or operating the violating vehicle; and

(3) Take such other action as the County shall deem to be appropriate.

§ 318-16. Appeals.

A. Any person whose Cecil County commercial refuse hauler's license or whose privilege ofusing Cecil County solid waste disposal facilities has been suspended or revoked bydecision of the Chief of the Solid Waste Management Division for violation of theserules and regulations may appeal that decision to the Cecil County Director/DeputyDirector of Public Works.

B. Any person whose Cecil County commercial refuse hauler's license or whose privilege ofusing Cecil County solid waste disposal facilities has been suspended or revoked forviolation of these rules and regulations may appeal decisions by the Cecil CountyDirector/Deputy Director of Public Works to the Circuit Court for Cecil County;otherwise, all decisions shall be final.

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Chapter 322

STORM DRAINAGE SYSTEMS § 322-1. Purpose and intent. § 322-10. Compliance monitoring.

§ 322-2. Definitions. § 322-11. Notification of spills.

§ 322-3. Applicability. § 322-12. Violations and penalties; enforcement.§ 322-4. Responsibility for

administration. § 322-13. Appeal of notice of violation.

§ 322-5. Compatibility with other § 322-14. Enforcement measures after regulations. appeal.

§ 322-6. Limitations on liability. § 322-15. Cost of abatement.

§ 322-7. Discharge and connection § 322-16. Violations deemed public prohibitions. nuisance.

§ 322-8. Watercourse protection. § 322-17. Remedies not exclusive;recovery of costs.§ 322-9. Industrial and construction

activity discharges.


GENERAL REFERENCES

Soil erosion and sediment control — See Ch. 312. Water and sewers — See Ch. 365.Stormwater management — See Ch. 325.

§ 322-1. Purpose and intent.

The purpose of this chapter is to provide for the health, safety, and general welfare of thecitizens of Cecil County through the regulation of non-stormwater discharges to all stormdrainage systems in the County to the maximum extent practicable as required by federal andstate law. This chapter establishes methods for controlling the introduction of pollutants intothe municipal separate storm sewer system (MS4) in order to comply with requirements of theNational Pollutant Discharge Elimination System (NPDES) permit process. The objectives ofthis chapter are:

A. To regulate the contribution of pollutants to the MS4 by stormwater discharges by anyuser.

B. To prohibit illicit connections and discharges to the MS4.

C. To establish legal authority to carry out all inspection, surveillance, monitoring, andenforcement procedures necessary to ensure compliance with this chapter.

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As used in this chapter, the following terms shall have the meanings set forth below:

BEST MANAGEMENT PRACTICES (BMPs) — Schedules of activities, prohibitions ofpractices, general good housekeeping practices, pollution prevention and educational practices,maintenance procedures, and other management practices to prevent or reduce the dischargeof pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyancesystems. BMPs also include treatment practices, operating procedures, and practices to controlsite runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

CLEAN WATER ACT — The federal Water Pollution Control Act (33 U.S.C. § 1251 etseq.), and any subsequent amendments thereto.

CONSTRUCTION ACTIVITY — Activities subject to NPDES construction permits. Theseinclude construction projects resulting in land disturbance of one acre or more. Such activitiesinclude but are not limited to clearing and grubbing, grading, excavating, and demolition.

DEPARTMENT OF PUBLIC WORKS — Employees or designees of the Cecil CountyDepartment of Public Works designated to enforce this chapter.

HAZARDOUS MATERIALS — Any material, including any substance, waste, orcombination thereof, which because of its quantity, concentration, or physical, chemical, orinfectious characteristics may cause, or significantly contribute to, a substantial present orpotential hazard to human health, safety, property, or the environment when improperlytreated, stored, transported, disposed of, or otherwise managed.

ILLEGAL DISCHARGE — Any direct or indirect non-stormwater discharge to the stormdrain system, except as exempted in § 322-7 of this chapter.

ILLICIT CONNECTIONS — An illicit connection is defined as either of the following:

A. Any drain or conveyance, whether on the surface or subsurface, that allows an illegaldischarge to enter the storm drain system, including but not limited to any conveyancesthat allow any non-stormwater discharge including sewage, process wastewater, andwash water to enter the storm drain system and any connections to the storm drainsystem from indoor drains and sinks, regardless of whether said drain or connection hadbeen previously allowed, permitted, or approved by an authorized enforcement agency;or

B. Any drain or conveyance connected from a commercial or industrial land use to thestorm drain system that has not been documented in plans, maps, or equivalent recordsand approved by an authorized enforcement agency.

INDUSTRIAL ACTIVITY — Activities subject to NPDES industrial stormwater permits asdefined in 40 CFR 122.26(b)(14).

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — The system ofconveyances (including sidewalks, roads with drainage systems, municipal streets, catchbasins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated byCecil County and designed or used for collecting or conveying stormwater, and that is notused for collecting or conveying sewage.

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§ 322-2 STORM DRAINAGE SYSTEMS § 322-2

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)STORMWATER DISCHARGE PERMIT — A permit issued by EPA [or by a state underauthority delegated pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge ofpollutants to waters of the state, whether the permit is applicable on an individual, group, orgeneral areawide basis.

NON-STORMWATER DISCHARGE — Any discharge to the storm drain system that is notcomposed entirely of stormwater.

PERSON — Any individual, association, organization, partnership, firm, corporation or otherentity recognized by law and acting as either the owner or as the owner's agent.

POLLUTANT — Anything which causes or contributes to pollution. Pollutants may include,but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons and otherautomotive fluids; cooking grease; detergents (biodegradable or otherwise); nonhazardousliquid and solid wastes; yard wastes; refuse, rubbish, garbage, litter, or other discarded orabandoned objects and accumulations that may cause or contribute to pollution, floatables,pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliformand pathogens; dissolved and particulate metals; animal wastes; wastes and residues that resultfrom constructing a building or structure; and noxious or offensive matter of any kind.

PREMISES — Any building, lot, parcel of land, or portion of land, whether improved orunimproved, including adjacent sidewalks and parking strips.

STORM DRAINAGE SYSTEM — Publicly owned facilities by which stormwater iscollected and/or conveyed, including but not limited to any roads with drainage systems,municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention anddetention basins, natural and human-made or -altered drainage channels, reservoirs, and otherdrainage structures.

STORMWATER — Any surface flow, runoff, and drainage consisting entirely of water fromany form of natural precipitation, and resulting from such precipitation.

WASTEWATER — Any water or other liquid, other than uncontaminated stormwater,discharged from a facility.

WATERCOURSE — A specific body or channel of water which is part of the waters of thestate.

WATERS OF THE STATE — Include:

A. Both surface and underground waters within the boundaries of this state subject to itsjurisdiction, including part of the Atlantic Ocean within the boundaries of this state, theChesapeake Bay and its tributaries, and ponds, lakes, rivers, streams, tidal and nontidalwetlands, public ditches, tax ditches, and public drainage systems within this state, otherthan those designed and used to collect, convey, or dispose of sanitary sewage.

B. The floodplain of free-flowing waters determined by the Department of NaturalResources on the basis of the one-hundred-year flood frequency.

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This chapter shall apply to all water entering the storm drain system generated on anydeveloped and undeveloped lands.

§ 322-4. Responsibility for administration.

The Department of Public Works shall administer, implement, and enforce the provisions ofthis chapter. Any powers granted or duties imposed upon the Department of Public Worksmay be delegated in writing by the Director of the Department of Public Works, or his or herduly authorized agent to persons or entities acting in the beneficial interest of or in the employof the Department.

§ 322-5. Compatibility with other regulations.

This chapter is not intended to modify or repeal any other ordinance, rule, regulation, or otherprovision of law. The requirements of this chapter are in addition to the requirements of anyother ordinance, rule, regulation, or other provision of law, and where any provision of thischapter imposes restrictions different from those imposed by any other ordinance, rule,regulation, or other provision of law, whichever provision is more restrictive or imposeshigher protective standards for human health or the environment shall control.

§ 322-6. Limitations on liability.

The standards set forth herein and promulgated pursuant to this chapter are minimumstandards; therefore, this chapter does not intend or imply that compliance by any person willensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

§ 322-7. Discharge and connection prohibitions.

A. Prohibition of illegal discharges.

(1) No person shall throw, drain, or otherwise discharge, cause, or allow others underits control to throw, drain, or otherwise discharge into the County separate stormsewer system or watercourses any pollutants or waters containing any pollutants,that cause or contribute to a violation of applicable water quality standards, otherthan stormwater.

(2) The commencement, conduct or continuance of any illegal discharge to the stormdrain system is prohibited except as described as follows:

(a) The following discharges are exempt from discharge prohibitions establishedby this chapter:

[1] Water line flushing, landscape irrigation, diverted stream flows, risinggroundwaters, uncontaminated groundwater infiltration, uncontaminatedpumped groundwater, discharges from potable water sources, foundationdrains, air-conditioning condensation, irrigation water, springs, water

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from crawl space pumps, footing drains, lawn watering, individualresidential car washing, flows from riparian habitats and wetlands, anddechlorinated swimming pool discharges.

[2] Discharges or flow from fire fighting, and other discharges specified inwriting by the Department of Public Works as being necessary toprotect public health and safety.

[3] Discharges associated with dye testing; however, this activity requires averbal notification to the Department of Public Works prior to the timeof the test.

(b) The prohibition shall not apply to any non-stormwater discharge permittedunder an NPDES permit, waiver, or waste discharge order issued to thedischarger and administered under the authority of the United StatesEnvironmental Protection Agency (EPA), provided that the discharger is infull compliance with all requirements of the permit, waiver, or order andother applicable laws and regulations, and provided that written approval hasbeen granted for any discharge to the storm drain system.

(3) If any discharge contained within the above exemptions causes an adverse impact,as determined by the Department of Public Works, then the discharge shall not beconsidered exempt from this chapter.

B. Prohibition of illicit connections.

(1) The construction, use, maintenance or continued existence of illicit connections tothe storm drain system is prohibited.

(2) This prohibition expressly includes, without limitation, illicit connections made inthe past, regardless of whether the connection was permissible under law orpractices applicable or prevailing at the time of connection.

(3) A person is considered to be in violation of this chapter if the person connects aline conveying sewage to the MS4, or allows such a connection to continue.

(4) Improper connections in violation of this chapter must be disconnected andredirected, if necessary, to an approved on-site wastewater management system orthe sanitary sewer system upon approval of the Health Department.

(5) Any drain or conveyance that has not been documented in plans, maps orequivalent, and which may be connected to the storm sewer system, shall belocated by the owner or occupant of that property upon receipt of written notice ofviolation from the Department of Public Works requiring that such locating becompleted. Such notice will specify a reasonable time period within which thelocation of the drain or conveyance is to be determined, that the drain orconveyance be identified as a storm sewer, sanitary sewer or other, and that theoutfall location or point of connection to the storm sewer system, sanitary sewersystem or other discharge point be identified. Results of these investigations are tobe documented and provided to the Department of Public Works.

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§ 322-8. Watercourse protection.

Every person owning property through which a watercourse passes, or such person's lessee,shall keep and maintain that part of the watercourse within the property free of trash, debris,excessive vegetation, and other obstacles that would pollute, contaminate, or significantlyretard the flow of water through the watercourse. In addition, the owner or lessee shallmaintain existing privately owned structures within or adjacent to a watercourse so that suchstructures will not become a hazard to the use, function, or physical integrity of thewatercourse.

§ 322-9. Industrial and construction activity discharges.

Any person subject to an industrial or construction activity NPDES stormwater dischargepermit shall comply with all provisions of such permit. Proof of compliance with said permitmay be required in a form acceptable to the Department of Public Works prior to the allowingof discharges to the MS4.

§ 322-10. Compliance monitoring.

A. Right of entry; inspection and sampling. The Department of Public Works shall bepermitted to enter and inspect facilities subject to regulation under this chapter as oftenas may be necessary to determine compliance with this chapter, subject to the following:Prior to entering the property, the Department of Public Works will obtain writtenpermission from the property owner; or the Department of Public Works will obtainconsent in conformance with Subsection B.

(1) If a discharger has security measures in force which require proper identificationand clearance before entry into its premises, the discharger shall make thenecessary arrangements to allow access to representatives of the Department ofPublic Works.

(2) Facility operators shall allow the Department of Public Works ready access to allparts of the premises for the purposes of inspection, sampling, examination andcopying of records that must be kept under the conditions of an NPDES permit todischarge stormwater, and the performance of any additional duties as defined bystate and federal law.

(3) The Department of Public Works shall have the right to set up on any permittedfacility such devices as are necessary in the opinion of the Department of PublicWorks to conduct monitoring and/or sampling of the facility's stormwaterdischarge.

(4) The Department of Public Works has the right to require the discharger to installmonitoring equipment as necessary. The facility's sampling and monitoringequipment shall be maintained at all times in a safe and proper operating conditionby the discharger at the discharger's expense. All devices used to measurestormwater flow and quality shall be calibrated to ensure their accuracy.

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(5) Any temporary or permanent obstruction that prohibits safe and easy access to thefacility to be inspected and/or sampled shall be promptly removed by the operatorat the written or oral request of the Department of Public Works and shall not bereplaced. The costs of clearing such access shall be borne by the operator.

(6) Unreasonable delays in allowing the Department of Public Works access to apermitted facility are a violation of a stormwater discharge permit and of thischapter. A person who is the operator of a facility with an NPDES permit todischarge stormwater associated with industrial activity commits an offense if theperson denies the Department of Public Works reasonable access to the permittedfacility for the purpose of conducting any activity authorized or required by thischapter.

B. Search warrants. If the Department of Public Works has been refused access to any partof the premises from which stormwater is discharged, and he/she is able to demonstrateprobable cause to believe that there may be a violation of this chapter, or that there is aneed to inspect and/or sample as part of a routine inspection and sampling programdesigned to verify compliance with this chapter or any order issued hereunder, or toprotect the overall public health, safety, and welfare of the community, then theDepartment of Public Works may seek issuance of a search warrant from any court ofcompetent jurisdiction.

§ 322-11. Notification of spills.

A. Notwithstanding other requirements of law, as soon as any person responsible for afacility or operation, or responsible for emergency response for a facility or operation hasinformation of any known or suspected release of materials which is resulting or mayresult in illegal discharges or pollutants discharging into stormwater, the storm drainsystem, or waters of the state, said person shall take all necessary steps to ensure thediscovery, containment, and cleanup of such release. In the event of such a release ofhazardous materials, said person shall immediately notify emergency response agenciesof the occurrence via emergency dispatch services. In the event of a release ofnonhazardous materials, said person shall notify the Department of Public Works inperson or by phone or facsimile no later than the next business day. Notifications inperson or by phone shall be confirmed by written notice addressed and mailed to theDepartment of Public Works within three business days of the phone notice. If thedischarge of prohibited materials emanates from a commercial or industrialestablishment, the owner or operator of such establishment shall also retain an on-sitewritten record of the discharge and the actions taken to prevent its recurrence. Suchrecords shall be retained for at least three years.

B. Failure to provide notification of a release as provided above is a violation of thischapter.

§ 322-12. Violations and penalties; enforcement.

A. Violations.

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(1) It shall be unlawful for any person to violate any provision or fail to comply withany of the requirements of this chapter. Any person who has violated or continuesto violate the provisions of this chapter may be subject to the enforcement actionsoutlined in this section or may be restrained by injunction or otherwise abated in amanner provided by law.

(2) In the event the violation constitutes an immediate danger to public health orpublic safety, the Department of Public Works is authorized to enter upon thesubject private property, without giving prior notice, to take any and all measuresnecessary to abate the violation and/or restore the property. The Department ofPublic Works is authorized to seek costs of the abatement as outlined in § 322-15.

B. Warning notice.

(1) When the Department of Public Works finds that any person has violated, orcontinues to violate, any provision of this chapter, or any order issued hereunder,the Department of Public Works may serve upon that person a written warningnotice, specifying the particular violation believed to have occurred and requestingthe discharger to immediately investigate the matter and to seek a resolutionwhereby any offending discharge will cease.

(2) Investigation and/or resolution of the matter in response to the warning notice inno way relieves the alleged violator of liability for any violations occurring beforeor after receipt of the warning notice. Nothing in this subsection shall limit theauthority of the Department of Public Works to take any action, includingemergency action or any other enforcement action, without first issuing a warningnotice.

C. Notice of violation. Whenever the Department of Public Works finds that a person hasviolated a prohibition or failed to meet a requirement of this chapter, the Department ofPublic Works may order compliance by written notice of violation to the responsibleperson.

(1) The notice of violation shall contain:

(a) The name and address of the alleged violator;

(b) The address, when available, or a description of the building, structure orland upon which the violation is occurring, or has occurred;

(c) A statement specifying the nature of the violation;

(d) A description of the remedial measures necessary to restore compliance withthis chapter and a time schedule for the completion of such remedial action;

(e) A statement of the penalty or penalties that shall or may be assessed againstthe person to whom the notice of violation is directed;

(f) A statement that the determination of violation may be appealed to theCircuit Court of Cecil County by filing a written notice of appeal within fivebusiness days of service of the notice of violation; and

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(g) A statement specifying that, should the violator fail to restore compliancewithin the established time schedule, the work will be done by a designatedgovernmental agency or a contractor and the expense thereof shall be chargedto the violator.

(2) Such notice may require, without limitation:

(a) The performance of monitoring, analyses, and reporting;

(b) The elimination of illicit connections or discharges;

(c) That violating discharges, practices, or operations shall cease and desist;

(d) The abatement or remediation of stormwater pollution or contaminationhazards and the restoration of any affected property;

(e) Payment of a fine to cover administrative and remediation costs; and

(f) The implementation of source control or treatment BMPs.

D. Compensatory action. In lieu of enforcement proceedings, penalties, and remediesauthorized by this chapter, the Department of Public Works may impose upon a violatoralternative compensatory actions, such as storm drain stenciling, attendance atcompliance workshops, creek cleanup, etc.

E. Suspension of MS4 access.

(1) When the Department of Public Works finds that any person has violated, orcontinues to violate, any provision of this chapter, or any order issued hereunder,or that the person's past violations are likely to recur, and that the person'sviolation(s) has (have) caused or contributed to an actual or threatened discharge tothe MS4 or waters of the state which reasonably appears to present an imminent orsubstantial endangerment to the health or welfare of persons or to the environment,the Department of Public Works may issue an order to the violator directing itimmediately to cease and desist all such violations and directing the violator to:

(a) Immediately comply with all ordinance requirements; and

(b) Take such appropriate preventive action as may be needed to properlyaddress a continuing or threatened violation, including immediately haltingoperations and/or terminating the discharge.

(2) Any person notified of an emergency order directed to it under this subsectionshall immediately comply and stop or eliminate its endangering discharge. In theevent of a discharger's failure to immediately comply voluntarily with theemergency order, the Department of Public Works may take such steps as deemednecessary to prevent or minimize harm to the MS4 or waters of the state, and/orendangerment to persons or to the environment, including immediate terminationof a facility's water supply, sewer connection, or other municipal utility services.The Department of Public Works may allow the person to recommence itsdischarge when it has demonstrated to the satisfaction of the Department of PublicWorks that the period of endangerment has passed, unless further termination

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proceedings are initiated against the discharger under this chapter. A person who isresponsible, in whole or in part, for any discharge presenting imminentendangerment shall submit a detailed written statement, describing the causes ofthe harmful discharge and the measures taken to prevent any future occurrence, tothe Department of Public Works within 30 days of receipt of the emergency order.Issuance of an emergency cease-and-desist order shall not be a bar against, or aprerequisite for, taking any other action against the violator.

F. Suspension due to illicit discharges in emergency situations. The Department of PublicWorks may, without prior notice, suspend MS4 discharge access to a person when suchsuspension is necessary to stop an actual or threatened discharge which presents or maypresent imminent and substantial danger to the environment, or to the health or welfareof persons, or to the MS4 or waters of the state. If the violator fails to comply with asuspension order issued in an emergency, the Department of Public Works may take suchsteps as deemed necessary to prevent or minimize damage to the MS4 or waters of thestate, or to minimize danger to persons.

G. Suspension due to the detection of illicit discharge. Any person discharging to the MS4in violation of this chapter may have his/her MS4 access terminated if such terminationwould abate or reduce an illicit discharge. The Department of Public Works will notify aviolator of the proposed termination of its MS4 access. The violator may petition theDepartment of Public Works for a reconsideration and hearing. A person commits anoffense if the person reinstates MS4 access to premises terminated pursuant to thissection, without the prior approval of the Department of Public Works.

H. Civil penalties. In the event the alleged violator fails to take the remedial measures setforth in the notice of violation or otherwise fails to cure the violations described thereinwithin 10 days, or such greater period as the Department of Public Works shall deemappropriate, after the Department of Public Works has taken one or more of the actionsdescribed above, the Department of Public Works may impose a penalty not to exceed$1,000 (depending on the severity of the violation) for each day the violation remainsunremedied after receipt of the notice of violation. All penalties collected will turn overto an Environmental Restoration Fund, to be created by and held by the County.

I. Criminal prosecution. Any person who has violated or continues to violate this chaptershall be liable to criminal prosecution to the fullest extent of the law, and shall be subjectto a criminal penalty of $1,000 per violation per day and/or imprisonment for a period oftime not to exceed 60 days, or both. Each act of violation and each day upon which anyviolation shall occur shall constitute a separate offense.

§ 322-13. Appeal of notice of violation.

Any person aggrieved by the action of any official charged with the enforcement of thischapter, as the result of issuance of a written notice of violation, or an alleged failure toproperly enforce the chapter in regard to a specific application, shall have the right to appealthe action to the Circuit Court of Cecil County. The appeal must be filed in writing withinfive business days from the date of the notice of violation or determination to the applicantand shall clearly state the grounds on which the appeal is based.

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§ 322-14. Enforcement measures after appeal.

If the violation has not been corrected pursuant to the requirements set forth in the notice ofviolation, or, in the event of an appeal, within 10 business days of the decision of the CircuitCourt of Cecil County, upholding the decision of the Department of Public Works, thenrepresentatives of the Department of Public Works shall enter upon the subject privateproperty and are authorized to take any and all measures necessary to abate the violationand/or restore the property. It shall be unlawful for any person, owner, agent or person inpossession of any premises to refuse to allow the government agency or designated contractorto enter upon the premises for the purposes set forth above.

§ 322-15. Cost of abatement.

Within 30 days after abatement of the violation, the owner of the property will be notified ofthe cost of abatement, including administrative costs. The property owner may file a writtenprotest objecting to the amount of the assessment within 10 days. If the amount due is notpaid within a timely manner as determined by the decision of the Department of Public Worksor by the expiration of the time in which to file an appeal, the charges shall become a specialassessment against the property and shall constitute a lien on the property for the amount ofthe assessment. Any person violating any of the provisions of this chapter shall become liableto Cecil County by reason of such violation. The liability shall be paid in not more than 12equal payments. Interest at the rate of 10% per annum shall be assessed on the balancebeginning on the 30th day after an invoice for the cost of abatement, including administrativecosts, has been presented to the owner of the affected property.

§ 322-16. Violations deemed public nuisance.

In addition to the enforcement processes and penalties provided, any condition caused orpermitted to exist in violation of any of the provisions of this chapter is a threat to publichealth, safety, and welfare, and is declared and deemed a nuisance, and may be summarilyabated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwisecompel the cessation of such nuisance may be taken.

§ 322-17. Remedies not exclusive; recovery of costs.

The remedies listed in this chapter are not exclusive of any other remedies available underany applicable federal, state or local law and it is within the discretion of the Department ofPublic Works to seek cumulative remedies. The Department of Public Works may recover allattorneys' fees court costs and other expenses associated with enforcement of this chapter,including sampling and monitoring expenses.

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Chapter 325

STORMWATER MANAGEMENT

ARTICLE I § 325-15. Preparation of plans. Purpose and Incorporated Documents

ARTICLE VI§ 325-1. Purpose and authority; Permits enforcement.

§ 325-16. Permit requirements. § 325-2. Documents incorporated by reference. § 325-17. Permit fees. § 325-3. Environmental site design § 325-18. Plan and permit suspension waivers. and revocation.

§ 325-19. Permit conditions.ARTICLE IIDefinitions

ARTICLE VIIPerformance Guaranty


§ 325-20. Financial assurance. ARTICLE IIIApplicability

ARTICLE VIIIInspection

§ 325-5. Control measures required.

§ 325-6. Exemptions. § 325-21. Access, search warrants and site safety.§ 325-7. Waivers; watershed

management plans. § 325-22. Inspection schedule and reports. § 325-8. Redevelopment.

§ 325-23. Inspection during construction. § 325-9. Variances.

ARTICLE IXARTICLE IVMaintenanceStormwater Management Criteria

§ 325-24. Maintenance inspection. § 325-10. Minimum control requirements. § 325-25. Inspection and maintenance

agreement and beneficial users§ 325-11. Stormwater management plan. measures.

§ 325-26. Maintenance responsibility.§ 325-12. Specific design criteria.

ARTICLE XARTICLE VAppealsStormwater Management Plans

§ 325-27. Right to appeal. § 325-13. Review and approval of plans.

§ 325-14. Contents of plans.

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ARTICLE XI ARTICLE XIIPenalties Effective Date

§ 325-28. Violations and penalties. § 325-29. When effective.


GENERAL REFERENCES

Soil erosion and sediment control — See Ch. 312. Water and sewers — See Ch. 365.Stormwater discharge — See Ch. 322.

ARTICLE IPurpose and Incorporated Documents

§ 325-1. Purpose and authority; enforcement.

A. The purpose of this chapter is to protect, maintain and enhance the public health, safety,and general welfare by establishing minimum requirements and procedures that controlthe adverse impacts associated with increased stormwater runoff. The goal is to managestormwater by using environmental site design (ESD) to the maximum extent practicable(MEP) to maintain after development, as nearly as possible, the predevelopment runoffcharacteristics, and to reduce stream channel erosion, pollution, siltation andsedimentation, and local flooding, and use appropriate structural best managementpractices (BMPs) only when absolutely necessary. This will restore, enhance, andmaintain the chemical, physical, and biological integrity of streams and aquifers,minimize damage to public and private property, and reduce the impacts of landdevelopment.

B. The provisions of this chapter are adopted pursuant to the Maryland Stormwater Act of2007 and Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland, andshall apply to all development occurring within both the unincorporated area of CecilCounty and the incorporated townships which have not adopted a stormwatermanagement ordinance of their own. The application of this chapter and provisionsexpressed herein shall be the minimum stormwater management requirements and shallnot be deemed a limitation or repeal of any other powers granted by state statute.1

C. The Cecil County Department of Public Works shall be responsible for the coordinationand enforcement of the provisions of this chapter in all unincorporated areas of theCounty and any incorporated townships which do not have a stormwater managementordinance approved by the Maryland Department of the Environment. All previousstormwater management ordinances and/or policies relating thereto are hereby repealedand replaced with this chapter.


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§ 325-2 STORMWATER MANAGEMENT § 325-3

§ 325-2. Documents incorporated by reference.

For the purpose of this chapter, the following documents are incorporated by reference:

A. The 2000 Maryland Stormwater Design Manual, Volumes I and II (Maryland Departmentof the Environment, April 2000), and all subsequent revisions, which shall serve as theofficial guide for stormwater principles, methods, and practices.2

B. USDA Natural Resources Conservation Service Maryland Conservation PracticeStandard Pond Code 378 (January 2000).

§ 325-3. Environmental site design waivers.


ADEQUATELY COMPLETE — A documented action by the Department of PublicWorks following a review to determine and acknowledge the sufficiency of submittedmaterial to meet the requirements of a specified stage in a local development reviewprocess. "Adequately complete" does not mean an acknowledgement by the Departmentof Public Works that submitted material has been received for review.

ADEQUATELY COMPLETE SUBMITTAL — A review of the stormwatermanagement plan that includes, at a minimum:

(1) The number of planned dwelling units or lots;

(2) The proposed project density;

(3) The proposed size and location of all land uses for the project; inclusive ofalignment, location, and construction type and standard for all roads, accessways,and areas of vehicular traffic;

(4) A plan that identifies:

(a) The proposed drainage patterns;

(b) The location of all points of discharge from the site; and

(c) The type, location, and size of all stormwater management measures basedon site-specific stormwater management requirement computations; and

(5) Plans and computations in accordance with the current plan review checklist.

ENVIRONMENTAL SITE DESIGN WAIVER — A documented decision by theDepartment of Public Works pursuant to this chapter to allow the construction of adevelopment to be governed by the stormwater management ordinance in effect as ofMay 4, 2009. "Environmental site design waiver" is distinct and separate from a waivergranted pursuant to § 325-7 of this chapter.


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FINAL PROJECT APPROVAL — Approval of the final stormwater management planand the erosion and sediment control plan required to construct a project's stormwatermanagement facilities. "Final project approval" also includes the execution of aninspection and maintenance agreement, payment of inspection fees and securing bondingor financing for final development plans if either is required.

B. The Department of Public Works may grant an environmental site design waiver to adevelopment that was deemed to be adequately complete prior to May 4, 2010.Environmental site design waivers shall expire according to Subsection C of this sectionand may be extended according to Subsection D of this section.

C. Expiration of environmental site design waivers. Except as provided for in Subsection Dof this section, an environmental site design waiver shall expire on:

(1) May 4, 2013, if the development does not receive final approval prior to that date.

(2) May 4, 2017, if the development receives final approval prior to May 4, 2013.

D. Extension of environmental site design waivers.

(1) Except as provided in Subsection D(2) of this section, an environmental site designwaiver shall not be extended.

(2) An environmental site design waiver may only be extended if, by May 4, 2010, thedevelopment:

(a) Has a stormwater management plan submittal that has been deemed to beadequately complete; and

(b) Was subject to a town annexation agreement.

(3) Environmental site design waivers extended according to Subsection D(2) of thissection shall expire when the annexation agreement expires.

E. Notification of approval or reasons for disapproval or modification shall be given to theowner/developer within 30 working days after submission of the completed stormwaterplan by all review agencies or departments. If a decision is not made within 30 days ofsubmission, the applicant shall be informed of the status of the review process and theanticipated completion date. The stormwater management plan shall not be consideredapproved without the inclusion of the signature and date of signature of an authorizedrepresentative of the Department of Public Works on the plan. The owner/developer shallresubmit plans in a timely manner throughout the plan review process. If the Departmentof Public Works has not received the plan submittal addressing the Department'scomments within 90 working days of the May 4, 2013, deadline, the County will notguarantee approval of the project by May 4, 2013, and thus the project will lose itsgrandfathering status.3


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ARTICLE IIDefinitions



ADMINISTRATION — The Maryland Department of the Environment (MDE) WaterManagement Administration (WMA).

ADVERSE IMPACT — Any deleterious effect on waters or wetlands, including theirquality, quantity, surface area, species composition, aesthetics or usefulness for human ornatural uses which are or may potentially be harmful or injurious to human health, welfare,safety or property, to biological productivity, diversity, or stability or which unreasonablyinterfere with the enjoyment of life or property, including outdoor recreation.

AGRICULTURAL LAND MANAGEMENT PRACTICES — Those methods and proceduresused in the cultivation of land in order to further crop and livestock production andconservation of related soil and water resources.

AGRICULTURAL STRUCTURE — Any structure used solely for agricultural purposes inwhich the use is exclusively in connection with the production, harvesting, storage, drying, orraising of agricultural commodities, including the raising of livestock.

APPLICANT — Any person, firm, or governmental agency who or which executes thenecessary forms to procure official approval of a project or a permit to carry out constructionof a project.

APPROVED PLAN — A stormwater management plan which contains the signature and sealof the designer and a statement of approval and the signature by the Chief of the DevelopmentServices Division, Department of Public Works.

APPROVING AGENCY — The entity responsible for the review and approval ofstormwater management plans.

AQUIFER — A porous water-bearing geological formation generally restricted to materialscapable of yielding an appreciable supply of water.

BENEFICIAL USERS PLAN — A plan prepared by the engineer detailing the location of allESD practices to be used within the development. The plan shall be recorded along with theinspection maintenance agreement and shall be used as a guide for maintenance andinspection by the County and property owners.

BEST MANAGEMENT PRACTICE (BMP) — A structural device or nonstructural practicedesigned to temporarily store and/or treat stormwater runoff in order to mitigate flooding,reduce pollution, and provide other amenities.

CHANNEL PROTECTION STORAGE VOLUME (CPv) — The volume used to designenvironmental site design and structural management practices to control stream channelerosion. Methods for calculating the channel protection storage volume are specified in the2000 Maryland Stormwater Design Manual, Volumes I and II.

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CLEARING — The removal of trees, brush or understory from the land, but shall not includethe ordinary mowing of grass, or the removal of dead trees and noxious weeds.

COASTAL PLAIN REGION — Those areas south of the Chesapeake and Delaware Canal,not including the Elk Neck Peninsula.

CONCEPT PLAN — The first of three required plan approvals that includes the informationnecessary to allow an initial evaluation of the stormwater management and erosion andsediment control BMPs for any proposed development subject to this chapter (See § 325-14Afor plan content requirements.). The concept plan must be reviewed and approved prior tosubmittal of the concept plat to the Department of Planning and Zoning.4

DEPARTMENT OF PUBLIC WORKS — The Cecil County Department of Public Works.

DESIGN MANUAL — The 2000 Maryland Stormwater Design Manual, Volumes I and II,and subsequent revisions that serves as the official guide for stormwater managementprinciples, methods and practices.

DETENTION STRUCTURE — A permanent structure for the temporary storage of runoff,which is designed so as not to create a permanent pool of water.

DEVELOP LAND — To change the runoff characteristics of a parcel of land in conjunctionwith residential, commercial, industrial, or institutional construction or alteration.

DEVELOPER — The property owner, company or other entity who or which directs orexecutes the development of land.

DIRECT DISCHARGE — The concentrated release of stormwater to tidal waters orvegetated tidal wetlands from new development or redevelopment projects in the critical area.

DISTURB — The grading, moving, or digging of soils, the removal of grass and otherground covers, placement of fill or surface material (such as stone, concrete, asphalt), or theremoval of stumps.

DRAINAGE AREA — That area contributing runoff to a single point measured in ahorizontal plane, which is enclosed by a ridgeline.

EASEMENT — A grant or reservation by the owner of land for the use of such land byothers for a specific purpose or purposes, and which must be included in the conveyance ofland affected by such easement.

ENVIRONMENTAL SITE DESIGN (ESD) — Using small-scale stormwater managementpractices, nonstructural techniques, and better site planning to mimic natural hydrologic runoffcharacteristics and minimize the impact of land development on water resources. Methods fordesigning ESD practices are specified in the Design Manual.

EXEMPTION — Those land development activities that are not subject to the stormwatermanagement requirements contained in this chapter.


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EXTENDED DETENTION — A stormwater design feature that provides gradual release of avolume of water in order to increase settling of pollutants and protect downstream channelsfrom frequent storm events. Methods for designing extended detention BMPs are specified inthe Design Manual.

EXTREME FLOOD VOLUME (QF) — The storage volume required to control thoseinfrequent but large storm events in which overbank flows reach or exceed the boundaries ofthe one-hundred-year floodplain.

FINAL STORMWATER MANAGEMENT PLAN — The last of three required planapprovals that includes the information necessary to allow all approvals and permits to beissued by the approving agency (See § 325-14C for plan content requirements.). The final platwill not be recommended by the Department of Public Works for approval by the PlanningCommission until the final stormwater management plan has been approved.

FLOW ATTENUATION — Prolonging the flow time of runoff to reduce the peak discharge.

GRADING — Any act by which soil is cleared, stripped, stockpiled, excavated, scarified,filled or any combination thereof.

IMPERVIOUS AREA — Any surface that does not allow stormwater to infiltrate into theground.

INFILTRATION — The passage or movement of water into the soil surface.

MAXIMUM EXTENT PRACTICABLE (MEP) — Designing stormwater managementsystems so that all reasonable opportunities for using ESD planning techniques and treatmentpractices are exhausted and only where absolutely necessary a structural BMP is implemented.

NARRATIVE — A document prepared and submitted with each plan approval phase whichdescribes how ESD will be implemented to the MEP. The document must describe each ESDelement which will be used, justify any proposed structural practices and must incorporate alist of all comments received from all of the reviewing agencies/departments and how eachcomment was satisfactorily addressed.

OFF-SITE STORMWATER MANAGEMENT — The design and construction of a systemnecessary to control stormwater from more than one development.

ON-SITE STORMWATER MANAGEMENT — The design and construction of systemsnecessary to control stormwater within an immediate development.

OVERBANK FLOOD PROTECTION VOLUME (QP) — The volume controlled bystructural practices to prevent an increase in the frequency of out-of-bank flooding generatedby development. Methods for calculating the overbank flood protection volume are specifiedin the Design Manual.

PERSON — The federal government, the state, any county, municipal corporation or otherpolitical subdivision of the state, or any of their units or an individual receiver, trustee,guardian, executor, administrator, fiduciary or representative of any kind, or any partnership,firm, association, public or private corporation, or any other entity.

PIEDMONT REGION — Those areas north of Interstate I-95.

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PLANNING TECHNIQUE — A combination of strategies employed early in project designto reduce the environmental impact from development and to incorporate natural features intoa stormwater management plan.

PRELIMINARY PLAN — The second of three required plan approvals that includes theinformation necessary to allow a detailed evaluation of a proposed project (See § 325-14B forplan content requirements.). The preliminary plan must be reviewed and approved by therequired agencies prior to the submittal of the preliminary plat to the Department of Planningand Zoning.5

RECHARGE VOLUME (Rev) — That portion of the water quality volume used to maintaingroundwater recharge rates at development sites. Methods for calculating the recharge volumeare specified in the Design Manual.

REDEVELOPMENT — Any construction, alteration, or improvement performed on siteswhere the existing land use is commercial, industrial, institutional or multifamily residentialand the existing impervious area exceeds 40% of the site.

RETENTION STRUCTURE — A permanent structure that provides for the storage of runoffby means of a permanent pool of water.

RETROFITTING — The implementation of ESD practices, the construction of a structuralBMP or the modification of an existing structural BMP in a previously developed area toimprove water quality over current conditions.

SEDIMENT — Soils or other surficial materials transported or deposited by the action ofwind, water, ice or gravity as a product of erosion.

SITE —

A. For new development, any tract, lot, or parcel of land or combination of tracts, lots, orparcels of land, which are in one ownership, or are contiguous and in diverse ownershipwhere development is to be performed as part of a unit, subdivision, or project.

B. For redevelopment, the area of new construction as shown on an approved site plan; orthe original parcel. Final determination of the applicable area shall be made by theDepartment of Public Works.

SMALL DEVELOPMENT PROJECT — Any development which meets all of thelimitations, conditions and requirements contained within the standard stormwatermanagement plan and the standard erosion and sediment control plan for minor earthdisturbances.

STABILIZATION — The prevention of soil movement by any of various vegetative and/orstructural means.

STORMWATER — Water that originates from a precipitation event.


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STORMWATER MANAGEMENT —

A. For quantitative control, a system of vegetative and structural measures that control theincreased volume and rate of surface runoff caused by man-made changes to the land;and

B. For qualitative control, a system of vegetative, structural, and other measures that reduceor eliminate pollutants that might otherwise be carried by surface runoff.

STORMWATER MANAGEMENT PLAN — A set of drawings or other documentssubmitted by a person as a prerequisite to obtaining a stormwater management approval,which contains all of the information and specifications pertaining to stormwater managementfor the site.

STORMWATER MANAGEMENT SYSTEM — Natural areas, ESD practices, stormwatermanagement measures, and any other structure through which stormwater flows, infiltrates, ordischarges from a site.

STRIPPING — Any activity that removes the vegetative surface cover, including treeremoval, clearing, grubbing and storage or removal of topsoil.

TRANSITION REGION — Those areas north of the Chesapeake and Delaware Canal andsouth of Interstate I-95, including the Elk Neck Peninsula.

VARIANCE — The modification of the minimum stormwater management requirements forspecific circumstances such that strict adherence to the requirements would result inunnecessary hardship and not fulfill the intent of this chapter.

WAIVER — The reduction of stormwater management requirements by the Cecil CountyDepartment of Public Works for a specific development on a case-by-case review basis.

A. QUALITATIVE STORMWATER MANAGEMENT WAIVER — Includes water qualityvolume and recharge volume design parameters.

B. QUANTITATIVE STORMWATER MANAGEMENT WAIVER — Includes channelprotection storage volume, overbank flood protection volume, and extreme flood volumedesign parameters.

WATERCOURSE — Any natural or artificial stream, river, creek, ditch, channel, canal,conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any adjacent areathat is subject to inundation from overflow or floodwater.

WATER QUALITY VOLUME (WQv) — The volume needed to capture and treat the runofffrom 90% of the average annual rainfall volume at a development site. Methods forcalculating the water quality volume are specified in the Design Manual.

WATERSHED — The total drainage area contributing runoff to a single point.

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ARTICLE IIIApplicability

§ 325-5. Control measures required.

No person shall develop any land for residential, commercial, industrial, or institutional useswithout having provided stormwater management measures that control or manage runofffrom such developments, except as provided within this article. The stormwater managementmeasures must be designed consistent with the Design Manual and constructed according toan approved plan for new development or the policies stated in § 325-8 for redevelopment.


A. Requests for exemptions to the requirements of the Cecil County StormwaterManagement Ordinance must be submitted in writing to the Department of Public Works,in the case where a building or grading permit is required.6

B. The following development activities are exempt from the provisions of this chapter andthe requirements of providing stormwater management:

(1) Agricultural land management practices.

(2) Additions or modifications to existing single-family detached residential structuresif they comply with Subsection B(3) below.

(3) Developments that do not disturb more than 5,000 square feet of land area.

(4) Land development activities that the Administration determines will be regulatedunder specific State of Maryland laws which provide for managing stormwaterrunoff.

§ 325-7. Waivers; watershed management plans.

A. Except as provided in Subsections B and D, the Cecil County Department of PublicWorks shall grant stormwater management quantitative control waivers only to thoseprojects within areas where watershed management plans have been developed consistentwith Subsection F of this section. Written requests for quantitative stormwatermanagement waivers shall be submitted that contain sufficient descriptions, drawings,and any other information that is necessary to demonstrate that ESD has beenimplemented to the MEP. A separate written waiver request shall be required inaccordance with the provisions of this section if there are subsequent additions,extensions, or modifications to a development receiving a waiver.

B. Except as provided in Subsection D, if watershed management plans consistent withSubsection F of this section have not been developed, stormwater managementquantitative control waivers may be granted to the following projects, provided that it hasbeen demonstrated that ESD has been implemented to the MEP:


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(1) Projects that have direct discharges to tidally influenced receiving waters; or

(2) Projects that are in-fill development located in a priority funding area where theeconomic feasibility of the project is tied to the planned density, and whereimplementation of the 2009 regulatory environmental site design requirementswould result in a loss of planned development density, provided that:

(a) Public water and sewer and adequate stormwater conveyance exist;

(b) The quantitative waiver is applied to the project for the impervious cover thatpreviously existed on the site only;

(c) ESD to the MEP is used to meet full water quality treatment requirements forthe entire development; and

(d) ESD to the MEP is used to provide full quality control for all newimpervious surfaces; or

(3) When the Cecil County Department of Public Works determines that siteconditions exist that prevent the reasonable implementation of quantity controlpractices.

C. Except as provided in Subsection D, stormwater management qualitative control waiversapply only to:

(1) In-fill development projects where ESD has been implemented to the MEP and ithas been demonstrated that additional BMPs are not feasible;

(2) Sites where the Cecil County Department of Public Works has determined that siteconditions exist that prevent the reasonable implementation of ESD to the MEP; or

(3) Redevelopment projects, if the requirements of § 325-8 of this chapter aresatisfied.

D. Stormwater management quantitative and qualitative control waivers may be granted forphased development projects if the stormwater management facility designed to meet the2000 regulatory requirements and the Cecil County ordinance for multiple phases hasbeen constructed by May 4, 2010. If the 2009 regulatory requirements cannot be met forfuture phases constructed after May 4, 2010, all reasonable efforts to incorporate ESD infuture phases must be demonstrated.

E. Waivers shall only be granted when it has been demonstrated that ESD has beenimplemented to the MEP and must:

(1) Be on a case-by-case basis;

(2) Consider the cumulative effects of the Cecil County Department of Public Workswaiver policy within the watershed; and

(3) Ensure the development will not adversely impact stream quality and/or impactadjacent or downstream properties.

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F. A watershed management plan developed by the developer/engineer for the purpose ofimplementing different stormwater management policies for waivers and redevelopmentfor a particular watershed shall:

(1) Include detailed hydrologic and hydraulic analyses to determine hydrographtiming;

(2) Evaluate both quality and quantity management, and opportunities for ESDimplementation;

(3) Include a cumulative impact assessment of watershed development whichincorporates historic and current development impacts as well as impacts from theproposed development project;

(4) Identify existing flooding and receiving stream channel conditions;

(5) Be conducted at a reasonable scale (as determined by the Department of PublicWorks);

(6) Specify where on-site or off-site quantitative and qualitative stormwatermanagement practices are to be implemented using ESD to the MEP;

(7) Be consistent with the General Performance Standards for StormwaterManagement in Maryland found in Section 1.2 of the Design Manual; and

(8) Be approved by the Administration.

§ 325-8. Redevelopment.

A. The Department of Public Works defines a redevelopment project as any commercial,industrial, institutional or multifamily residential development where the existing siteimpervious area exceeds 40%. The plan review and approval process shall be inaccordance with § 325-13, Review and approval of stormwater management plans.

B. Stormwater management plans are required by the County for all redevelopment projects,unless otherwise specified by a watershed management plan developed in accordancewith § 325-7F of this chapter. All stormwater management measures must be consistentwith the Design Manual.

C. All redevelopment designs shall:

(1) Reduce impervious area within the limit of disturbance (LOD) by at least 50%according to the Design Manual;

(2) Implement ESD to the MEP to provide water quality treatment for at least 50% ofthe existing impervious area within the LOD; or

(3) Use a combination of Subsection C(1) and (2) of this section for at least 50% ofthe existing site impervious area; and

(4) Exclude the recharge volume, channel protection storage volume and overbankflood protection volume requirements unless specified by the Department of Public

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Works due to concerns with flooding, downstream erosion, and/or impacts toadjoining properties.

D. Alternative stormwater management measures may be used to meet the requirements inSubsection C of this section if the owner/developer satisfactorily demonstrates to theDepartment of Public Works that impervious area reduction has been maximized andESD has been implemented to the MEP. Alternate stormwater management measuresinclude, but are not limited to:

(1) An on-site structural BMP;

(2) An off-site structural BMP to provide water quality treatment for an area equal toor greater than 50% of the existing impervious area; or

(3) A combination of impervious area reduction, ESD implementation, and an on-siteor off-site BMP for an area equal to or greater than 50% of the existing siteimpervious area within the LOD.

E. Stormwater management for any net increase in impervious area shall be addressedaccording to the new development requirements in the Design Manual with qualitativeand quantitative requirements reflecting woods in good condition.

F. Where conditions prevent impervious area reduction or on-site stormwater management,and ESD to the MEP has been implemented, practical structural BMPs may beconsidered; inclusive of a fee-in-lieu of $2 per square foot for 50% of existing and/or100% of new impervious area.

G. Money collected as fees in lieu under this section shall be deposited in a separate accountand shall be specified to be used only to fund the investigation, design, constructionand/or maintenance of stormwater management facilities and/or for stream restorationprojects.

§ 325-9. Variances. 7

The Department of Public Works may grant a written variance from any requirement of§ 325-10 of this chapter, if there are existing site constraints such that strict adherence willresult in unnecessary hardship and not fulfill the intent of this chapter. Economic reasonsalone will not be considered as an obstacle to meeting the MEP requirements. A writtenrequest for a variance shall be provided to the Department of Public Works and shall state thespecific variances sought and the rationale. The Department of Public Works shall only granta variance after determining that sufficient justification has been provided by the applicantdeveloping the land and that the implementation of ESD to the MEP has been investigatedcompletely.


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ARTICLE IVStormwater Management Criteria

§ 325-10. Minimum control requirements.

A. The minimum control requirements established in this section and the Design Manual areas follows:

(1) The Department of Public Works shall require that the planning techniques,nonstructural practices, and design methods specified in the Design Manual beused to implement ESD to the MEP. The use of ESD planning techniques andtreatment practices must be exhausted before any structural BMP is implemented.Stormwater management plans for development projects subject to this chaptershall be designed using ESD sizing criteria, recharge volume, water qualityvolume, and channel protection storage volume criteria according to the DesignManual. The MEP standard is met when channel stability is maintained,predevelopment groundwater recharge is replicated, nonpoint source pollution isminimized, and structural stormwater management practices are used only ifdetermined to be absolutely necessary.

(2) In the coastal plain, the following minimum control requirements apply inaccordance with the Design Manual and must be addressed utilizing ESD to theMEP:

(a) Water quality volume;

(b) Recharge volume;

(c) Channel protection storage volume; and

(d) Overbank flood protection volume for the two-year-frequency storm eventmay be required if the Department determines downstream conditions sowarrant. (Structural practices may be considered only if ESD measuresimplemented to the MEP cannot provide the necessary volume.).

(3) In the Piedmont Region, the following minimum control requirements apply inaccordance with the Design Manual and must be addressed utilizing ESD to theMEP:

(a) Water quality volume;

(b) Recharge volume;

(c) Channel protection storage volume; and

(d) Overbank flood protection volume for the ten-year-frequency storm eventmay be required if the Department determines downstream conditions sowarrant (Structural practices may be considered only if ESD measuresimplemented to the MEP cannot provide the necessary volume.).

(4) Except as provided below, in the Transition Region the minimum controlrequirements shall be those as specified for the Piedmont Region. If an applicant

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demonstrates that the site to be developed within the Transition Region containspredominantly coastal plain characteristics for topography and soils, then theminimum control requirements shall be that of the coastal plain. To be consideredpredominantly coastal plain topography, the average slope on the site to bedeveloped, from the highest elevation to the lowest elevation, must be 8% orlower. To be considered predominantly coastal plain soils, at the concept planphase a soils report indicating that the site to be developed contains greater than50% of soils determined by the Engineer to be classified as coastal plain. At thepreliminary plan phase, the soils report must be certified and sealed by aMaryland-registered geotechnical engineer [See § 325-14(A)(6) for the minimuminformation required in a soils report.] for any proposed structural practices.

(5) In addition to the applicable requirements above, all development andredevelopment activities that take place in the intensely developed areas (IDA) ofthe Chesapeake Bay Critical Area shall result in a reduction of pollutant loadingsfrom the site by at least 10%. The process for determination of pollutant loadingreduction shall be as outlined by the Critical Areas Commission in "A Frameworkfor Evaluation of Compliance with the 10% Rule in the Critical Area," April 1987,or a comparable methodology as approved by the Department of Public Works.

(6) The Department of Public Works may require more than the minimum controlrequirements for overbank flood protection for the two- and ten-year-frequencystorm event if hydrologic or topographic conditions warrant or if flooding, streamchannel erosion, or water quality problems exist downstream from the proposedproject.

B. Stormwater management and development plans, where applicable, shall be consistentwith adopted and approved watershed management plans or flood management plans asapproved by the Maryland Department of the Environment in accordance with the FloodHazard Management Act of 1976.8

§ 325-11. Stormwater management measures.

The ESD planning techniques and practices and structural stormwater management measuresestablished in this chapter and Design Manual shall be used, either alone or in combination, ina stormwater management plan. A developer shall demonstrate that ESD has beenimplemented to the MEP before the use of a structural BMP is considered in developing thestormwater management plan.

A. ESD planning techniques and practices.

(1) The following planning techniques shall be applied according to the DesignManual to satisfy the applicable minimum control requirements established in§ 325-10 of this chapter:

8. Editor's Note: See Environment Article, Title 5, Subtitle 8, § 5-801 et seq., Annotated Code of Maryland.

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(a) Preserving and protecting natural resources;

(b) Conserving natural drainage patterns;

(c) Minimizing impervious area;

(d) Reducing runoff volume;

(e) Using ESD practices to maintain 100% of the annual predevelopmentgroundwater recharge volume;

(f) Using green roofs, permeable pavement, reinforced turf, or other alternativesurfaces;

(g) Limiting soil disturbance, mass grading, compaction and placing four inchesof topsoil on any area(s) which has been disturbed;

(h) Clustering development; and

(i) Any practices approved by the Administration.

(2) The following ESD treatment practices shall be designed according to the DesignManual to satisfy the applicable minimum control requirements established in§ 325-10 of this chapter:

(a) Disconnection of rooftop runoff;

(b) Disconnection of non-rooftop runoff;

(c) Sheet flow to conservation areas;

(d) Rainwater harvesting;

(e) Submerged gravel wetlands;

(f) Landscape infiltration;

(g) Infiltration berms;

(h) Dry wells;

(i) Micro-bioretention;

(j) Rain gardens;

(k) Swales;

(l) Enhanced filters; and

(m) Any practices approved by the Administration.

(3) The use of ESD planning techniques and treatment practices specified in thissection shall not conflict with existing state law or local ordinances, regulations, orpolicies. Counties and municipalities shall modify planning and zoning ordinancesand public works codes to eliminate any impediments to implementing ESD to the

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MEP according to the Design Manual. In the event that there is a conflict betweenlocal ordinances and the Cecil County Stormwater Management Ordinance, theStormwater Management Ordinance shall take precedence.

B. Structural stormwater management measures.

(1) The following structural stormwater management practices shall be designedaccording to the Design Manual to satisfy the applicable minimum controlrequirements established in § 325-10 of this chapter:

(a) Stormwater management ponds;

(b) Stormwater management wetlands;

(c) Stormwater management infiltration;

(d) Stormwater management filtering systems; and

(e) Stormwater management open channel systems.

(2) The performance criteria specified in the Design Manual with regard to generalfeasibility, conveyance, pretreatment, treatment and geometry, environment andlandscaping, and maintenance shall be considered when selecting structuralstormwater management practices.

(3) Structural stormwater management practices shall be selected to accommodate theunique hydrologic or geologic regions of the state.

C. ESD planning techniques and treatment practices and structural stormwater managementmeasures used to satisfy the minimum requirements in § 325-10 of this chapter must becontained within an easement recorded in the land records of Cecil County and remainunaltered by subsequent property owners. Whenever feasible, ESD planning techniquesand treatment practices and structural stormwater management measures must becontained within common open space areas. Placing stormwater management measureswithin areas which will become County right-of-way should be avoided. Prior approvalfrom the Department of Public Works shall be obtained before any stormwatermanagement practice is altered.

D. Alternative ESD planning techniques and treatment practices and structural stormwatermeasures may be used for new development runoff control if they meet the performancecriteria established in the Design Manual and all subsequent revisions and are approvedby the Administration. Practices used for redevelopment projects shall be approved bythe Department of Public Works.

E. For the purposes of modifying the minimum control requirements or design criteria, theowner/developer shall submit to the Department of Public Works an analysis of theimpacts of stormwater flows downstream in the watershed. The analysis shall includehydrologic and hydraulic calculations necessary to determine the impact of hydrographtiming modifications of the proposed development upon a dam, highway, structure, ornatural point of restricted stream flow. The point of investigation is to be establishedwith the concurrence of the Department of Public Works, downstream of the first

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downstream tributary whose drainage area equals or exceeds the contributing area to theproject or stormwater management facility.

§ 325-12. Specific design criteria.

The basic design criteria, methodologies, and construction specifications, subject to theapproval of the Department of Public Works and the Administration, shall be those of theDesign Manual.

ARTICLE VStormwater Management Plans

§ 325-13. Review and approval of plans.

A. For any proposed development, the developer shall submit a stormwater managementplan to the Department of Public Works for review and approval, unless otherwiseexempted. The plans shall be submitted for concept, preliminary and final stormwatermanagement plan approval. Each plan submittal shall include the content specified in§ 325-14 of this chapter, the latest stormwater management plans review checklist andshall meet the requirements of the Design Manual and § 325-10 of this chapter.

B. The Department of Public Works shall perform a comprehensive review of thestormwater management plans for each phase of the plan review process. In addition, theowner/developer shall submit stormwater management plans for each phase of the planreview process to all members of the Technical Advisory Committee, which includes, butis not limited to, the Cecil County Department of Planning and Zoning, Cecil SoilConservation District, Cecil County Health Department, the citizens representative, and,if applicable, the Maryland State Highway Administration and the planning offices of theincorporated town in which the project is located. All comments from the Department ofPublic Works and the other appropriate agencies shall be addressed and approval lettersreceived from each applicable agency or department for each phase of the project designprior to progressing to the next phase in the approval process.9

C. Review by Soil Conservation District.

(1) The Cecil Soil Conservation District (CSCD) may provide stormwater managementtechnical assistance, plan review and approval and construction inspection ofprojects which meet all of the following criteria:

(a) The parcel on which the project occurs is assessed as agricultural use per theTax Property Article of the Annotated Code of Maryland, § 8-209;

(b) The parcel on which the project occurs is larger than 10 acres;

(c) The parcel on which the project occurs has a current soil and water qualityconservation plan which is being implemented; and


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(d) The proposed agricultural activity meets the criteria of an agriculturalstructure.

(2) In order for the proposed agricultural activity to be reviewed by the CSCD, atechnical assistance request form must be submitted by the property owner andapproved by the CSCD. If the CSCD determines that the proposed agriculturalactivity does not meet the above criteria or that the CSCD does not have thenecessary resources to provide technical assistance, the proposed agriculturalactivity must meet all requirements for review and approval by the Department ofPublic Works.

(3) The CSCD has the same responsibility, powers and privileges established inArticle VIII, Inspection, and Article XI, Penalties, of this chapter for any proposedagricultural activity which is provided technical assistance.

D. Under certain circumstances, the Department of Public Works may allow projects withminimum impacts to proceed from concept approval directly to final approval, providedthat:

(1) Compliance with ESD to the MEP standard is demonstrated;

(2) All of the information required for each plan review phase is included; and

(3) The project meets most, if not all, of the limitations contained on the Cecil Countystandard stormwater management plan and the Cecil County Soil ConservationDistrict standard erosion and sediment control plan.

E. The following are the submittal procedures for the three phases of the stormwatermanagement approval process:

(1) Stormwater management concept plan review and approval.

(a) The stormwater management concept plan must be submitted by theowner/developer and approved by all agencies and departments specified inSubsection B of this section prior to submitting the concept plat for approvalto the Cecil County Planning Commission. The owner/developer must submitthe conceptual stormwater management plan to all specified agencies anddepartments prior to or at the time of submittal of the concept plat to theDepartment of Planning and Zoning for Technical Advisory Committeereview.10

(b) In incorporated towns in which the County is responsible for the review andapproval of stormwater management plans and the inspection of stormwaterfacilities, it is the responsibility of the town(s) to revise the zoning codeand/or subdivision regulations to incorporate the stormwater managementconcept plan review process specified in this chapter within its developmentreview process.


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(c) In incorporated towns in which the County is responsible for the review andapproval of stormwater management plans and the inspection of stormwaterfacilities, the stormwater management concept plan must be submitted by theowner/developer and approved by all agencies and departments specified inSubsection B of this section prior to approval of the concept plan/plat by thetown.

(d) For all development projects that do not require approval by the Cecil CountyPlanning Commission, but for which stormwater management approval isrequired, a conceptual stormwater management plan must be reviewed andapproved by all agencies and departments as specified in Subsection B of thissection.

(e) For all developments located within an incorporated town in which theCounty is responsible for the review and approval of stormwater managementplans and the inspection of stormwater facilities, which do not requireconcept plan/plat approval by the town, a conceptual stormwater managementplan must be reviewed and approved by all agencies and departments asspecified in Subsection B of this section.

(2) Stormwater management preliminary plan review and approval.

(a) The stormwater management preliminary plan must be submitted by theowner/developer and approved by all agencies and departments specified inSubsection B of this section prior to submitting the preliminary plat forapproval to the Cecil County Planning Commission. The owner/developermust submit the preliminary stormwater management plan to all specifiedagencies and departments prior to or at the time of submittal of thepreliminary plat to the Department of Planning and Zoning for TechnicalAdvisory Committee review.11

(b) In incorporated towns in which the County is responsible for the review andapproval of stormwater management plans and the inspection of stormwaterfacilities, it is the responsibility of the town(s) to revise the zoning codeand/or subdivision regulations to incorporate the stormwater managementpreliminary plan review process specified in this chapter within itsdevelopment review process.

(c) In incorporated towns in which the County is responsible for the review andapproval of stormwater management plans and the inspection of stormwaterfacilities, the stormwater management preliminary plan must be submitted bythe owner/developer and approved by all agencies and departments asspecified in Subsection B of this section prior to approval of the preliminaryplan/plat by the town.

(d) For all developments that do not require approval by the Cecil CountyPlanning Commission, a preliminary stormwater management plan must bereviewed and approved by all agencies and departments as specified in


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Subsection B of this section. Under certain circumstances, the Department ofPublic works may allow projects with minimum impacts to proceed fromconcept approval directly to final approval, provided that:

[1] Compliance with ESD to the MEP standard is demonstrated;

[2] All information required for each plan review phase is included; and

[3] The project meets most if not all of the limitations contained on theCecil County standard stormwater management plan and the CecilCounty Soil Conservation District standard erosion and sediment controlplan.

(e) For all developments located within an incorporated town in which theCounty is responsible for the review and approval of stormwater managementplans and the inspection of stormwater facilities, which do not requirepreliminary plan/plat approval by the town, a preliminary stormwatermanagement plan must be reviewed and approved by all agencies anddepartments as specified in Subsection B of this section. At the request of theowner/developer, the preliminary stormwater management plan reviewprocess may be waived by the Department of Public Works for smalldevelopment projects and the owner/developer may proceed directly to thefinal stormwater management plan review process.

(3) Stormwater management final plan review and approval.

(a) The final stormwater management plan must be submitted by theowner/developer and approved by all agencies and departments specified inSubsection B of this section prior to submitting the final plat for approval tothe Cecil County Planning Commission.

(b) In incorporated towns in which the County is responsible for the review andapproval of stormwater management plans and the inspection of stormwaterfacilities, it is the responsibility of the town(s) to revise the zoning codeand/or subdivision regulations to incorporate the stormwater managementfinal plan review process specified in this chapter within its developmentreview process.

(c) Incorporated towns in which the County is responsible for the review andapproval of stormwater management plans and the inspection of stormwaterfacilities, the stormwater management final plan must be submitted by theowner/developer and approved by all agencies and departments as specifiedin Subsection B of this section prior to approval of the final plat by the town.

(d) For all developments that do not require approval by the Cecil CountyPlanning Commission, a final stormwater plan must be reviewed andapproved by all agencies and departments as specified in Subsection B of thissection prior to the approval of the grading permit.

(e) For all developments located within an incorporated town in which theCounty is responsible for the review and approval of stormwater management

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plans and the inspection of stormwater facilities, which do not require townapproval of a final plat, a final stormwater management plan must bereviewed and approved by all agencies and departments as specified inSubsection B of this section prior to the approval of the grading permit.

F. Notification of approval or reasons for disapproval or modification shall be given to theowner/developer within 30 working days after submission of the completed stormwaterplan by all review agencies or departments, throughout the three phases of the planreview process. If a decision is not made within 30 days of submission, the applicantshall be informed of the status of the review process and the anticipated completion date.The stormwater management plan shall not be considered approved without the inclusionof the signature and date of signature of an authorized representative of the Departmentof Public Works on the plan.12

G. The owner/developer shall resubmit plans in a timely manner throughout the three phasesof the plan review process. If the Department of Public Works has not received the plansubmittal addressing the Department's comments or a letter from the developer or thedeveloper's engineer requesting an extension within 180 working days (from the datecomments are provided), the County will purge the files and the owner/developer will berequired to resubmit the project at the beginning of the stormwater management reviewprocess for the phase for which the project has not received Department of Public Works'approval. All fees shall be assessed accordingly. Letters requesting an extension of theresubmission time line shall be reviewed independently for each project and anymitigating factors will be taken into account by the Department of Public Works prior torendering a decision. After reviewing the request, the Department of Public Works maygrant an extension for a maximum of 180 working days. An extension may be grantedbeyond the initial extension at the discretion of the Department of Public Works.

§ 325-14. Contents of plans.

The developer is responsible for submitting a stormwater management plan and a narrative foreach phase of the plan review process that meets the design requirements of this chapter. Thenarrative and plans submitted shall provide the necessary information to ensure that allsignificant natural resources have been mapped and protected, all opportunities to enhancenatural areas have been explored, impervious area minimized, nonstructural practices used,and the use of alternative surfaces explored. Microscale practices should be used to captureand treat runoff and structural practices may only be used when all options for the use ofenvironmental site design have been exhausted. The developer shall certify on the finalstormwater management plans that all clearing, grading, drainage, construction, anddevelopment shall be conducted in strict adherence with the plan. The developer must submita plan that under proposed development conditions maintains the existing drainage patternsfor each individual drainage area. All reasonable efforts, utilizing ESD to the MEP, must bemade to avoid the redirection of runoff from a particular drainage area to another drainagearea. The minimum information for each phase of the stormwater management plan approvalprocess submitted for approval shall include, but is not limited to, the following:


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A. Concept plan phase. The owner/developer shall submit a concept plan that providessufficient information for an initial assessment of the proposed project and ensurecompliance with § 325-11 of this chapter and the Design Manual. Plans submitted forconcept approval shall include the following minimum information:

(1) A map (minimum one-hundred-foot scale) showing the site location, existingnatural features, wetlands, streams, sensitive resources, topography, soilboundaries, the natural drainage patterns, and the one-hundred-year floodplain;

(2) Location of proposed and/or anticipated impervious areas (i.e., buildings, roads,sidewalks, parking lots, driveways, etc.);

(3) Location of the proposed limit of disturbance (LOD), erodible soils, existing slopesfrom 15% to 25%, existing slopes greater than 25% and forested areas to beprotected;

(4) Calculations to determine stormwater management requirements and the selectionof ESD practices to be used;

(5) Location of the proposed ESD practices to be used and all points of discharge fromthe site;

(6) A soils report containing information generated from the Web Soil Survey(http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx) which includes themap unit symbol, map unit name, map unit acres in the area of interest (AOI),percent of map unit in the AOI, the map unit description for each soil type, thehydrologic soil group, drainage class, hydric rating, depth to water table, unifiedsoil classification and parent material name;

(7) If the proposed site consists predominately of C and D soils, a preliminarygeotechnical study may be required to determine the location and feasibility ofproposed ESD practices. It will be the responsibility of the design engineer todetermine the level of detail required within the geotechnical report to provide afeasible conceptual design;

(8) A narrative that supports the concept design and describes how ESD will beimplemented to the MEP. Any subsequent submissions must incorporate a list ofall comments received from all of the reviewing agencies/departments and howeach comment was addressed;

(9) Proposed sewage areas and wells;

(10) Location of existing wells and septics within 100 feet of the property line; and

(11) Any additional information as specified in the Cecil County Department of PublicWorks Stormwater Management Checklist.

B. Preliminary plan phase. Following concept plan approval by the Cecil CountyDepartment of Public Works, and other appropriate departments and/or agencies, theowner/developer shall submit a preliminary plan that includes detailed designs forstormwater management and erosion and sediment control practices. To ensure that all

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options for implementing environmental site design have been exhausted, detaileddesigns, computations, and grading plans must be submitted for a comprehensive reviewand approval. Plans submitted for review shall include the following minimuminformation:

(1) A map (minimum fifty-foot scale) showing existing natural features, wetlands,streams, sensitive resources, existing topography, the natural drainage patterns, andone-hundred-year floodplain;

(2) Final site layout with exact impervious area locations and acreages, proposedgrading (at two-foot intervals), delineated drainage areas with all proposed pointsof discharge from the site, all required easements, and the location of allenvironmental site design practices and quantity control structures;

(3) Location of the proposed limit of disturbance (LOD) soil classifications, erodiblesoils, steep slopes, and forested areas to be protected;

(4) Geotechnical investigation, including soil maps, borings, site-specificrecommendations, and any additional information necessary to justify proposeddesign;

(5) Stormwater management volume computations to confirm the selection of theenvironmental site design and structural practices being proposed;

(6) An erosion and sediment control plan that contains the construction sequence, anyphasing necessary to limit earth disturbances, impacts to natural resources, anoverlay plan showing the types and locations of environmental site design anderosion and sediment control practices proposed and any additional information asrequired by the Cecil Soil Conservation District minimum plan requirementschecklist;

(7) A narrative that supports the site development design, describes howenvironmental site design will be used to meet the minimum control requirementsto the maximum extent practicable and justifies any proposed structural stormwatermanagement measure. The narrative must incorporate a list of all commentsreceived from all of the reviewing agencies/departments and how each commentwas addressed (Comments shall pertain only to the environmental site design ineach phase.);

(8) Location of existing wells and septics that are within 100 feet from the propertyline;13

(9) Proposed wells, septic reserve areas, septic tanks, pump tanks, sewer lines, andpercolation holes; and

(10) Any additional information as specified in the Cecil County Department of PublicWorks Stormwater Management Checklist.


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C. Final plan phase. Following preliminary plan approval by the Cecil County Departmentof Public Works and other responsible departments and/or agencies, the owner/developershall submit final construction drawings for sediment and erosion control and stormwatermanagement. The stormwater management and sediment and erosion control plans mustreceive final plan approval prior to the issuance of the grading and building permits.

(1) Plans submitted for final approval shall be of sufficient detail to allow allapprovals and permits to be issued according to the following:

(a) Final erosion and sediment control plans in accordance with COMAR26.17.01.05; and

(b) Stormwater management construction plans and computations that includesufficient information to evaluate the effectiveness of the proposed design.

(2) Stormwater management construction plans submitted for review and approvalshall include the following minimum information:

(a) A vicinity map;

(b) Existing and proposed topography (at two-foot intervals) and drainage areas,including areas necessary to determine downstream analysis for proposedstormwater management facilities;

(c) All proposed improvements (i.e., buildings, driveways, parking lots, roadsetc.);

(d) All grading and location of all nonstructural and structural environmental sitedesign practices and quantity control structures;

(e) The location of existing and proposed structures and utilities;

(f) Proposed easements and rights-of-way;

(g) The delineation, if applicable, of the one-hundred-year floodplain and anyon-site wetlands, streams, waterways and/or other sensitive environmentalresources;

(h) Structural and construction details, including representative cross sections forall components of the proposed drainage system or systems, and stormwatermanagement facilities;

(i) All necessary construction specifications and details;

(j) A sequence of construction;

(k) Data for the total site area, disturbed area, new impervious area, and totalimpervious area;

(l) A table showing the environmental site design and unified sizing criteriavolumes required in the Design Manual;

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(m) A landscape plan sealed by a Maryland-registered landscape architect,engineer, or land surveyor which meets all requirements of the SWMLandscape Plan Guidance Manual;

(n) All soil borings logs and locations shown on the plan;

(o) An inspection and maintenance schedule;

(p) Certification by the owner/developer that all stormwater managementconstruction will be completed in accordance with the approved plan;

(q) Certification by the engineer that the design is in accordance with thischapter and the Design Manual;

(r) An as-built certification signature block to be executed after projectcompletion;

(s) Proposed sewage areas, wells, septic tanks, pump tanks, sewer lines,percolation holes, and existing wells and septic areas 100 feet from theproperty line;

(t) Stormwater management computations, including but not limited to thefollowing:

[1] Geotechnical investigations, including soil maps, borings, site-specificrecommendations, and any additional information necessary to supportthe stormwater management design proposed;

[2] Drainage area maps depicting predevelopment and post-developmentrunoff flow path segmentation and land use;

[3] Hydrologic computations of the applicable environmental site designand unified sizing criteria according to the Design Manual for all pointsof discharge from the site;

[4] Hydraulic and structural computations for all environmental site designpractices and structural stormwater measures to be used; and

[5] A narrative that supports the final stormwater management design. Thenarrative must incorporate a list of all comments received from all ofthe reviewing agencies/departments and how each comment wasaddressed. Comments shall pertain only to the environmental site designin each phase.

(u) If any stormwater management measures are proposed to act as sedimentcontrol devices during site construction, the plan must include details for theconversion from sediment control phase to stormwater management phase,with a note indicating that the timing of conversion must be approved by theDepartment of Public Works, but generally conversion will not be permittedbetween November 15 and April 1; and

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(v) Any additional information as specified in the Cecil County Department ofPublic Works Stormwater Management Checklist.

(3) If a stormwater management plan involves the direction or redirection of some orall runoff off of the site, it is the responsibility of the owner/developer to obtainfrom adjacent property owners any easement or other necessary property interestconcerning the discharge of water prior to approval of the final stormwatermanagement plan. Approval of a stormwater management plan does not create oraffect any right to redirect and/or concentrate runoff onto an adjacent propertywithout that property owner's permission and the developer must secure suchpermission at his cost.

§ 325-15. Preparation of plans.

A. The design of stormwater management plans shall be prepared by any individualpermitted to do so by the specific State of Maryland law(s) governing preparation of suchplans. The Department of Public Works may disapprove any stormwater managementplan prepared by an individual who does not provide proof of qualification and State ofMaryland professional licensure to prepare said plans. If a stormwater management planrequires either a dam safety permit from Maryland Department of the Environment orsmall pond approval from the Cecil County Soil Conservation District, the Department ofPublic Works shall require that the design be prepared by a professional engineerlicensed in the State of Maryland.

B. A standard stormwater management plan for development on individual single-familyresidential lots may be utilized if the project meets all the limitations identified on thestandard plan.

ARTICLE VIPermits

§ 325-16. Permit requirements.

A grading and/or building permit shall not be issued for any parcel or lot unless an erosionand sediment control plan has been approved by the Cecil Soil Conservation District and astormwater management plan has been approved by the Cecil County Department of PublicWorks as meeting all the requirements of the Design Manual and this chapter. A gradingand/or building permit may not be issued without:

A. Recorded easements for the stormwater management facility and easements to provideadequate access for inspection and maintenance from a public right-of-way;

B. A recorded stormwater management inspection and maintenance agreement andbeneficial users plan as described in § 325-25 of this chapter;

C. A performance bond as described in § 325-20 of this chapter; and

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D. Recorded easements from adjacent property owners if runoff is redirected off of the site,inclusive of stormwater management BMP outfalls and outfalls to tidally influencedwaters or wetlands.

§ 325-17. Permit fees.

A nonrefundable fee will be collected at each phase of the stormwater management planreview and approval process. The fee will provide for the cost of plan review, administration,and management of the approval process. A fee for inspection of all projects subject to thischapter will be required prior to final approval of the stormwater management plan. All feesshall be in accordance with the fee schedule adopted by the County, as may be amended fromtime to time.

§ 325-18. Plan and permit suspension and revocation.

Any grading permit issued by the Department of Public Works and any building permit whichrequires Department of Public Works review and/or approval may be suspended or revoked.The Department of Public Works may suspend the review of a plan currently under reviewand/or require revisions to a plan previously approved. None of the above actions shall betaken by the Department until after written notice is given to the permittee for any of thefollowing reasons:

A. Any violation(s) of the conditions of the stormwater management and/or erosion andsediment control plan approval.

B. Changes in site runoff characteristics upon which an approval was granted.

C. Construction is not in accordance with the approved plan or permit.

D. Noncompliance with the notice of violation(s) or stop-work order(s) issued for theproject/site.

E. An immediate danger exists in a downstream area in the opinion of the Department ofPublic Works.

§ 325-19. Permit conditions.

In granting the plan approval for any phase of the stormwater management plan review andapproval process, the Department of Public Works may impose such conditions as may bedeemed necessary to ensure compliance with the provisions of this chapter and thepreservation of the public health and safety.

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ARTICLE VIIPerformance Guaranty

§ 325-20. Financial assurance.

A. The Department of Public Works shall require from the developer a surety or cash bond,irrevocable letter of credit, or performance bond prior to the issuance of any gradingpermit for the construction of a development requiring a stormwater management facility.The amount of the security shall not be less than the total estimated construction cost ofthe stormwater management facility, site grading, structures necessary to convey runoffto the stormwater facility and the estimated construction cost of all erosion and sedimentcontrol best management practices (including temporary and permanent stabilization).The bond required in this section shall include provisions relative to forfeiture for failureto complete work specified in the approved stormwater management plan, compliancewith all of the provisions of this chapter, and other applicable laws and regulations, andany time limitations.

B. The bond shall not be fully released without a final inspection of the completed work bythe Department of Public Works, submission and approval of "as-built" plans and relateddocumentation (as required by the Department of Public Works' stormwater managementas-built checklist), and certification of completion by the Department of Public Worksthat the stormwater management facilities comply with the approved plan and theprovisions of this chapter. Upon completion of the stormwater management facilities, theowner/developer may submit a written request along with the required reports andcertifications for a partial release of the stormwater management bond. After review andapproval, the Department of Public Works may release a portion of the bond, but in nocase will the partial release exceed 20% of the original bond amount. The remaining 8%will be released upon completion of the project and the review and approval of thestormwater management as-built plans.

ARTICLE VIIIInspection

§ 325-21. Access, search warrants and site safety.

A. The Department of Public Works shall be permitted to enter and inspect sites subject toregulation under this chapter as often as may be deemed necessary by the Department todetermine compliance with this chapter. Unreasonable delays in allowing the Departmentof Public Works access to a site regulated under this chapter are a violation of thischapter. A person who is the operator of a site regulated under this chapter commits anoffense if the person denies the Department of Public Works reasonable access to the sitefor the purpose of conducting any activity authorized or required by this chapter. Theowner/developer or its representative(s) must:

(1) Allow the Department of Public Works ready access to all parts of the premises forthe purposes of inspecting, sampling, monitoring and the performance of anyadditional duties necessary to complete activities authorized under this chapter;

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(2) Promptly remove, at the written or oral request of the Department of PublicWorks, any temporary or permanent obstruction that prohibits safe and easy accessto the site. The obstruction shall not be replaced unless authorized by theDepartment. The costs of clearing such access shall be borne by the owner.

B. Search warrants. If the Department of Public Works has been refused access to any partof a site which is regulated or believed to be regulated under this chapter, and theDepartment of Public Works is able to demonstrate probable cause to believe that theremay be a violation of this chapter or that there is a need to inspect as part of a routineinspection and monitoring program designed to verify compliance with this chapter, or toprotect the overall public health, safety, and welfare of the community, then theDepartment of Public Works may seek issuance of a search warrant from any court ofcompetent jurisdiction.

C. Site safety.

(1) The contractor must, on a daily basis, evaluate potential work hazards and theappropriate safety measures necessary to ensure the safe performance of all workregardless of schedule or cost implications. All appropriate measures must be takento ensure the safety of contractor employees, County personnel, and the public.

(2) The Federal Occupational Safety and Health Act of 1970 (OSHA) and theMaryland Occupational Safety and Health Act of 1973 (MOSHA)14 provide jobsafety and health protection for workers through the promotion of safe andhealthful working conditions throughout the workplace. All work performed shallbe consistent with the following guidelines and references and in compliance withall applicable local, state, and federal regulations and standards, including, but notlimited to:

(a) Occupational Safety and Health Administration (OSHA) ConstructionIndustry Standards, 29 CFR 1926, and General Industry Standards, 29 CFR1910.

(b) National Fire Protection Association (NFPA) 327.

(3) In the case that these requirements are conflicting, the one which offers thegreatest protection shall be followed.

§ 325-22. Inspection schedule and reports.

A. The developer shall notify the Department of Public Works 48 hours prior tocommencing any work in conjunction with the site development and the stormwatermanagement plan. Work may not begin at a site regulated under this chapter until apreconstruction meeting is held with or waived by the Department of Public Works. TheDepartment of Public Works must also be contacted upon completion of the project torequest a final inspection of the project/site.

14. Editor's Note: See Labor and Employment Article, Title 5, § 5-101 et seq., Annotated Code of Maryland.

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B. Routine inspections shall be conducted and documented by the Department of PublicWorks or its authorized representative. Inspection reports shall be made of the periodicinspections necessary during construction of stormwater management systems to ensurecompliance with the approved plans. If the Department of Public Works observes that thematerials and/or methods of construction of the stormwater management measures is notin accordance with the approved plan, enforcement actions shall be pursued inaccordance with § 325-28A.

C. Inspections shall be conducted and documented by the owner's/developer's geotechnicalengineer or authorized representative to ensure that construction of all stormwatermanagement measures is in accordance with the approved plans. The individual(s)responsible for verification of the construction methods and materials and theindividual(s) responsible for submission of the stormwater management as-built planmust be identified and present at the site preconstruction meeting. Written inspectionreports shall be submitted to the Department of Public Works by the developer'sgeotechnical engineer or authorized representative on a weekly basis and following eachinspection stage specified in Subsection A during construction of stormwatermanagement systems to ensure compliance with the approved plans.

D. Inspection reports shall include:

(1) The date and location of the inspection;

(2) Whether construction was in compliance with the approved stormwatermanagement plan;

(3) Any variations from the approved construction specifications; and

(4) Any violations that exist.

E. The owner/developer and on-site personnel shall be notified in writing by theowner's/developer's geotechnical engineer or authorized representative when violationsare observed. Written notification shall describe the nature of the violation(s) and thecorrective actions required.

F. The owner/developer and on-site personnel shall be issued a notice of violation by theDepartment of Public Works when violations are observed. The notice of violation shalldescribe the nature of the violation(s) and the corrective action(s) required.

G. The owner/developer or authorized representative must contact the Department of PublicWorks to request an inspection following completion of all required remedial repairscontained in the notice of violation.

H. No additional site work shall proceed until the Department of Public Works inspects andapproves the remedial repairs contained in the notice of violation. The Department ofPublic Works shall furnish the owner/developer and on-site personnel with the results ofthe inspection as soon as possible after completion of the inspection.

I. Under no circumstance whatsoever shall verbal permission, given at any time by anyperson, be considered as a justification for any work to be accomplished or any deviationfrom approved plans to be made which violates any of these regulations.

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§ 325-23. Inspection during construction.

A. The developer shall engage the services of a professional engineer, a professionalgeotechnical engineer licensed in the State of Maryland or a qualified soil scientist to bepresent on the site and prepare reports of findings at the following specified stages ofconstruction. Failure of the developer, engineer, geotechnical engineer or their authorizedrepresentative to notify the Department of Public Works inspector when "specifiedstages" of construction will occur and failure to have a qualified representative presentduring the construction of these "specified stages" may result in the County requiringreconstruction of the facility and/or additional testing. The stormwater managementmeasures below must be inspected by an authorized representative of the developer at thefollowing "specified stages":

(1) For ponds:

(a) Upon completion of excavation to subfoundation and, when required,installation of structural supports or reinforcement for structures, including,but not limited to:

[1] Core trenches for structural embankments;

[2] Inlet and outlet structures, anti-seep collars or diaphragms, andwatertight connectors on pipes; and

[3] Trenches for enclosed storm drainage facilities.

(b) During placement of structural fill, concrete, and installation of piping andcatch basins;

(c) During backfill of foundations and trenches;

(d) During embankment construction; and

(e) Upon completion of final grading and establishment of permanentstabilization.

(2) For wetlands:

(a) At the stages specified for pond construction in Subsection A(1) of thissection;

(b) During and after wetland reservoir area planting; and

(c) During the second growing season to verify a vegetation survival rate of atleast 50%.

(3) For infiltration trenches:

(a) During excavation to subgrade;

(b) During placement and backfill of underdrain systems and observation wells;

(c) During placement of geotextiles and all filter media;

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(d) During construction of appurtenant conveyance systems such as diversionstructures, prefilters and filters, inlets, outlets, and flow distributionstructures; and


(4) For infiltration basins:

(a) At the stages specified for pond construction in Subsection A(1) of thissection; and

(b) During placement and backfill of underdrain systems.

(5) For filtering systems:


(b) During placement and backfill of underdrain systems;

(c) During placement of geotextiles and all filter media;

(d) During construction of appurtenant conveyance systems such as flowdiversion structures, prefilters and filters, inlets, outlets, orifices and flowdistribution structures; and


(6) For open channel systems:


(b) During placement and backfill of underdrain systems for dry swales;

(c) During installation of diaphragms, check dams, or weirs; and

(d) Upon completion of final grading and establishment of permanentstabilization.

(7) For nonstructural practices:

(a) During excavation to subgrade (if applicable);

(b) During placement of backfill of underdrain systems (if applicable);

(c) During placement of geotextiles and all filter media (if applicable);

(d) During construction of appurtenant inlet and outlet conveyance systems (ifapplicable);

(e) Upon completion of final grading and establishment of permanentstabilization (if applicable) (except as provided for in Chapter 312, Soil

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Erosion and Sediment Control, of the Code of Cecil County regarding lettersof intent applicable to final seeding during non-growing seasons); and

(f) Prior to issuance of certificate of use and occupancy approval (if applicable).

B. Once construction is complete, as-built plan certification shall be submitted by either aprofessional engineer or professional land surveyor licensed in the State of Maryland,except as limited by § 325-15A of this chapter, to ensure that constructed stormwatermanagement practices, conveyance systems, site grading and landscape plantings (ifapplicable) comply with the specifications contained in the approved plans. At aminimum, as-built certification shall include a set of drawings comparing the approvedstormwater management plan with what was constructed. The as-built plan certificationshall be accompanied by the geotechnical certification required in § 325-14C(2)(t)(1).The Department of Public Works may require additional information to assurecompliance with the approved plans. For individual residential lot construction, theas-built certification shall also be submitted by either a professional engineer orprofessional land surveyor licensed in the State of Maryland, prior to approval of thecertificate of occupancy. For stormwater management landscape plans, the as-builtcertification shall be submitted by a registered landscape architect, engineer, or landsurveyor licensed in the State of Maryland.

C. The Department of Public Works shall a submit notice of construction completion formto the Administration on a form supplied by the Administration for each stormwatermanagement practice within 45 days of construction completion. The type, number, totaldrainage area, and total impervious area treated by all ESD techniques and practices shallbe reported to the Administration on a site-by-site basis. If stormwater managementBMPs requiring SCD approval are constructed, a notice of construction completion shallalso be submitted to the Cecil Soil Conservation District.

ARTICLE IXMaintenance

§ 325-24. Maintenance inspection.

A. The Department of Public Works shall ensure that preventative maintenance is performedby inspecting all ESD treatment systems and structural stormwater managementmeasures. Inspection shall occur during the first year of operation and at least once everythree years thereafter. In addition, an inspection and maintenance agreement between theowner and the Department of Public Works shall be executed for privately owned ESDtreatment practices and structural stormwater management measures as described in§ 325-25.

B. Inspection reports shall be maintained by the Department of Public Works for allstormwater management systems.

C. Inspection reports for stormwater management systems shall include the following:

(1) The date of inspection;

(2) Name of inspector;

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(3) The condition of:

(a) Vegetation or filter media;

(b) Fences or other safety devices;

(c) Spillways, valves, or other control structures;

(d) Embankments, slopes and safety benches;

(e) Reservoir or treatment areas;

(f) Inlet and outlet channels or structures;

(g) Underground drainage;

(h) Sediment and debris accumulation in storage and forebay areas;

(i) Any nonstructural practices to the extent practicable; and

(j) Any other item that could affect the proper function of the stormwatermanagement system.

(4) Description of needed maintenance.

D. After notification is provided to the owner of any deficiencies discovered from aninspection of a stormwater management system, the owner shall have 30 days, or othertime frame mutually agreed to between the Department of Public Works and the owner,to correct the deficiencies. The Department of Public Works shall then conduct asubsequent inspection to ensure completion of the repairs.

E. If repairs are not undertaken or are not found to be done properly, then enforcementprocedures following § 325-28 shall be followed by the Department of Public Works.

F. If, after an inspection by the Department of Public Works, the condition of a stormwatermanagement facility presents an immediate danger to the public health or safety, becauseof an unsafe condition or improper maintenance, the Department of Public Works shalltake such action as may be necessary to protect the public and make the facility safe.Any cost incurred by the County shall be assessed against the owner(s) as provided in§ 325-25C.

§ 325-25. Inspection and maintenance agreement and beneficial users plan.

A. Prior to the issuance of a grading permit for which stormwater management approval isrequired, the Department of Public Works shall require the applicant or owner to executean inspection and maintenance agreement binding on all subsequent owners of landserved by a private stormwater management facility. Such agreement shall provide foraccess to the facility at reasonable times for regular inspections by the Department ofPublic Works or its authorized representative to ensure that the facility is maintained inproper working condition to meet design standards. In addition, the owner shall prepare abeneficial users plan in accordance with the latest stormwater management plan review

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checklist to be recorded along with the inspection and maintenance agreement in theCecil County Courthouse.

B. The agreement shall be recorded by the applicant and/or owner in the land records ofCecil County.

C. The agreement shall also provide that if, after notice by the Department of Public Worksto correct a violation requiring maintenance work, satisfactory corrections are not madeby the owner(s) within 30 days, the Department of Public Works may perform allnecessary work to place the facility in proper working condition. The owner(s) of thefacility shall be assessed the cost of the work and any penalties. This may beaccomplished by placing a lien on the property, which may be placed on the tax bill andcollected as ordinary taxes by the County.

§ 325-26. Maintenance responsibility.

A. The owner of the property on which work has been done for private stormwatermanagement facilities, or any other person or agent in control of such property, shallmaintain in good condition and promptly repair and restore all ESD practices, gradesurfaces, walls, drains, dams and structures, vegetation, erosion and sediment controlmeasures, and other protective devices in perpetuity. Such repairs or restoration andmaintenance shall be in accordance with previously approved plans or newly submittedplans.

B. A maintenance schedule shall be developed for the life of any stormwater managementfacility or system of ESD practices and shall state the maintenance to be completed, thetime period for completion, and who shall perform the maintenance. This maintenanceschedule shall be printed on the approved stormwater management plan.

C. If at any time the Department of Public Works or any designated Code EnforcementOfficer of the County determines that an owner, builder or developer has failed toperform maintenance activities for an existing stormwater management facility or hasfailed to finalize the required as-built plans for a stormwater management facility (forwhich he/she is still responsible), notice shall be sent advising said owner, builder ordeveloper of noncompliance with the approved stormwater management plan,maintenance schedule or inspection and maintenance agreement. Until the requiredcorrective actions have been completed or the necessary documentation submitted to theDepartment of Public Works' satisfaction, the Department of Public Works and/or anyappropriate Code Official of the County shall have the power to suspend review of anyapplications, permits or plans submitted by said builder or developer, suspend any of thepermits issued to said builder or developer, withdraw or revoke any permits issued tosaid owner, builder or developer and/or deny further permits or plan approvals requestedby said owner, builder or developer.

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ARTICLE XAppeals

§ 325-27. Right to appeal.

Any person aggrieved by the action of any official charged with the enforcement of thischapter, as the result of the disapproval of a properly filed application for a permit, issuanceof a written notice of violation, or an alleged failure to properly enforce this chapter in regardto a specific application, shall have the right to appeal the action to the Circuit Court for CecilCounty. The appeal shall be filed in writing within 30 days of the date of official transmittalof the final decision or determination to the applicant and shall state clearly the grounds onwhich the appeal is based, and be processed in the manner prescribed for hearingadministrative appeals under the provisions of the Circuit Court for Cecil County.

ARTICLE XIPenalties


It shall be unlawful for any person to violate any provision or fail to comply with any of therequirements of this chapter. Any person who has violated or continues to violate theprovisions of this chapter may be subject to the enforcement actions outlined in this section ormay be restrained by injunction or otherwise abated in a manner provided by law.

A. The Department of Public Works may, for enforcement purposes, use any one or acombination of the following actions:

(1) A notice of violation shall be issued specifying the nature of the violation(s) andthe corrective actions required if stormwater management plan or ordinancenoncompliance is identified;

(2) A stop-work order shall be issued for the site by the Department of Public Worksfor:

(a) Failure to begin corrective actions identified in a notice of violation inaccordance with the general permit;

(b) Failure to complete corrective actions identified in a notice of violation inaccordance with the general permit;

(c) Construction which is not in accordance with the approved stormwatermanagement plan;

(d) Any violation(s) of the conditions of the stormwater management planapproval;

(e) Failure to adhere to the sequence of construction contained on the approvedstormwater management and/or erosion and sediment control plan;

(f) Failure to adhere to the requirements contained in § 325-21;

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(g) Failure to adhere to the requirements contained in § 325-22;

(h) Failure to adhere to the requirements contained in § 325-23; and/or

(i) A violation is of an immediate and serious nature, as determined by theDepartment of Public Works.

(3) Bonds or securities may be withheld or the case may be referred for legal action ifreasonable efforts to correct the violation have not been undertaken.

(4) At any time that the Department of Public Works or any designated CodeEnforcement Officer of the County determines that an owner, builder or developerhas failed to execute grading, roadway, utility or building construction inaccordance with the approved erosion and sediment control or stormwatermanagement plans, notice shall be sent advising said owner, builder or developerof noncompliance with the Code of Cecil County. The notice shall be presumedreceived three days after being mailed to the address provided on the buildingpermit, grading permit or approved construction plans. Until corrective actionshave been completed to the Department of Public Works' satisfaction, theDepartment of Public Works and/or any appropriate Code Official of the Countyshall have the power to suspend review of any applications, permits or planssubmitted by said builder or developer, suspend any of the permits issued to saidbuilder or developer, withdraw or revoke any permits issued to said owner, builderor developer and/or deny further permits or plan approvals requested by saidowner, builder or developer.

(5) In addition to any other sanctions, a civil action or criminal prosecution may bebrought against any person in violation of the Stormwater Management Subtitle,the Design Manual, or this chapter.

B. Any step in the enforcement process may be taken at any time, depending on the severityof the violation.

C. Any person convicted of violating the provisions of this chapter shall be guilty of amisdemeanor and, upon conviction thereof, shall be subject to a fine of not more than$5,000 or imprisonment not exceeding one year, or both, for each violation, with costsimposed in the discretion of the court. Each day that a violation continues shall be aseparate offense. In addition, the Department of Public Works may institute injunctive,mandamus or other appropriate action or proceedings of law to correct violations of thischapter. Any court of competent jurisdiction shall have the right to issue temporary orpermanent restraining orders, injunctions or mandamus, or other appropriate forms ofrelief.15

D. For purposes of this section, "builder or developer" shall be defined to mean the party towhom the building permit or grading permit was issued (and its heirs, successors andassigns) or to whom approval was granted for the construction plans and shall alsoinclude any party actually performing the work of construction therein. The builder ordeveloper shall also include any officer of any corporation, any partner of any


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partnership or any related corporation, partnership, limited-liability company orlimited-liability partnership owned in whole or in part by any aforementioned party.

E. Any dispute between property owners regarding redirection of runoff is a civil liabilityissue between the two parties and must be resolved between the parties or by a court ofcompetent jurisdiction.

ARTICLE XIIEffective Date

§ 325-29. When effective.

This chapter shall take effect on December 3, 2012.16

16. Editor's Note: Original Art. XIV, Prior Stormwater Management Plans, which immediately followed this section, wasrepealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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Chapter 337

TAXATION

ARTICLE I ARTICLE VAdmissions and Amusement Tax Tax Credit for Surviving Spouses of Law

Enforcement Officers § 337-1. Imposition of tax; exceptions.

§ 337-17. Statutory authority. § 337-2. Additional tax.§ 337-18. Credit granted; term; applicability.ARTICLE II

Agricultural Land Tax CreditARTICLE VI

Deferral of Property Taxes for Senior § 337-3. Definitions.Citizen and Disabled Homeowners § 337-4. Land qualifying for credit.

§ 337-5. Penalty upon termination of § 337-19. Definitions. agreement or easement.

§ 337-20. Deferral authorized.

§ 337-21. Qualifications. ARTICLE IIIHistoric Property Tax Credit § 337-22. Amount of deferral.

§ 337-23. Interest. § 337-6. Definitions.

§ 337-24. Limit on accumulation. § 337-7. Credit granted.

§ 337-25. Penalty for nonpayment. § 337-8. Eligibility.

§ 337-26. Lien and liability. § 337-9. Application of credit; amount.

§ 337-27. When deferred taxes due. § 337-10. Additional requirements.

§ 337-28. Application for deferral.

§ 337-29. Authority of taxpayer to endARTICLE IV deferral.Brownfields Property Tax Credit§ 337-30. Report.

§ 337-11. Statutory authority; § 337-31. Fraud prohibited; violations commencement. and penalties.§ 337-12. Credit granted.

ARTICLE VII§ 337-13. Term. Property Tax Credit for Habitat for§ 337-14. Termination.

Humanity§ 337-15. County contribution to incentive program. § 337-32. Statutory authority. § 337-16. Term for sites located in § 337-33. Tax credit terms. enterprise zones.

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[HISTORY: Adopted by the Board of County Commissioners (now County Council) ofCecil County as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Special taxing districts — See Ch. 110.

ARTICLE IAdmissions and Amusement Tax

[Adopted 4-30-1991; amended in its entirety 5-28-1991]

§ 337-1. Imposition of tax; exceptions.

A. Pursuant to the authorization of § 4-102(a)(1) of the Tax-General Article of theAnnotated Code of Maryland, as amended or recodified from time to time, a tax isimposed on the gross receipts derived from any admissions and amusement charge asdefined in § 4-101(b) of the Tax-General Article of the Annotated Code of Maryland, asamended or recodified from time to time, at the rate of 7 1/2%, except as this rate maybe limited pursuant to § 4-105(b) of the Tax-General Article of the Annotated Code ofMaryland, as amended or recodified from time to time, and except that this tax shall notapply to gross receipts derived from a reduced charge for admission on which theadditional tax imposed by § 337-2 hereof is paid.

B. This tax on gross receipts derived from admissions and amusement charges shall notapply to farms providing school tours of their facilities, and the same shall be exemptfrom said tax. [Added 8-31-1993]

§ 337-2. Additional tax.

Pursuant to the authorization of § 4-102(a)(2) of the Tax-General Article of the AnnotatedCode of Maryland, as amended or recodified from time to time, an additional tax is imposedon reduced charges or free admissions as set forth in § 4-105(f) of the Tax-General Article ofthe Annotated Code of Maryland, as amended or recodified from time to time, provided that iftaxes are paid on reduced charges or free admissions in accordance with this section, the grossreceipts tax imposed in § 337-1 hereof shall not apply to such reduced charges or freeadmissions.

ARTICLE IIAgricultural Land Tax Credit

[Adopted 9-8-1998]



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§ 337-3 TAXATION § 337-7

AGRICULTURAL LAND — Real property subject to an easement or other interest that has,pursuant to Title 2, Subtitle 5, of the Agriculture Article of the Annotated Code of Maryland,been approved for the establishment of an agricultural district or real property which has beenpermanently conveyed or assigned to the Maryland Agricultural Land PreservationFoundation.

§ 337-4. Land qualifying for credit.

A. Agricultural land (excluding improvements or curtilage) which has been approved for theestablishment of an agricultural district, as provided in § 2-509 of the Agriculture Articleof the Annotated Code of Maryland, shall be entitled to a tax credit equal to 50% of theCounty property tax.

B. Agricultural land (excluding improvements or curtilage) within an agricultural districtwhich has been permanently conveyed or assigned to the Maryland Agricultural LandPreservation Foundation shall be entitled to a tax credit equal to 75% of the Countyproperty tax.

§ 337-5. Penalty upon termination of agreement or easement.

If a property tax credit is granted hereunder and the agricultural preservation districtagreement or easement is subsequently terminated by the property owner, such owner shall beliable to Cecil County for a penalty equal to three times the amount of credit provided for themost recent taxable year in which the credit was granted.

ARTICLE IIIHistoric Property Tax Credit

[Adopted 9-19-20001 ]



HISTORIC STRUCTURE — A combination of material to form a construction that is stable;including, among other things, buildings, stadiums, reviewing stands, platforms, stagings,observation towers, radio towers, water tanks and towers, trestles, bridges, piers, pavingbulkheads, wharves, sheds, coal bins, shelters, fences and display signs visible from the publicway.

§ 337-7. Credit granted.

A property tax credit of up to 10% of the properly documented expenses of a privateowner-taxpayer for the restoration and preservation of a structure that Cecil Countydetermines has historical value may be granted against the County property tax imposed.

1. Editor's Note: This ordinance provided that it shall be applicable with the tax year commencing on 7-1-2001.

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§ 337-8. Eligibility.

The Historic District Commission shall designate each structure in Cecil County that iseligible for property tax credit.

§ 337-9. Application of credit; amount.

A property credit granted in one year under this article shall only be applied against thecurrent year's property tax. Notwithstanding anything else in this article to the contrary, theamount of property tax credit to be granted shall not exceed the amount of property taxpayable against said property in the year that the tax credit is granted.

§ 337-10. Additional requirements.

Cecil County may require the owner of a structure granted a tax credit to periodically exhibitthe structure for public education.

ARTICLE IVBrownfields Property Tax Credit

[Adopted 6-5-2001]

§ 337-11. Statutory authority; commencement. 2

Pursuant to the authorization contained in § 9-229 of the Tax-Property Article of theAnnotated Code of Maryland, Cecil County hereby elects to participate in the BrownfieldsRevitalization Incentive Program established pursuant to § 5-335 et seq. of the EconomicDevelopment Article of the Annotated Code of Maryland and to provide a brownfieldsproperty tax credit commencing with the taxable year beginning July 1, 2002.

§ 337-12. Credit granted. 3

Cecil County hereby grants a brownfields property tax credit against the tax on real propertyof a qualified brownfields site as defined in § 5-335 et seq. of the Economic DevelopmentArticle of the Annotated Code of Maryland in an amount equal to 50% of the property taxattributable to the increase in the assessment of the qualified brownfields site, includingimprovements added to the site during the credit period, over the assessment of the qualifiedbrownfields site before the voluntary cleanup or corrective action plan.

§ 337-13. Term.

The credit shall apply in each of the five taxable years immediately following the firstrevaluation of the property after completion of a voluntary cleanup or corrective action plan ofa qualified brownfields site.



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§ 337-14 TAXATION § 337-17

§ 337-14. Termination.

The credit is subject to the requirements and limitations set forth in § 9-229 of theTax-Property Article of the Annotated Code of Maryland, including, but not limited to, thefact that said credit shall terminate if the party receiving the credit withdraws from thevoluntary cleanup program under § 7-512 of the Environment Article of the Annotated Codeof Maryland, or the Department of the Environment of the State of Maryland withdrawsapproval of a response action plan, or a certificate of completion under § 7-512 of theEnvironment Article of the Annotated Code of Maryland.

§ 337-15. County contribution to incentive program. 4

Pursuant to the requirement contained in § 9-229(c)(2) of the Tax-Property Article of theMaryland Code, for each year of the credit period, Cecil County shall contribute to theBrownfields Revitalization Incentive Program established pursuant to § 5-335 et seq. of theEconomic Development Article of the Annotated Code of Maryland an amount equal to 30%of the property tax attributable to the increase in the assessment of the qualified brownfieldssite during the credit period, over the assessment of the qualified brownfields site before thevoluntary cleanup or corrective action plan.

§ 337-16. Term for sites located in enterprise zones. 5

Notwithstanding § 337-13 of this article, for a site located in an enterprise zone anddesignated under § 5-701 et seq. of the Economic Development Article of the Annotated Codeof Maryland, the credit shall apply in each of the 10 taxable years immediately following therevaluation of the property after completion of a voluntary cleanup or corrective action plan ofa qualified brownfields site; provided, however, that the contribution to the BrownfieldsRevitalization Incentive Fund shall only be provided for the first five years of said creditperiod notwithstanding any other language in this section to the contrary.

ARTICLE VTax Credit for Surviving Spouses of Law Enforcement Officers

[Adopted 7-15-2003]

§ 337-17. Statutory authority.

House Bill 731 (Property Tax Credit — Surviving Spouse of a Law Enforcement Officer) waspassed during the 2003 Regular Session of the Maryland General Assembly; and House Bill731 authorized the governing body of a county to grant, by law, a county property tax creditfor a dwelling house owned by a surviving spouse of an individual who died as a result of aninjury or disease incurred during the course of employment as a law enforcement officerunder certain circumstances.6



6. Editor's Note: See § 9-210 of the Tax-Property Article of the Annotated Code of Maryland.

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§ 337-18. Credit granted; term; applicability.

Upon request by an eligible surviving spouse of a law enforcement officer, Cecil Countyhereby agrees to grant a full tax credit on the County property tax for a term equaling thenumber of years that the surviving spouse resides in the applicable home pursuant to HouseBill 731, and applicable to tax years beginning after June 30, 2003.

ARTICLE VIDeferral of Property Taxes for Senior Citizen and Disabled Homeowners

[Adopted 5-2-2006 by Ord. No. 2006-01]



COMBINED INCOME — The combined gross income from all sources of all individualswho actually reside in a dwelling except an individual who is a dependent of the homeownerunder § 152 of the Internal Revenue Code or pays a reasonable amount for rent or room andboard.

DWELLING — A house that is used as the principal residence of a homeowner and the lotor curtilage upon which the house is erected, as determined for tax purposes by the Supervisorof Assessments or his designee, and which is occupied by not more than two families; and isactually occupied or expected to be occupied by the homeowner for more than six months ofa twelve-month period that includes July 1 of the taxable year for which the deferral underthis article is sought.

HOMEOWNER — An individual who, on July 1 of the taxable year for which the deferral issought, actually resides in a dwelling in which the individual has a legal interest; or under acourt order or separation agreement permits a spouse, a former spouse, or a child of theindividual's family to reside without payment of rent in a dwelling in which the individual hasa legal interest.

§ 337-20. Deferral authorized.

A homeowner who meets the requirements of this article may defer payment of Countyproperty taxes in accordance with this article.

§ 337-21. Qualifications.

To be eligible for a deferral under this article, a homeowner must meet the requirements ofthis section:

A. The homeowner must live in a dwelling where the combined income does not exceed$60,000 a year.

B. The homeowner must be at least 65 years old or permanently and totally disabled. Anindividual is considered to be permanently and totally disabled if found to be by theCounty Health Officer or if so qualified under the Social Security Act, the Railroad

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§ 337-21 TAXATION § 337-27

Retirement Act, or a federal act for members of the Armed Forces of the United States,or a federal retirement system.

C. In the case of property owned by married parties jointly or as tenants in common or bythe entirety, one of the owners must meet the criteria of Subsection B or Subsection Cabove. The eligible owner must reside in the home as his or her principal residence.

§ 337-22. Amount of deferral.

A. A homeowner may defer the amount that the County property taxes due exceed theamount of County property taxes paid by the homeowner in the previous taxable year.

B. Deferring taxes under this article does not affect any taxes that are not deferred.

§ 337-23. Interest.

Interest shall accrue on the deferred taxes at a rate of 0% per annum.

§ 337-24. Limit on accumulation.

The accumulation of deferred taxes and accrued interest may not exceed 50% of assessedvalue of the property.

§ 337-25. Penalty for nonpayment.

A penalty may not be charged on the portion of taxes deferred under this article.

§ 337-26. Lien and liability.

Until extinguished by operation of law or paid, real property taxes deferred and interestaccrued are:

A. A lien on the property with the same priority as real property taxes; and

B. A personal liability of the homeowner who obtained the deferral.

§ 337-27. When deferred taxes due.

The total amount of real property taxes deferred and interest accrued are due and payablewhen:

A. The homeowner ceases to own the property;

B. The homeowner ceases to occupy the property as his or her principal place of residence;

C. The property becomes subject to a tax sale; or

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D. The homeowner fails to submit a timely application for deferral. An application fordeferral must be submitted each year a deferral is sought.

§ 337-28. Application for deferral.

In accordance with the requirements of Cecil County, a homeowner shall file an applicationfor deferral no later than September 1, selecting deferral for the current tax year, on the formthat the Director of Finance provides. The Director of Finance shall design the applicationform to collect the information needed to evaluate an applicant's eligibility and may requirethe applicant to verify the application under oath. After receiving the application, the Directorof Finance shall notify the applicant whether the application has been approved ordisapproved. If the application is approved, the applicant and the Director of Finance shallexecute a written agreement of deferral that provides for repayment and includes a notice oflien. After executing the agreement, the Director of Finance shall notify the mortgagees orbeneficiaries under a deed of trust that are listed in the application. The agreement shall berecorded in the land records of the County at the homeowner's expense.

§ 337-29. Authority of taxpayer to end deferral.

A homeowner may end a deferral at any time by giving written notice to the Director ofFinance and paying the deferred taxes and accrued interest.

§ 337-30. Report.

Each year, the Director of Finance shall submit a report to the County that includes:

A. The number of deferrals, the aggregate taxes deferred, and the aggregate interest accrued;and

B. The total number of applications received, and number of applications approved andnumber of applications disapproved.

§ 337-31. Fraud prohibited; violations and penalties.

A person who knowingly provides false or fraudulent information on a document requiredunder this article is guilty of a misdemeanor and, on conviction, is subject to imprisonmentnot exceeding five months or a fine not exceeding $500.

ARTICLE VIIProperty Tax Credit for Habitat for Humanity

[Adopted 11-15-2011 by Ord. No. 2011-127 ]

§ 337-32. Statutory authority. 8

7. Editor's Note: This ordinance also provided that it shall apply to the tax year beginning 7-1-2012 and thereafter.


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§ 337-32 TAXATION § 337-33

The statutory authority for this article is the Tax-Property Article, § 9-252, regarding taxcredit for property owned by Habitat for Humanity, as amended by House Bill 558-2011.

§ 337-33. Tax credit terms.

A. In accordance with the provisions of the Tax-Property Article, § 9-252, of the AnnotatedCode of Maryland, there is hereby established a County property tax credit of 100% forreal property, provided that:

(1) The property is owned by Habitat for Humanity with the intention of relinquishingownership in the near future;

(2) The property is used for the purposes of development, rehabilitation and transfer toa private owner; and

(3) The property is not occupied by administrative or warehouse buildings owned byHabitat for Humanity.

B. Habitat for Humanity shall submit an annual written report on or before June 30 eachyear to the County Executive and Cecil County Council documenting:

(1) All of Habitat for Humanity's real property holdings in the County; and

(2) All transactions involving Habitat for Humanity's real property holdings in CecilCounty.

C. The tax credit for each property shall continue until such time as the property istransferred from Habitat for Humanity to another entity, but in no event for more thanfive years.

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Chapter 342

TAXICABS § 342-1. Definitions. § 342-3. Violations and penalties.

§ 342-2. Authority of County Council; appeals.


GENERAL REFERENCES

Junked or abandoned vehicles — See Ch. 353. Vehicles, traffic and transportation — See Ch. 359.

§ 342-1. Definitions. [1969, ch. 272, § 1; 1970 Code, Sec. 22-1]

The term "taxicabs" as used in this chapter shall embrace any motor vehicle for hire designedto carry seven persons or less, including the driver, operated upon any public street orhighway in Cecil County, or, on call or demand, accepting or soliciting passengersindiscriminately for transportation for hire between points along public streets or highways inCecil County as directed by the passenger or passengers being transported; but nothing in thischapter shall be construed to include as a taxicab a motor vehicle operated, with the approvalof the Public Service Commission of Maryland, on fixed routes and schedules.

§ 342-2. Authority of County Council; appeals. [1969, ch. 272, § 1; 1970 Code, Sec.22-2; 1988, ch. 227, § 2]

A. In order to protect the public health, safety and welfare of the citizens of Cecil Countyand other persons who may use taxicab facilities therein, the Cecil County Council mayenact, amend, and repeal ordinances prescribing reasonable rates of fare, fixingrequirements for the ownership and operation of taxicabs in the County and providing forinspection and licensing of taxicabs, their owners and operators. The regulation hereinprovided for the taxicab industry for Cecil County shall be in addition to any regulationby the Motor Vehicle Administration or the Public Service Commission of Maryland.

B. Any person, firm, or corporation subject to this chapter who or which is dissatisfied withany ordinance of Cecil County, enacted pursuant to the authority herein conferred, maycommence an action in the Circuit Court of Cecil County against the County to vacateand set aside the ordinance on the ground that the regulation, practice, act, or serviceestablished by the ordinance is unreasonable or unlawful. The decision of the CircuitCourt shall be appealable to the Court of Special Appeals of Maryland by either party,provided the appeal is entered within 20 days after the judgment of the Circuit Court isrendered.1


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§ 342-3. Violations and penalties. [1969, ch. 272, § 1; 1970 Code, Sec. 22-3]

Any person, firm or corporation violating any ordinance promulgated under the authority of§ 342-2 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fineof not more than $50 for each offense. In addition, the incorporated town or Cecil County,Maryland, upon proof of any violation of any ordinance promulgated under § 342-2, mayrevoke or suspend any license issued under the authority of § 342-2 after affording reasonableopportunity to the licensee to be heard in his, her, or its defense.

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Chapter 353

VEHICLES, JUNKED OR ABANDONED § 353-1. Unlawful abandonment. § 353-4. Sufficient evidence of title.

§ 353-2. Impoundment. § 353-5. Disposition of money received from sale.§ 353-3. Disposal of impounded vehicles. § 353-6. Nonapplicability.


GENERAL REFERENCES

Taxicabs — See Ch. 342. Vehicles, traffic and transportation — See Ch. 359.

§ 353-1. Unlawful abandonment. [1966, ch. 703, § 1; 1970 Code, Sec. 13-1(a); 1988, ch.227, § 2]

It is unlawful in Cecil County, as provided in this chapter, to cause or permit an unlicensedjunk motor vehicle or parts thereof to be left on private or public property, in open view ofpersons on a nearby highway. Failure to remove such a vehicle or parts thereof within 10 daysafter a written notice of removal sent to the owner of record by any authorized police officeris a misdemeanor, punishable upon conviction by a fine of $25 for each day after the 10 daysduring which the motor vehicle is not moved from the property.

§ 353-2. Impoundment. [1966, ch. 703, § 1; 1970 Code, Sec. 13-1(b); 1988, ch. 227, § 2]

In addition to the criminal penalty provided by this chapter, the motor vehicle may beimpounded by the County and sold under the provisions of this chapter.

§ 353-3. Disposal of impounded vehicles. [1966, ch. 703, § 1; 1970 Code, Sec. 13-1(c);1988, ch. 227, § 2]

If any motor vehicle or part thereof is in the custody of Cecil County under the workings ofthis chapter, and if the owner or person entitled to the possession thereof cannot be located orfails to claim the motor vehicle or part thereof for a period of 60 days after it came into thecustody of the County, the motor vehicle or part thereof may be disposed of by the County atpublic sale. Due advertisement of the time, place and terms of the sale, together with a fulldetailed description of the motor vehicle or part thereof, shall be inserted in at least onenewspaper of general circulation in the County at least once each week for two successiveweeks prior to the sale. In addition, a notice by registered mail shall be sent at least 10 daysprior to the sale to the owner and lien holder, if any, shown on the records of the MotorVehicle Administrator, or the person entitled to the possession of the motor vehicle or part

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thereof if his address is known or if it can be ascertained by the exercise of reasonablediligence. If such address cannot be ascertained, this notice is not required.

§ 353-4. Sufficient evidence of title. [1966, ch. 703, § 1; 1970 Code, Sec. 13-1(d); 1988,ch. 227, § 2]

The certificate of the County that it has sold such a motor vehicle at public auction to apurchaser shall constitute sufficient evidence of title to any motor vehicle so sold in order toenable the purchaser to obtain a certificate of title and registration from the Motor VehicleAdministration.

§ 353-5. Disposition of money received from sale. [1966, ch. 703, § 1; 1970 Code, Sec.13-1(e); 1988, ch. 227, § 2]

After payment of the expenses of any sale held pursuant to this chapter and the storage andrepair charges incurred by the County on account of the motor vehicle or part thereof, andafter payment of all liens filed against the motor vehicle or part thereof, the balance of themonies, if any, received by the County at the sale shall be held by the County for a period ofone year from the date of sale. The County shall pay this balance to any person who files averified claim prior to the expiration of this one-year period, establishing that he is the owneror person entitled to the possession of the motor vehicle or part thereof. If no such claim isfiled within the one-year period, the remaining balance for the sale of the motor vehicle orpart thereof shall be transferred to the general funds of the County.

§ 353-6. Nonapplicability. [1966, ch. 703, § 1; 1970 Code, Sec. 13-1(f); 1988, ch. 227, § 2]

This chapter does not apply or refer to vehicles in a regularly operated gasoline servicestation, garage, or motor vehicle junkyard or "graveyard."

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Chapter 359

VEHICLES, TRAFFIC AND TRANSPORTATION

ARTICLE I § 359-13. Special purpose parking areas. General Provisions

ARTICLE IV § 359-1. Statutory references. Interference with Emergency Equipment§ 359-2. Definitions.

§ 359-14. Definitions. § 359-3. Statutory authority for§ 359-15. Establishment and regulation of parking. maintenance of fire lanes.

ARTICLE II § 359-16. Obstruction of fire lanesParking on County Property prohibited.

§ 359-17. Parking violations in fire lanes.§ 359-4. Authority to regulate.

§ 359-18. Nonliability of County.§ 359-5. Parking vehicles in violation of

§ 359-19. Violations and penalties. signs; permits.

§ 359-6. Removal of illegally parked ARTICLE V vehicles. Junked Vehicles; Traffic Hazards§ 359-7. Towing, storage and other charges. § 359-20. Abandonment of unlicensed

junked vehicles.§ 359-8. Sale of illegally parked vehicles. § 359-21. Obstructions to vision of

drivers; notice to remove. § 359-9. Records of towed vehicles.

§ 359-22. Removal of obstructions byARTICLE III County.

Parking

ARTICLE VI § 359-10. General restrictions. Impoundment § 359-11. Parking of trucks and trailers.

§ 359-23. Authority to impound; costs.§ 359-12. Handicapped parking. § 359-24. Sale of impounded vehicles.


GENERAL REFERENCES

Peddling and soliciting — See Ch. 265. Junked or abandoned vehicles — See Ch. 353.Commercial refuse haulers — See Ch. 285. County-owned vehicles — See Ch. A382.Taxicabs — See Ch. 342.

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§ 359-1. Statutory references. 1

For state law as to vehicles and traffic generally, see Annotated Code of Maryland,Transportation Article, §§ 11-101 to 27-114. As to rules of the road generally, see AnnotatedCode of Maryland, Transportation Article, §§ 21-101 to 21-1414. As to statewide applicationof Maryland vehicle law, see Annotated Code of Maryland, Transportation Article,§ 25-101.1. As to powers of local authorities generally, see Annotated Code of Maryland,Transportation Article, § 25-102. As to placement of traffic-control devices generally, seeAnnotated Code of Maryland, Transportation Article, §§ 25-105 to 25-109.


For the purpose of this chapter, the definitions appearing in the Transportation Article of theAnnotated Code of Maryland will be adopted and used.

§ 359-3. Statutory authority for regulation of parking.

For state law as to authority of the County to regulate parking of vehicles, see AnnotatedCode of Maryland, Transportation Article, §§ 25-102 and 26-301.

ARTICLE IIParking on County Property

§ 359-4. Authority to regulate.

The County may prohibit and otherwise regulate parking of vehicles on County property. TheDepartment of Public Works will, by the erection of appropriate signs, indicate the method ofparking and that vehicles illegally parked thereon shall be subject to seizure andimpoundment.

§ 359-5. Parking vehicles in violation of signs; permits.

A. Generally. No vehicle shall be parked in violation of any signs restricting parking undera provision of this chapter or any other County or state law, and both the owner and theoperator thereof shall be subject to the towing, storage, parking and other charges orfines incurred according to the District Court Schedule of Fines by the County inconnection therewith for any violation of this article.

B. Parking permits.


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§ 359-5 VEHICLES, TRAFFIC AND TRANSPORTATION § 359-9

(1) County employees using any County parking lot, restricted to permit parking only,shall obtain a valid parking permit issued by the County. The permit shall beaffixed to the bottom of the lower left side of the rear window or to the lower leftside of the front window of the vehicle in a manner that does not obstruct thedriver's view but allows law enforcement authorities clear visual identification ofthe permit.

(2) A permit located at any other place on the vehicle shall constitute an invalidpermit, allowing the authorities to ticket the vehicle as illegally parked.

(3) The permit shall be removed from the vehicle when the vehicle is sold ortransferred or a person to whom the permit was issued ceases to be a Countyemployee.

(4) Temporary parking permits issued by the County shall be valid for one day onlyand shall be placed in the bottom lower left side of the front window of thevehicle.

§ 359-6. Removal of illegally parked vehicles.

The County or any law enforcement agency shall have the right to remove any vehicleillegally parked on County property. Such vehicles shall be removed by the County or hiredtowing vehicles to the grounds designated by the County.

§ 359-7. Towing, storage and other charges.

The towing, storage and other charges incurred shall be paid by any person violating anyprovision of this article before such person may reclaim the vehicle.

§ 359-8. Sale of illegally parked vehicles.

The sale of illegally parked vehicles shall be made pursuant to the provisions of Article VI,Impoundment, of this chapter.

§ 359-9. Records of towed vehicles.

The County or its designee shall maintain a record of each vehicle which is towed or movedpursuant to the provisions of this article, so that a vehicle owner or operator may determinethe location of the vehicle by calling the County. Such designee shall also submit daily, inwriting, any record of such towing to the State Police barracks in the County and to theSheriff's Department.

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ARTICLE IIIParking

§ 359-10. General restrictions.

A. No person shall park a vehicle for more than the designated time in any space or zonewhich has been marked as restricted to a designated maximum time of parking.

B. Any space or zone restricted to a specified maximum parking time shall be so designatedby a sign erected on a post or the side of a building which is clearly visible from thespace or zone so designated.

C. Any law enforcement officer who discovers a vehicle parked in violation of this sectionmay deliver a citation to the driver or, if the vehicle is unattended, attach a citation to thevehicle in a conspicuous place and have the unlawfully parked vehicle towed away at theowner's expense. The law enforcement officer is required to keep a copy of the citationbearing his certification, under the penalty of perjury, that the facts stated therein aretrue. When a citation is attached to an unattended vehicle in the absence of its driver, theregistered owner of the vehicle is presumed to be the person receiving the citation andthus violating this chapter.

D. A violation of this section shall be a misdemeanor punishable by a fine according to theDistrict Court Schedule of Fines.

§ 359-11. Parking of trucks and trailers.

A. It shall be unlawful to park, stop or stand a truck, trailer or vehicle of greater than 8,000pounds' gross vehicle weight along any public or residential road, street or highwaywhich has been designated as "no truck or trailer parking."

B. Any public or residential road, street or highway where parking of such vehicles isprohibited shall be so designated by a sign erected on a post which is clearly visible fromthe road, street or highway so designated or in such other manner as may providesufficient notice of said parking restrictions.

C. Any law enforcement officer who discovers a vehicle parked in violation of this sectionmay deliver a citation to the driver or, if the vehicle is unattended, attach a citation to thevehicle in a conspicuous place and have the unlawfully parked vehicle towed away at theowner's expense. The law enforcement officer is required to keep a copy of the citationbearing his certification, under the penalty of perjury, that the facts stated therein aretrue. When a citation is attached to a vehicle in the absence of its driver, the registeredowner of the vehicle is presumed to be the person receiving the citation and thusviolating this chapter.

D. A violation of this section shall be a misdemeanor punishable by a fine according to theDistrict Court Schedule of Fines.

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§ 359-12. Handicapped parking.

A. No person shall park a vehicle, unless for the use of a handicapped individual, in anyspace or zone, public or private, which has been marked as restricted for the use ofhandicapped individuals.

B. If any vehicle operated for the use of a handicapped individual is designated as such, itshall be either by an appropriate sign or official symbol on its license plate issued by theMaryland Department of Transportation Motor Vehicle Administration permit or othermethod approved by the Motor Vehicle Administration.

C. Any space or zone required to be reserved for vehicles operated for use of thehandicapped shall be so designated by a sign erected on a post or the side of a buildingwhich is clearly visible from the space or zone so designated.

D. Any law enforcement officer who discovers a vehicle parked in violation of this sectionmay deliver a citation to the driver or, if the vehicle is unattended, attach a citation to thevehicle in a conspicuous place and have the unlawfully parked vehicle towed away at theowner's expense. The law enforcement officer is required to keep a copy of the citationbearing his certification, under penalty of perjury, that the facts stated therein are true.When a citation is attached to a vehicle in the absence of its driver, the registered ownerof the vehicle is presumed to be the person receiving the citation and thus violating thischapter.

E. A violation of this section shall be a misdemeanor punishable by a fine according to theDistrict Court Schedule of Fines.

§ 359-13. Special purpose parking areas.

The County shall have the authority to establish special purpose parking zones, and it shall beunlawful for any person to park any vehicle or tractor or to allow the same to remain parkedin any such designated zone, except as specifically provided in such zone. Each specialpurpose parking area shall be designated by resolution of the County Council, whichresolution shall include the name of the street, the times for parking (time limit/hours), theside of the streets and the location of the street.

ARTICLE IVInterference with Emergency Equipment


For the purposes of this article, the following words and phrases shall have the meaningsrespectively ascribed to them by this section:

EMERGENCY VEHICLE — A vehicle so designated or authorized by the Administrator ofthe Maryland Department of Transportation Motor Vehicle Administration.

FIRE COMPANY — Any volunteer or compensated fire company serving the County,including those operated by the federal government or from out of state.

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FIRE LANE — A lane required to be permanently open for the ingress or egress of fire andother emergency vehicles only, in order that fires and other disasters may be prevented orcontrolled and exitways kept unobstructed for life safety.

FIRE MARSHAL — The State Fire Marshal or any deputy State Fire Marshal.

SAFE AND EXPEDITIOUS MANNER — The use of any safe method by the properauthorities which is calculated to remove the obstruction in the shortest period of time.

§ 359-15. Establishment and maintenance of fire lanes.

The Fire Marshal, in concurrence with the local Fire Chief, shall study the access to allbuildings, especially those which are in a congested area in the County and are used by thepublic, and shall determine whether such buildings require the designation and marking of firelanes. If the Fire Marshal, in concurrence with the Fire Chief of the fire company serving thearea involved, shall find that any private entrance or exit, sidewalk, fire hydrant or vehiculardriveway or interior private driveway or sidewalk, existing or proposed, is obstructed or islikely to be obstructed by vehicles, debris, snow, construction material or other matter likelyto interfere with the ingress or egress of emergency vehicles, he shall order that theobstruction be removed at once and that such areas be kept clear of obstruction at all times. Inorder to facilitate the keeping of such ingress and egress areas free from obstruction, the FireMarshal or Fire Chief shall erect the proper warning signs and shall designate placementthereof in cooperation with the Department of Public Works, and he shall designate properfire lanes which shall be clearly marked with the words, "Fire Lane — Do Not Block," andsuch curb, road sidewalk or driveway or other access shall also have painted upon it, in ahighly visible color, lines that will delineate the areas to be kept clear of any obstruction.Where such signs or markings must be erected or painted on privately owned property, thecost of the signs or marking or painting shall be borne by the owners of the property.

§ 359-16. Obstruction of fire lanes prohibited.

A. No person shall park or allow to be parked any vehicle of which he is the owner in amanner that interferes with or obstructs a clearly marked fire lane or fire hydrant area. Inaddition, no person shall place or allow to be placed any material, debris or other objectof which he is the owner or has possession in a manner that interferes with or obstructs aclearly marked fire lane or fire hydrant area.

B. Any law enforcement officer or chief of a fire company may, whenever necessary, takepossession of, remove, tow away, impound or otherwise remove any debris, material,vehicle or other object which interferes with or obstructs previously established andmarked fire lanes for the access or operation of any fire company equipment or otheremergency vehicles or equipment.

C. Any law enforcement agency, fire company or other County agency which has cause toremove an obstruction from a fire lane during a fire or other emergency is authorized todo so in any manner that is both safe and expeditious and defined by this article. Anycharges imposed by the removing agent, public or private, shall be borne by the owner ofthe obstruction.

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§ 359-17. Parking violations in fire lanes.

In all cases involving parking violations in the way of fire lanes established and markedpursuant to this article, a law enforcement officer who discovers a vehicle illegally parkedshall, if the operator is absent, attach a summons to the vehicle in a conspicuous place or, ifthe operator is present, deliver such summons to him. A copy of the summons shall beretained by the officer and shall bear certification, under penalty of perjury, by the officerattesting to the truth of the matter therein set forth.

§ 359-18. Nonliability of County.

The County, any fire company serving the County or any law enforcement officer or agencyshall not be held liable for any damage to property that may result from the proper applicationand enforcement of this article.


A. Any person violating any of the provisions of this article shall be deemed guilty of amisdemeanor and, upon conviction thereof, shall be fined according to the District Courtof Maryland Schedule of Fines.2

B. Each day during which a violation of this article continues shall be deemed a separateoffense.3

ARTICLE VJunked Vehicles; Traffic Hazards

§ 359-20. Abandonment of unlicensed junked vehicles.

A. Abandonment. It shall be unlawful for any person to park, store or leave or to permit theparking, storing or leaving of any motor vehicle or part thereof which is in a wrecked,junked, partially dismantled, inoperative or abandoned condition, whether or notattended, upon any private property or any public property in the County.4

B. Penalties. A violation of Subsection A of this section is hereby declared to be amisdemeanor, and, upon conviction thereof, a violator is subject to a fine according tothe District Court Schedule of Fines.

C. This section will not apply to junkyards licensed by the County.


3. Editor's Note: Former Art. V, County Vehicles, was repealed at time of adoption of Code (see Ch. 1, GeneralProvisions, Art. I). See now Ch. A382, County-Owned Vehicles, § A382-4.

4. Editor's Note: See also Ch. 353, Vehicles, Junked or Abandoned.

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§ 359-21. Obstructions to vision of drivers; notice to remove.

A. Whenever the County finds that there exists on any private property within the Countyany trees, bushes, vines, weeds, undergrowth, loose earth or other obstructions, exceptbuildings and similar structures affixed to the ground, that obstruct the vision ofoperators of vehicles traveling upon any County road so as to constitute a traffic hazard,the County shall immediately serve the owner, agent, lessee or any other person havingsupervision over such property a written notice describing the premises whereon suchobstruction exists, a statement of the particulars in which the vision of operators ofvehicles is obstructed, including the steps necessary to correct such conditions, and anorder directing that corrective steps be taken within a stated period of time.

B. Any person who considers himself aggrieved by any order issued pursuant to this sectionmay, within five days of the receipt of such order, petition a designee, in writing, for ahearing thereon. Within seven days from the receipt of such petition, the designee shallhold such a hearing, after which he may either affirm, modify or rescind the order. Noofficial of the County government shall remove any obstruction or enforce any orderissued under this section until after such hearing has been held by the designee or untilthe time to petition for such hearing has expired without such a petition having beenfiled.

C. All orders and notices issued by the County pursuant to this section shall be served onthe person to whom they are directed, either by registered mail or by personal delivery tosuch person. If such person is not known to reside and cannot be found in the County,such service shall be made by publication of such order or notice once in a newspaper ofgeneral circulation in the County and by posting the same on the premises in aconspicuous manner. Service by publication and posting shall be deemed to be made onthe day of publication or posting.

§ 359-22. Removal of obstructions by County.

A. Upon failure of any person to comply with the provisions of any order issued under§ 359-21 within the time specified therein, the County shall direct its subordinates toenter upon the property where the obstruction is located and remove all or such part ofthe obstruction as may be necessary to eliminate the traffic hazard.

B. Whenever it is necessary for the County to provide for the removal or elimination of anytype of obstruction referred to in § 359-21 pursuant to the procedures described inSubsection A of this section, it shall file with the Director of Finance a certifiedstatement of the cost to the County of such removal or elimination, together with proofof service of the notice described in § 359-21C. The cost of such removal, together withthe cost of publication, shall constitute a charge and lien against the property and shall becollected in the same manner as are real estate taxes.

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ARTICLE VIImpoundment

§ 359-23. Authority to impound; costs.

If any motor vehicle is left unattended upon any public road, highway, alley or parking lot ofthe County in violation of any law, ordinance or order regarding the parking of motor vehiclesor if any motor vehicle is left unattended upon any such road, highway, alley or parking lotfor 48 hours or if any motor vehicle shall impede the movement of traffic or constitute athreat to public safety, any law enforcement officer shall have authority to immediatelyimpound and/or remove such motor vehicle and charge to the owner thereof the costs oftowing, storage and any other charges incurred in connection therewith.

§ 359-24. Sale of impounded vehicles.

Whenever any motor vehicle or part thereof is in the custody of a designee of the County andwhenever the owner or person entitled to the possession thereof cannot be located and fails toclaim such motor vehicle or part thereof for a period of 30 days after such motor vehicle orpart thereof came into the custody of the County, it may dispose of the motor vehicle anddistribute the proceeds of sale according to the Annotated Code of Maryland.

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Chapter 365

WATER AND SEWERS

Part 1 § 365-14. Elevation. Policy § 365-15. Connection of downspouts or

drains.ARTICLE I § 365-16. Connection specifications.

Water and Sewer Service § 365-17. Inspection and connection.

§ 365-18. Excavations. § 365-1. County policy established.

ARTICLE VPart 2Discharges to SewersSewer Use

§ 365-19. Prohibited discharges.ARTICLE IIDefinitions § 365-20. Discharge of stormwater.

§ 365-21. Prohibited waters or wastes. § 365-2. Terms defined.

§ 365-22. Limitations on certain discharges.

ARTICLE III§ 365-23. Rejection or pretreatment ofUse of Public Sewers Required harmful wastes.

§ 365-24. Interceptors. § 365-3. Deposit of wastes restricted.

§ 365-25. Pretreatment or § 365-4. Pollution of waters prohibited. flow-equalizing facilities.§ 365-5. Private sewage disposal § 365-26. Control structures. facilities.

§ 365-27. Information provided by user. § 365-6. Installation of toilet facilities.§ 365-28. Measurements, tests and§ 365-7. Abandonment of private analyses. systems and wells; inspection.§ 365-29. Special agreements.

ARTICLE IVBuilding Sewers and Connections ARTICLE VI

Protection from Damage§ 365-8. Sewer permit required.

§ 365-30. Damage or destruction§ 365-9. Classes of sewer permits; prohibited. permit application.

§ 365-10. Responsibility for installationARTICLE VIIand connection costs and

Power and Authority of Inspectors liabilities.

§ 365-11. Mobile homes and trailers. § 365-31. Right of entry.

§ 365-12. Use of old building sewers.

§ 365-13. Construction standards.

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§ 365-32. Obtaining information from § 365-39. Collection of rates and charges. industries. § 365-40. Industrial cost recovery fee. § 365-33. Safety precautions; liability.

ARTICLE IX § 365-34. Right of access on easements.Penalties

ARTICLE VIII § 365-41. Violations and penalties.Charges

Part 3§ 365-35. Authorization. Water and Sewer Standards § 365-36. Connection charge.

§ 365-37. Annual sewer service charge.ARTICLE X

§ 365-38. Changes in rates. Standards Adopted

[HISTORY: Adopted by the Board of County Commissioners (now County Council) ofCecil County as indicated in Part histories. Amendments noted where applicable.]

GENERAL REFERENCES

Sanitary district — See Ch. 97. Plumbing — See Ch. 270.Building construction — See Ch. 157. Stormwater discharge — See Ch. 322.

Part 1Policy

[Adopted 11-30-1971]

ARTICLE IWater and Sewer Service

§ 365-1. County policy established.

A. All County areas to be served with sewer and water shall be under the supervision of theDepartment of Public Works. This is in keeping with existing water and sewerlegislation.

B. Where municipal areas have available facilities and are willing to furnish water andsewer service to the County, it shall be the policy of the County to permit theDepartment of Public Works to enter into an agreement for these services and become abulk purchaser. The Department of Public Works is to be responsible for construction,maintenance and operation of the water and sewer systems outside the municipalboundaries.

C. Price agreements for the water and sewer services shall be negotiated between the partiesfor a two-year period and then subject to renegotiation and price adjustment uponjustification of such increase or decrease.

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§ 365-1 WATER AND SEWERS § 365-2

D. The County may commit itself to a future total bulk service contract with themunicipality, if so desired by the supplier, regardless of any future supply of servicesbeing furnished by the Department of Public Works itself in the contract area.

E. The County may approve municipal extensions of water and sewer into the County areawhen, in its opinion, it is to the best interest of its citizens.1

Part 2Sewer Use

[Adopted 9-18-1978]

ARTICLE IIDefinitions


A. Terms defined. Unless the context specifically indicates otherwise, the meaning of termsused in this Part 2 shall be as follows:

BOD (denoting BIOCHEMICAL OXYGEN DEMAND) — The quantity of oxygenutilized in the biochemical oxidation of organic matter in five days at 20° C., expressedin milligrams per liter, as determined in accordance with the latest issue of the AmericanPublic Health Association Standard Methods for the Examination of Water and WasteWater or by a method acceptable to the State Department of Health and other agencieshaving jurisdiction.

BUILDING DRAIN — That part of the lowest horizontal piping of a drainage systemwhich receives the discharge from soil, waste and other drainage pipes inside the walls ofthe building and conveys it to the building sewer, beginning five feet (1.5 meters) outsidethe inner face of the building wall.

BUILDING SEWER — The extension from the building drain to the public sewer orother place of disposal.

COMBINED SEWER — A sewer receiving both surface runoff and sewage.

DIRECTOR — The Director of Public Works of Cecil County, Maryland, or hisauthorized representative.

FLOATABLE OIL — Oil, fat or grease in a physical state such that it will separate bygravity from wastewater by treatment in an approved pretreatment facility. A wastewatershall be considered free of floatable fat if it is properly pretreated and the wastewaterdoes not interfere with the collection system.

GARBAGE — Solid wastes from the domestic and commercial preparation, cookingand dispensing of food and from the handling, storage and sale of produce.


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INDUSTRIAL COST RECOVERY — Payments by industrial users of treatment worksfor that portion of the cost of construction of such treatment works which is allocable tothe treatment of such industrial wastes.

INDUSTRIAL WASTES — The liquid wastes from industrial manufacturing processes,trade or business as distinct from sanitary sewage.

NATURAL OUTLET — Any outlet into a watercourse, pond, ditch, lake or other bodyof surface water or groundwater.

PERSON — Any individual, firm, company, association, society, public or privatecorporation, the state or other entity whatsoever.

pH — The logarithm of the reciprocal of the hydrogen ions concentration.

PLUMBING INSPECTOR — The duly designated Plumbing Inspector of Cecil County,Maryland.

PRETREATMENT — Treatment of wastewaters from sources before introduction intothe joint treatment works.

PROPERLY SHREDDED GARBAGE — The wastes from the preparation, cooking anddispensing of food, which wastes have been shredded to such a degree that all articleswill be carried freely under the flow conditions normally prevailing in public sewers,with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.

PUBLIC SEWER — A sewer in which all owners of abutting properties have equalrights and which is controlled by a public authority.

SANITARY SEWER — A sewer which carries sewage and to which storm-, surface,and ground waters are not intentionally admitted.

SEWAGE — A combination of water-carried wastes from residences, businessbuildings, institutions and industrial establishments, together with such ground-, surfaceand stormwaters as may be present.

SEWAGE TREATMENT PLANT — Any arrangement of devices and structures usedfor treating sewage.

SEWAGE WORKS — All facilities for collecting, pumping, treating and disposing ofsewage.

SEWER — A pipe or conduit for carrying sewage.

SLUG — Any discharge of water, sewage or industrial waste which, in concentration ofany given constituent or in quantity of flow, exceeds for any period of duration longerthan 15 minutes more than five times the average twenty-four-hour concentration or flowduring normal operation.

STORM DRAIN (sometimes termed "STORM SEWER") — A sewer which carriesstorm- and surface waters and drainage but excludes sewage and industrial wastes otherthan unpolluted cooling water.

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SUSPENDED SOLIDS — Solids that either float on the surface of or are in suspensionin water, sewage or other liquids and which are removable by laboratory filtering.

WASTEWATER — The spent water of a community. From the standpoint of source, itmay be a combination of the liquid and water-carried wastes from residences,commercial buildings, industrial plants and institutions, together with any groundwater,surface water and stormwater that may be present.

WASTEWATER FACILITIES — The structures, equipment and processes required tocollect, carry away and treat domestic and industrial wastes and dispose of the effluent.

WASTEWATER TREATMENT WORKS — An arrangement of devices and structuresfor treating wastewater, industrial wastes and sludge.

WATERCOURSE — A channel in which a flow of water occurs, either continuously orintermittently.

B. Word usage. The term "shall" is mandatory; "may" is permissive.

ARTICLE IIIUse of Public Sewers Required

§ 365-3. Deposit of wastes restricted.

It shall be unlawful for any person to place, deposit or permit to be deposited in anyunsanitary manner on public or private property within the County or in any area underjurisdiction of said County any human or animal excrement, garbage or other objectionablewaste.

§ 365-4. Pollution of waters prohibited.

It shall be unlawful to discharge to any natural outlet within the County or in any area underthe jurisdiction of said County any sewage or other polluted waters, except where suitabletreatment has been provided in accordance with subsequent provisions of this Part 2.

§ 365-5. Private sewage disposal facilities.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privyvault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

§ 365-6. Installation of toilet facilities.

The owner of all houses, buildings or properties used for human occupancy, employment,recreation or other purposes, situated within the County and abutting on any street, alley orright-of-way, in which there is now located or may in the future be located a public sanitarysewer of the County is hereby required, at his expense, to install suitable toilet facilitiestherein and to connect such facilities directly with the proper public sewer, in accordance withthe provisions of this Part 2, within 90 days after the date of official notice to do so.

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§ 365-7. Abandonment of private systems and wells; inspection.

A. All privies, privy vaults, cesspools, septic tanks and drains on properties connected witha sanitary sewer shall be abandoned as soon as possible, and in no case later than 30days after the connection of such properties to such sanitary sewer, and left in such waythat they cannot again be used or injuriously affect the public health. All wells that arefound by the County or any public health authority having jurisdiction to be polluted or amenace to health shall likewise be abandoned and closed.

B. Privies, privy vaults, cesspools, septic tanks, drains and polluted wells abandoned andclosed pursuant to this section shall be subject to inspection by the Director of PublicWorks and by any public health authority having jurisdiction, and the owner of theproperty upon which any such abandoned and closed facility is located shall take suchremedial action as may be prescribed by such inspector to assure that such closed andabandoned facility will not constitute a hazard to the public health or safety.

ARTICLE IVBuilding Sewers and Connections

§ 365-8. Sewer permit required.

No unauthorized person shall uncover, make any connections with or opening into, use, alteror disturb any public sewer or appurtenance thereof without first obtaining a written permitfrom the County.

§ 365-9. Classes of sewer permits; permit application.

A. There shall be three classes of sewer permits:

(1) For residential use.

(2) For commercial use.

(3) For service to establishments producing industrial wastes.

B. In either case, the owner or his agent shall make application on a special form furnishedby the County. The permit application shall be supplemented by any plans, specificationsor other information considered pertinent in the judgment of the County.

§ 365-10. Responsibility for installation and connection costs and liabilities.

All costs and expenses incident to the installation and connection of the building sewer shallbe borne by the owner. The owner shall indemnify the County from any loss or damage thatmay directly or indirectly be occasioned by the installation of the building sewer.

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§ 365-11. Mobile homes and trailers.

Each mobile home and/or trailer unit used for residential or commercial purposes, havingdomestic water and/or sanitary facilities therein, shall be considered a separate andindependent building drain and building sewer.

§ 365-12. Use of old building sewers.

Old building sewers may be used in connection with new buildings only when they are found,on examination and test by the County, to meet all requirements of this Part 2.

§ 365-13. Construction standards.

A. The size, slope, alignment, materials of construction of a building sewer and the methodsto be used in excavating, placing of the pipe, jointing, testing and backfilling the trenchshall all conform to the requirements of the building and plumbing codes or otherapplicable rules and regulations of the County.

B. In the absence of code provisions or in amplification thereof, the materials andprocedures set forth in appropriate specifications of the American Society for TestingMaterials and Water Environment Federation Manual of Practice No. 9 shall apply.

§ 365-14. Elevation.

Whenever possible, the building sewer shall be brought to the building at an elevation belowthe basement floor. In all buildings in which any building drain is too low to permit gravityflow to the public sewer, sanitary sewage carried by such building drain shall be lifted by anapproved means and discharged to the building sewer.

§ 365-15. Connection of downspouts or drains.

No person shall make connection of roof downspouts, exterior foundation drains, areawaydrains or other sources of surface runoff or groundwater to a building sewer or building drainwhich in turn is connected directly or indirectly to a public sanitary sewer.

§ 365-16. Connection specifications.

The connection of the building sewer into the public sewer shall conform to the requirementsof the building and plumbing codes or other applicable rules and regulations of the County.All connections of building sewers into the public sewer shall be performed by personsauthorized by the County. The prescribed procedures and materials must be approved by theCounty before installation.

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§ 365-17. Inspection and connection.

The applicant for the building sewer permit shall notify the County when the building seweris ready for inspection and connection to the public sewer. The connection shall be madeunder the supervision of the County or its representatives.

§ 365-18. Excavations.

All excavations for building sewer installation shall be adequately guarded with barricadesand lights so as to protect the public from hazard. Streets, sidewalks, parkways and otherpublic property disturbed in the course of the work shall be restored in a manner satisfactoryto the County.

ARTICLE VDischarges to Sewers

§ 365-19. Prohibited discharges.

No person shall discharge or cause to be discharged any stormwater, surface water,groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpollutedindustrial process waters to any sanitary sewer.

§ 365-20. Discharge of stormwater.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as arespecifically designated as storm sewers or to a natural outlet approved by the County.Industrial cooling water or unpolluted process waters may be discharged, on approval of theCounty, to a storm sewer or natural outlet.

§ 365-21. Prohibited waters or wastes.

No person shall discharge or cause to be discharged any of the following described waters orwastes to any public sewers:

A. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid orgas.

B. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficientquantity, either singly or by interaction with other wastes, to injure or interfere with anysewage treatment process, constitute a hazard to humans or animals, create a publicnuisance or create any hazard in the receiving waters of the sewage treatment plant.

C. Any waters or wastes having pH lower than 6.0 or having any other corrosive propertycapable of causing damage or hazard to structures, equipment and personnel of thesewage works.

D. Solid or viscous substances in quantities or of such size capable of causing obstruction tothe flow in sewers or other interference with the proper operation of the sewage works,

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such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair andfleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground bygarbage grinders.

§ 365-22. Limitations on certain discharges.

The following described substances, materials, waters or waste shall be limited in dischargesto County systems to concentrations or quantities which will not harm either the sewers,wastewater treatment process or equipment, will not have an adverse effect on the receivingstream or will not otherwise endanger lives, limb, public property or constitute a nuisance.The Director of the Department of Public Works may set limitations lower than the limitationsestablished in the regulations following if, in his opinion, such more severe limitations arenecessary to meet the above objectives. In forming his opinion as to the acceptability, theDirector of the Department of Public Works will give consideration to such factors as thequantity of subject waste in relation to flows and velocities in the sewers, materials ofconstruction of the sewers, the wastewater treatment process employed, capacity of thewastewater treatment plant, degree of treatability of the waste in the wastewater treatmentplant and other pertinent factors. The limitations or restrictions on materials or characteristicsof waste or wastewaters discharged to the sanitary sewer which shall not be violated withoutapproval of the Director of the Department of Public Works are as follows:

A. Any liquid or vapor having a temperature higher than 150° F. (65° C.).

B. Wastewater containing more than 25 milligrams per liter of petroleum oil,nonbiodegradable cutting oils or product of mineral oil origin.

C. Wastewater from industrial plants containing floatable oils, fat or grease.

D. Any garbage that has not been properly shredded. Garbage grinders may be connected tosanitary sewers from homes, hotels, institutions, restaurants, hospitals, cateringestablishments or similar places where garbage originates from the preparation of food inkitchens for the purpose of consumption on the premises or when served by caterers.

E. Any waters or wastes containing objectionable or toxic substances or wastes exerting anexcessive chlorine requirement or excessive chemical treatment, to such degree that anysuch material received in composite sewage at the wastewater treatment works exceedsthe limits established by the County for such materials. The following substances are notpermitted in concentration above those listed. Restrictions may also be placed on othersubstances or the present concentration limits may be revised when it is shown that thepresence of these substances or concentrations at a treatment plant is sufficient toadversely affect any portion of the treatment process.

Maximum AllowableConcentration

Substance (mg/l)

Arsenic as As 0.5

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Maximum AllowableConcentration

Substance (mg/l)

Cadmium as Cd 0.4

Chromium (hexavalent) as Cr 0.2

Copper as Cu 1.0

Cyanides or cyanogen compounds as CN 0.5

Lead as Pb 0.5

Mercury or mercury compounds as Hg 0.5

Nickel as Ni 2.0

Zinc as Zn 5.0

F. Any waters or wastes containing phenols or any other taste- or odor-producingsubstances, in such concentrations exceeding limits which may be established by theCounty as necessary, after treatment of the composite sewage, to meet the requirementsof the state, federal or other public agencies of jurisdiction for such discharge to thereceiving waters.

G. Any radioactive wastes or isotopes of such half-life or concentration as may exceedlimits established by the County in compliance with applicable state or federalregulations.

H. Any water or wastes having a pH in excess of 9.0.2

I. Quantities of flow, concentration or both which constitute a slug as defined herein.

J. Waters and wastes containing substances which are not amenable to treatment orreduction by the wastewater treatment processes employed or are amenable to treatmentonly to such degree that the wastewater treatment plant effluent cannot meet therequirements of other agencies having jurisdiction over discharge to the receiving waters.

K. Any water or wastes which, by interaction with other water or wastes in the public sewersystem, release obnoxious gases, form suspended solids which interfere with thecollection system or create a condition deleterious to structures and treatment processes.

§ 365-23. Rejection or pretreatment of harmful wastes.

A. If any waters or wastes are discharged or are proposed to be discharged to the publicsewers, which waters contain the substances or possess the characteristics enumerated in§ 365-22, and which, in the judgment of the County, may have a deleterious effect uponthe sewage works, processes, equipment or receiving waters or which otherwise create ahazard to life or constitute a public nuisance, the County may:


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(1) Reject the wastes;

(2) Require pretreatment according to the pretreatment standards as adopted by theCounty to an acceptable condition for discharge to the public sewers;

(3) Require control over the quantities and rates of discharge; and/or

(4) Require payment to cover the added costs of handling and treating the wastes notcovered by existing taxes or sewer charges.

B. If the County permits the pretreatment or equalization of waste flows, the design andinstallation of the plants and equipment shall be subject to the review and approval of theCounty and subject to the requirements of all applicable codes, ordinances, regulationsand laws.

§ 365-24. Interceptors.

Grease, oil and sand interceptors shall be provided when, in the opinion of the County, theyare necessary for the proper handling of liquid wastes containing floatable grease in excessiveamounts or any flammable wastes, sand or other harmful ingredients, except that suchinterceptors shall not be required for private living quarters or dwelling units. All interceptorsshall be of a type and capacity approved by the County and shall be located so as to bereadily and easily accessible for cleaning and inspection. In the maintaining of theseinterceptors, the owners shall be responsible for the proper removal and disposal byappropriate means of the captured material and shall maintain records of the dates and meansof disposal which are subject to review by the County. Any removal and hauling of thecollected materials not performed by the owner's personnel must be performed by currentlylicensed waste disposal firms.

§ 365-25. Pretreatment or flow-equalizing facilities.

Where pretreatment or flow-equalizing facilities are provided for any waters or wastes, theyshall be maintained continuously in satisfactory and effective operation by the owner at hisexpense.

§ 365-26. Control structures.

When required by the County, the owner of any property serviced by a building sewercarrying industrial wastes shall install a suitable control structure, together with necessarymeters and other appurtenances in the control structure, to facilitate observation, sampling andmeasurement of the wastes. Such structure, when required, shall be accessibly and safelylocated and shall be constructed in accordance with plans approved by the County. Thestructure shall be installed by the owner at his expense and shall be maintained by him so asto be safe and accessible at all times.

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§ 365-27. Information provided by user.

The County may require a user of sewer services to provide information needed to determinecompliance with this Part 2. These requirements may include:

A. Wastewater discharge peak rate and volume over a specified time period.

B. Chemical analyses of wastewaters.

C. Information on raw materials, processes and products affecting wastewater volume andquality.

D. Quantity and disposition of specific liquid, sludge, oil, solvent or other materialsimportant to sewer use control.

E. A plot plan of sewers in the user's property showing sewer and pretreatment facilitylocation.

F. Details of wastewater pretreatment facilities.

G. Details of systems to prevent and control the losses of materials through spills to themunicipal sewer.

H. Any other information required by the flow measurement, sampling, analysis andmonitoring standards as adopted by the County.

§ 365-28. Measurements, tests and analyses.

All measurements, tests and analyses of the characteristics of waters and wastes to whichreference is made in this Part 2 shall be determined in accordance with the latest edition ofStandard Methods for the Examination of Water and Waste Water, published by the AmericanPublic Health Association, and shall be determined at the control structure provided or uponsuitable samples taken at said control structure. In the event that no special structure has beenrequired, the control structure shall be considered to be the nearest downstream manhole inthe public sewer to the point at which the building sewer is connected. Sampling methods,location, times, durations and frequencies are to be determined on an individual basis by theDirector of the Department of Public Works.

§ 365-29. Special agreements.

No statement contained in this article shall be construed as preventing any special agreementor arrangement between the County and any industrial concern whereby an industrial waste ofunusual strength or character may be accepted by the County for treatment, subject topayment therefor by the industrial concern.

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ARTICLE VIProtection from Damage

§ 365-30. Damage or destruction prohibited.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy,uncover, deface or tamper with any structure, appurtenance or equipment which is a part ofthe sewage works. Any person violating this provision shall be subject to immediate arrestunder a charge of disorderly conduct.

ARTICLE VIIPower and Authority of Inspectors

§ 365-31. Right of entry.

The Director of the Department of Public Works and other duly authorized employees orrepresentatives of the County bearing proper credentials and identification shall be permittedto enter all properties for the purpose of inspection, observation, measurement, sampling andtesting in accordance with the provisions of this Part 2.

§ 365-32. Obtaining information from industries.

The Director of the Department of Public Works or other duly authorized employees areauthorized to obtain information concerning industrial processes which have a direct bearingon the kind and source of discharge to the wastewater collection system. The industry maywithhold information considered confidential. The industry must establish that the revelationto the public of the information in question might result in an advantage to competitors.

§ 365-33. Safety precautions; liability.

While performing the necessary work on private properties referred to in § 365-31 above, theDirector of the Department of Public Works or duly authorized employees or representativesof the County shall observe all safety rules applicable to the premises established by thecompany, and the company shall be held harmless for injury or death to the Countyemployees or representatives, and the County shall indemnify the company against loss ordamage to its property by County employees or representatives and against liability claimsand demands for personal injury or property damage asserted against the company andgrowing out of the gauging and sampling operation, except as such may be caused bynegligence or failure of the company to maintain safe conditions as required in § 365-26.

§ 365-34. Right of access on easements.

The Director of the Department of Public Works and other duly authorized employees orrepresentatives of the County bearing proper credentials and identification shall be permittedto enter all private properties through which the County holds a duly negotiated easement forthe purposes of, but not limited to, inspection, observation, measurement, sampling, repair andmaintenance of any portion of the sewage works lying within said easement. All entry and

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subsequent work, if any, on said easement shall be done in full accordance with the terms ofthe duly negotiated easement pertaining to the private properties involved.

ARTICLE VIIICharges

§ 365-35. Authorization.

The County is authorized to require the payment of a connection charge as a conditionprecedent to connecting to the County sewer mains.

§ 365-36. Connection charge. 3

All persons who connect to sewer mains shall pay, in addition to all other charges stated inthis Part 2, a connection charge and/or a benefit charge, the specific amounts and conditionsto be set in a sewer user regulation which has been or will be enacted by the Cecil CountyCouncil.

§ 365-37. Annual sewer service charge.

An annual sewer service charge shall be assessed to each building sewer, the amount of saidcharge to be in accordance with the aforesaid sewer use regulation, said charge to be due andpayable quarterly and based on a flat rate, said charges to be prorated the first quarter fromthe date of connection.

§ 365-38. Changes in rates.

The County reserves the right to establish said rates and charges by a future sewer userregulation and to increase and decrease said rates and charges from time to time by furtherregulation and to establish different classifications as to rates for residential sewer systems,commercial and industrial use.

§ 365-39. Collection of rates and charges.

All rates and/or charges referred to in this Part 2 shall constitute a lien on the real estateserved and shall be collectible in the same manner as town taxes or by suit at law.

§ 365-40. Industrial cost recovery fee.

Any industrial user, as defined in Federal Register 40 CFR 35.905-8, connecting to anEnvironmental Protection Agency funded wastewater works or its tributary shall be requiredto pay a fee for industrial cost recovery as established by the County according to theapplicable law.


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ARTICLE IXPenalties

§ 365-41. Violations and penalties. [Amended 4-5-2005 by Ord. No. 2005-06]

A. Any person found to be violating any provision of this Part 2, except Article VI, shall beserved by the County with a written notice stating the nature of the violation andproviding a reasonable time limit for the satisfactory correction thereof. The offendershall, with the period of time stated in such notice, permanently cease all violations.

B. Any person who shall continue any violation beyond the time limit provided for inSubsection A shall be guilty of a misdemeanor and, on conviction thereof, shall be finedin an amount not exceeding $50 for each violation. Each day on which any suchviolation shall continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this Part 2 shall become liable to theCounty for any expense, loss or damage occasioned the County by reason of suchviolation.

D. At any time that the Department of Public Works or any designated Code EnforcementOfficer of the County determines that a builder or developer has failed to executegrading, roadway, stormwater management, utility or building construction in accordancewith the approved water and/or sanitary sewer plans, notice shall be sent to said builderor developer advising said builder or developer of said noncompliance with the Code ofCecil County. Said notice shall be presumed received upon being mailed to the addressof said builder provided on the building permit, grading permit or approved constructionplans three days after mailing. Until said violation has been corrected to the Departmentof Public Works' satisfaction, the Department of Public Works and/or any appropriateCode Official of the County shall have the power to suspend review of any applicationsor plans submitted by said builder or developer, suspend any of the permits issued to saidbuilder or developer, withdraw any permits issued to said builder or developer and/ordeny further permits requested by said builder or developer.

E. For purposes of this section, "builder or developer" shall be defined to mean the party towhom the building permit or grading permit was issued (and its heirs, successors andassigns) or to whom approval was granted for the construction plans and shall alsoinclude any party actually performing the work of construction therein. The builder ordeveloper shall also include any officer of any corporation, any partner of anypartnership or any related corporation, partnership, limited-liability company orlimited-liability partnership owned in whole or in part by any aforementioned party.

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§ 365-41 CECIL COUNTY CODE

Part 3Water and Sewer Standards

ARTICLE XStandards Adopted

[By virtue of Chapter 97 of the Code of Cecil County, the Cecil County Council mayestablish standards for the construction of private and public water and sewertreatment facilities, collection systems and distribution systems. The updated CecilCounty Water and Sewer Standards, as amended, are available for inspection in theoffice of the Department of Public Works.]

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APPENDIX

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Chapter A380

FEES

[Information regarding fees for permits and services from the County is available fromthe applicable County office or department.]

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Chapter A381

CABLE SERVICE FRANCHISING

ARTICLE I § A381-23. Public requests forGrant of Franchise information.

§ A381-24. Continuity of service § A381-1. Title and purpose. mandatory. § A381-2. Definitions. § A381-25. Complaint procedure. § A381-3. Grant of rights.

ARTICLE III§ A381-4. Franchise application, fee andCable System Capabilities, Requirements review process.

and Operational Standards§ A381-5. Duration and acceptance of franchise.

§ A381-26. Required services and § A381-6. Franchise renewal. facilities.§ A381-7. Notices. § A381-27. Leased access channels. § A381-8. Police powers. § A381-28. Operational standards.

§ A381-29. Parental control locks. ARTICLE II

§ A381-30. County access to cableGeneral Requirements services.

§ A381-31. Public, educational or § A381-9. Franchise required. government (PEG) channels. § A381-10. Franchise area. § A381-32. Removal of cable system.§ A381-11. Governing requirements;

agreement and incorporationARTICLE IV of application by reference.Regulations § A381-12. Franchise fee.

§ A381-13. Use of public rights-of-way. § A381-33. County rules and regulations. § A381-14. Cable system construction. § A381-34. Grantee rules and§ A381-15. Construction and technical regulations. standards. § A381-35. Compliance with state and § A381-16. Insurance. federal laws.

§ A381-17. Security. § A381-36. Rate regulation.

§ A381-18. Indemnification. § A381-37. Subsequent regulatory authority.§ A381-19. Rights of individuals.

§ A381-20. Public notice.

§ A381-21. Availability of records and reporting.

§ A381-22. Periodic evaluation and review.

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§ A381-1 CECIL COUNTY CODE § A381-2

ARTICLE V § A381-41. Landlord/Tenant. Violation, Termination and Revocation of § A381-42. County's right of

Franchise intervention.

§ A381-43. Right of acquisition by§ A381-38. Forfeiture and termination. County.

§ A381-39. Notice of violation; hearing. § A381-44. Severability.

§ A381-45. Effective date.ARTICLE VIMiscellaneous

§ A381-40. Transfer of ownership or control.

[HISTORY: Adopted by the Board of Commissioners (now County Council) of CecilCounty 6-7-2011 by Ord. No. 2011-08. Amendments noted where applicable.]

GENERAL REFERENCES

Roads — See Ch. 295.

ARTICLE IGrant of Franchise

§ A381-1. Title and purpose.

This chapter shall be known and may be cited as the "Cecil County Cable Service FranchisingAct" (this "chapter"). The purposes of this chapter are to: (i) establish the terms andconditions under which a grantee occupying the public rights-of-way must operate withinCecil County; (ii) provide for the payment of a franchise fee to the County for use of thepublic rights-of-way and other costs associated with administering and regulating cableservice; and (iii) enhance the County's authority to grant a cable service franchise whilemanaging the public rights-of-way.

§ A381-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated. Words notdefined shall be given their common and ordinary meaning.

ACCESS MANAGER — Any person, including a nonprofit community access corporation,designated by the County to perform any or all of the following functions:

A. Manage any necessary scheduling or allocation of any PEG or institutional networkchannel capacity; and/or

B. Program any PEG channel on the County's behalf.

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§ A381-2 CABLE SERVICE FRANCHISING § A381-2

AFFILIATE — Each person who falls into one or more of the following categories:

A. Each person having, directly or indirectly, a controlling interest in a grantee;

B. Each person in which a grantee has, directly or indirectly, a controlling interest; or

C. Each person, directly or indirectly, controlling, controlled by or under commonmanagement, common ownership or common control with a grantee; provided that"affiliate" shall in no event mean any creditor of a grantee solely by virtue of its status asa creditor and which is not otherwise an affiliate by reason of owning, directly orindirectly, a controlling interest in, being owned by or being under common ownership,common management or common control with a grantee.

AGREEMENT or FRANCHISE AGREEMENT — A binding contract granting a cableservice franchise pursuant to this chapter, and any amendments, exhibits or appendicesthereto, containing the specific provisions of the cable service franchise granted, includingreferences, specifications, requirements and other related matters.

BASIC CABLE SERVICE — Any service tier, which includes the retransmission or deliveryof local television broadcast signals, origination channels and PEG access channels. In theevent that the definition of "basic cable service" is amended by an act of the United StatesCongress, under the Cable Act or otherwise, then the definition under this section shall beamended to conform therewith.

CABLE ACT — The Cable Communications Policy Act of 1984, codified at Title VI of theCommunications Act of 1934, 47 U.S.C. §§ 521 through 573, as amended by the CableTelevision Consumer Protection and Competition Act of 1992 and the TelecommunicationsAct of 1996, and as may be amended from time to time.

CABLE SERVICE — The one-way transmission to subscribers of video programming orother programming services and subscriber interaction, if any, which is required for theselection or use of such video programming or other programming service.

CABLE SYSTEM or SYSTEM — A system of poles, wires, cables, fibers, lines,underground conduits, converters, equipment, appliances and/or facilities designed,constructed or used for the purpose of producing, receiving, amplifying, transmitting anddistributing radio, television, telephone, data and two-way interactive impulses and energy andother information, related services, products or matters to residential and commercialcustomers of a grantee but such term does not include:

A. A facility that serves only to retransmit the television signals of one or more televisionbroadcast stations;

B. A facility that serves subscribers without using any public rights-of-way;

C. A facility of a common carrier which is subject, in whole or in part, to the provisions ofChapter II of the Cable Act, except that such facility shall be considered a cable systemif such facility is used in the transmission of video programming directly to subscribers,unless the extent of such use is solely to provide interactive on-demand services; or

D. Any facilities of any electric utility used solely for operating its electric utility system.

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A reference to a "cable system" in this chapter refers to any part of such cable system.The foregoing definition of "cable system" shall not be deemed to circumscribe or limitthe ability of the grantee to provide any other service over its facilities that may bepermitted under applicable law or the authority of the County to regulate or franchisethe activities of any such service to the maximum extent permitted by law.

CHANNEL — A portion of the electromagnetic frequency spectrum that is used in a cablesystem and which is capable of delivering a television channel (as a "television channel" isdefined by the FCC).

CONTROL or CONTROLLING INTEREST — Actual working control or ownership of asystem in whatever manner exercised. A rebuttable presumption of the existence of control ora controlling interest shall arise from the beneficial ownership, directly or indirectly, by anyperson or entity (except underwriters during the period in which they are offering securities tothe public) of 25% or more of a cable system or a franchise under which the system isoperated. A change in the control or controlling interest of any entity which has control or acontrolling interest in a grantee shall constitute a change in the control or controlling interestof the system under the same criteria. Control or a controlling interest, as used herein, may beheld simultaneously by more than one person or entity.

CONVERTER — An electronic tuning device which converts cable service signals into asignal that can be received and displayed on a subscriber's television set. While not an explicitpart of signal conversion, many cable converter boxes include forms of descrambling tomanage carrier-controlled access restriction to various channels.

COUNTY — Cecil County, Maryland, a body politic and corporate under the laws of theState of Maryland, and any agency or department thereof.

DIRECTOR OF ADMINISTRATION — The administrative head of the County, or his/herdesignee, appointed by the County Executive.1

FCC — The Federal Communications Commission and any legally appointed, designated orelected agent or successor.

FRANCHISE — A nonexclusive authorization, or renewal thereof, evidenced by a writtenfranchise agreement, granted pursuant to this chapter and applicable law, to construct, operateand maintain a cable system and other services offered by a grantee from time to time withinthe public rights-of-way to provide cable service within all or a specified area of CecilCounty. The term "franchise" includes a franchise agreement. Any such authorization, inwhatever form granted, shall not mean or include any license or permit required for theprivilege of transacting and carrying on a business within Cecil County as required byapplicable law, or for attaching devices to poles or other structures, whether owned by theCounty or a private entity, or for excavating or performing other work in or along the publicrights-of-way.

FRANCHISE AREA — The geographic area within Cecil County that a grantee is authorizedto serve by its franchise.


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FRANCHISE FEE — The fee imposed by the County pursuant to § A381-12 of this chapter.The term "franchise fee" does not include:

A. Any tax, fee or assessment of general applicability (including any such tax, fee orassessment imposed on both utilities and cable operators);

B. Capital costs that are required by a franchise agreement to be incurred by the cableoperator for public, educational or governmental access facilities; or

C. Requirements or charges incidental to the awarding or enforcing of a franchise, includingpayments for bonds, security funds, letters of credit, insurance, indemnification, penaltiesor liquidated damages.

GRANTEE — A person to whom or which a franchise is granted by the County pursuant tothis chapter, along with the lawful successors or assigns of such person.

GROSS REVENUE — Any and all revenues or consideration of any kind or nature thatconstitutes revenue within generally accepted accounting principles (including, withoutlimitation, cash and credits) actually received by grantee, from the provision of cable serviceover the cable system within the franchise area.

A. Gross revenues include, by way of illustration and not limitation:

(1) Monthly fees charged to subscribers for any basic, optional, premium, per-channel,per-program service or any other cable service;

(2) Installation, disconnection, reconnection, change-in-service and late fees;

(3) Leased access channel fees; and

(4) Revenues from rentals or sales of converters and/or other subscriber equipment.

B. Gross revenues shall not include:

(1) To the extent consistent with generally accepted accounting principles, actualbad-debt write-offs;

(2) Any taxes or fees, including the franchise fee, on services furnished by a granteewhich are imposed directly on any subscriber or user by the state, the County orother governmental unit and which are collected by the grantee on behalf of saidgovernmental unit.

INITIAL SERVICE AREA — All areas in Cecil County that will receive cable serviceinitially, as set forth in a franchise agreement.

INSTALLATION — The connection of the system to subscribers' terminals, and theprovision of cable service.

LEASED ACCESS CHANNEL — Any channel designated or dedicated for use by personsunaffiliated with a grantee.

NORMAL BUSINESS HOURS — Those hours during which businesses in Cecil Countysimilar to a grantee are open to serve customers.

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NORMAL OPERATING CONDITIONS — Those service conditions which are within thecontrol of a grantee. Those conditions which are not within the control of a grantee include,but are not limited to, natural disasters, civil disturbances, power outages, telephone networkoutages and severe or unusual weather conditions. Conditions which are ordinarily within thecontrol of a grantee include, but are not limited to, special promotions, pay-per-view events,rate increases, regular peak or seasonal demand periods and maintenance or upgrades of thecable system.

OUTAGE — The complete loss of picture, sound or both on multiple channels from multipleprogrammers due to a common problem which affects multiple customers on the system.

PEG ACCESS USER — A person authorized to administer or operate a PEG facility andshall include the County and the access manager. If several persons operate or share the samePEG facility, each person shall be considered a separate PEG access user.

PEG or PUBLIC, EDUCATIONAL OR GOVERNMENT FACILITIES —

A. Channel capacity provided by a grantee designated for public, educational orgovernmental use; and

B. Facilities and equipment for the use of such channel capacity.

PERSON — Any natural person or any partnership, association, joint-stock company, jointventure, domestic or foreign corporation, stock or nonstock corporation, limited-liabilitycompany, professional limited-liability company, an organization or entity of any kind or anylawful successor thereto or transferee thereof. Such term does not include the County.

PUBLIC RIGHTS-OF-WAY — The surface of and all rights-of-way and the space aboveand below any public street, road, highway, freeway, lane, path, public way or place,sidewalk, alley, court, boulevard, parkway, bridge, driveway, drive or easement now orhereafter held by the County for the purpose of public travel and shall include other similareasements or rights-of-way as shall be now held or hereafter held by the County which shall,within their proper use and meaning, entitle a grantee to the use thereof for the purposes ofinstalling poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers,appliances, attachments and other property as may be ordinarily necessary and pertinent to acable system.

SERVICE INTERRUPTION — The loss of either picture or sound or both, on one or morechannels, affecting at least one subscriber on the system.

STATE — The State of Maryland.

SUBSCRIBER — Any person lawfully receiving cable service provided by a grantee bymeans of or in connection with the cable system, whether or not a fee is paid for such cableservice, including such persons authorized to receive cable service without charge as providedfor in a franchise agreement.

§ A381-3. Grant of rights.

Any franchise granted by the County shall grant to a grantee the nonexclusive right andprivilege to construct, erect, install, maintain or operate: (i) a cable system in, upon, along,

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across, above, over and under the public rights-of-way within Cecil County now in existenceand as may be created or established during any franchise term; (ii) any poles, wires, cable,underground conduits, manholes and other television conductors and fixtures necessary for themaintenance and operation of a cable system to provide cable service; and (iii) other servicesas may lawfully be allowed within a franchise area. A franchise granted by the County doesnot expressly or implicitly authorize a grantee to provide service to, or install a cable systemon, private property without the owner's consent (except for use of compatible easementspursuant to the Cable Act) or to use publicly or privately owned conduits or any other publicproperty without a separate agreement with the owner(s) thereof.

§ A381-4. Franchise application, fee and review process.

A. Any person desiring an initial franchise for cable service or the renewal or modificationof an existing franchise for cable service shall file a written application with the County.The application shall be in such form and under such terms and conditions as determinedby the County.

B. To be acceptable for filing, a signed original of the application shall be submittedtogether with sufficient copies required by the County. The application must beaccompanied by any required application filing fee, conform to any applicable request forproposals and contain all required information. All applications shall include the namesand addresses of persons authorized to act on behalf of all applicants with respect to theapplication.

C. All applications accepted for filing shall be made available by the County for publicinspection.

D. A person may apply for an initial franchise by submitting an application containing, at aminimum, the following information:

(1) Name and address of the applicant and identification of the ownership and controlof the applicant, including:

(a) The names and addresses of the 10 largest holders of an ownership interest inthe applicant and affiliates of the applicant, and all persons with 5% or moreownership interest in the applicant and its affiliates;

(b) The persons who control the applicant and its affiliates; and

(c) All officers and directors of the applicant and its affiliates;

(2) A demonstration of the applicant's technical ability to construct and/or operate theproposed cable system, including identification of key personnel;

(3) A demonstration of the applicant's legal qualifications to construct and/or operatethe proposed cable system;

(4) A statement prepared by a certified public accountant regarding the applicant'sfinancial ability to complete the construction and operation of the cable systemproposed;

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(5) A description of the applicant's prior experience in cable system ownership,construction and operation and identification of communities in which theapplicant or any of its principals have, or have had, a cable franchise or anyinterest therein;

(6) Identification of the area of Cecil County to be served by the proposed cablesystem, including a description of the proposed franchise area's boundaries;

(7) A detailed description of the physical facilities proposed, including channelcapacity, technical design, performance characteristics, head end and accessfacilities;

(8) Where applicable, a description of the construction of the proposed cable system,including an estimate of plant mileage and its location; the proposed constructionschedule; a description, where appropriate, of how services will be converted fromexisting facilities to new facilities; and information on the availability of space inconduits, including, where appropriate, an estimate of the cost of any necessaryrearrangement of existing facilities;

(9) The proposed rate structure, including projected charges for each service,installation, converters and all other proposed equipment or service;

(10) A demonstration of how the applicant will reasonably meet the future cable-relatedneeds and interests of Cecil County, including descriptions of how the applicantwill meet the needs described in any recent community needs assessmentconducted by or for the County, and how the applicant will provide adequate PEGchannel capacity, facilities or financial support to meet Cecil County's needs andinterests;

(11) Pro forma financial projection for the proposed franchise term, including astatement of projected income, and a schedule of planned capital additions, with allsignificant assumptions explained in notes or supporting schedules;

(12) If the applicant proposes to provide cable service to an area already served by anexisting grantee, the identification of the area where the overbuild would occur andthe ability of the public rights-of-way and other property that would be used by theapplicant to accommodate an additional cable system;

(13) Any other information that may be reasonably necessary to demonstratecompliance with the requirements of this chapter;

(14) Any additional information that the County may request of the applicant that isrelevant to the County's consideration of the application; and

(15) An affidavit or declaration of the applicant or authorized officer certifying the truthand accuracy of the information in the application, acknowledging theenforceability of application commitments and certifying that the applicationcomplies with applicable law.

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The County may, at its discretion and upon request of an applicant, waive inwriting the provision of any of the information required by this section.

E. An applicant shall be notified of any public hearings held in connection with theevaluation of its application and shall be given an opportunity to be heard.

F. A nonrefundable application fee shall accompany any initial franchise application,renewal application or modification application, unless otherwise stipulated by theCounty. The amount of the application fee shall be established by resolution of theCounty from time to time. In addition, the County may require an applicant to reimbursethe County for its reasonable out-of-pocket expenses in considering the application,including attorney and consultant fees. Payments made by a grantee hereunder shall notbe deemed to be franchise fees within the meaning of the Cable Act, and such paymentshall not be deemed to be involuntary payment chargeable against, or part of, thecompensation to be paid to the County by the grantee pursuant to § A381-12 of thischapter and applicable provisions of any franchise agreement. The purpose of theapplication fee is to cover costs incidental to processing and evaluating the applicationand/or enforcement of the franchise.

§ A381-5. Duration and acceptance of franchise.

A. A franchise and the rights, privileges and authority granted thereto shall take effect andbe in force as set forth in the franchise agreement and shall continue in force and effectfor a term of no longer than 15 years. Such franchise shall be nonexclusive andrevocable.

B. Within 30 days after the County's decision to grant a franchise, the intended grantee shallfile with the County its unconditional acceptance of the franchise and its promise tocomply with and abide by all its provisions, terms and conditions.

§ A381-6. Franchise renewal.

Franchise renewals shall be conducted in accordance with applicable law, including, but notlimited to, the Cable Act, as amended. The County and a grantee, by mutual consent, mayenter into renewal negotiations at any time during the term of a franchise agreement.

§ A381-7. Notices.

All notices, reports or demands required to be given in writing pursuant this chapter shall bedelivered personally to the Director of Administration or his/her designee, if to the County,and to the person designated by the grantee in a franchise agreement, if to the grantee. Agrantee shall maintain with the County, throughout the term of a franchise, an address forpersonal service and a central office to address any issues relating to a franchise operatingunder this chapter.

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§ A381-8. Police powers.

A. In entering into a franchise agreement with the County, a grantee shall acknowledge thatits rights thereunder are subject to the police powers of the County to adopt and enforcegeneral public local laws pursuant to applicable law and necessary to the health, safetyand welfare of the public. A grantee shall also agree to comply with all applicable lawsenacted or adopted by the County pursuant to such power.

B. Any conflict between the provisions of this chapter and any other present or future lawfulexercise of the County's police powers shall be resolved in favor of the latter, except thatany such exercise that is not of general application in Cecil County, or appliesexclusively to a grantee or cable service, which contains provisions inconsistent with thegrantee's franchise agreement, shall prevail only if upon such exercise the County findsan emergency exists constituting a danger to health, safety, property or general welfare orsuch exercise is mandated by law.

C. In the event that the state or federal government discontinues preemption in any area ofcable service over which it currently exercises jurisdiction in such manner as to expandrather than limit municipal regulatory authority, the County is authorized to adopt rulesand regulations in such area(s) to the extent permitted by law.

ARTICLE IIGeneral Requirements

§ A381-9. Franchise required.

It shall be unlawful for any person to construct, erect, install, maintain or operate a cablesystem in Cecil County within any public rights-of-way without first having been granted afranchise by the County pursuant to this chapter.

§ A381-10. Franchise area.

Any franchise to provide cable service shall be valid within all the corporate limits of CecilCounty, exclusive of incorporated municipalities, unless otherwise specified in a franchiseagreement.

§ A381-11. Governing requirements; agreement and incorporation of application byreference.

Upon adoption of a franchise agreement and execution thereof, a grantee shall be bound by allthe terms and conditions of this chapter and any amendments thereto, unless otherwiseprovided in a franchise agreement. A grantee shall also agree to provide all servicesspecifically set forth in its application, if any, and to provide cable service within the confinesof its franchise area. By its acceptance of a franchise agreement, a grantee specifically grantsand agrees that its application is thereby incorporated by reference and made a part of thefranchise agreement. In the event of a conflict between the application and the provisions ofthis chapter, that provision which provides the greatest benefit to the County, in the opinion ofthe County, shall prevail.

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§ A381-12. Franchise fee.

A. The public rights-of-way of the County to be used by a grantee in the operation of itscable system within the boundaries of Cecil County are held in public trust for thebenefit of the citizens and taxpayers of Cecil County, and the grant of a franchise to agrantee is a valuable right without which a grantee would be required to investsubstantial capital in right-of-way costs, acquisitions and maintenance. For this reason, agrantee shall pay to the County an annual franchise fee not to exceed 5% of the grantee'sgross revenue as defined herein. The franchise fee applicable to each franchise shall bespecified in a franchise agreement.

B. The franchise fee shall be in addition to any other tax, fee or assessment of generalapplicability or payment owed to the County by a grantee.

C. The franchise fee shall be paid on a quarterly basis and shall be due 45 days after theclose of each calendar quarter, unless otherwise specified in a franchise agreement. Eachpayment shall be accompanied by a verified statement showing the basis for thecomputation and such other relevant factors as may be required by a franchise agreement.

D. The County shall have the right, no more frequently than once every 12 months, toinspect a grantee's gross revenue records directly related to the calculation of thefranchise fee and the right to audit and to recompute any amounts determined to bepayable under this chapter upon 30 days' prior notice to the grantee. Any additionalamount due to the County as a result of the audit shall be paid within 30 days followingwritten notice to the grantee by the County, which notice shall include a copy of theaudit report. In the event of an overpayment, grantee may deduct the amount of theoverpayment from the subsequent franchise fee payment. Unless required by law, theCounty shall not disclose to any third party (other than its financial advisors in theircapacity as such) any financial information or other information that would reasonably beregarded as confidential that the County gains access to in connection with the provisionsof this subsection. A grantee's gross revenue records, when made available to the County,shall not include subscriber-specific information.

E. If an audit review shows that any franchise fees have been underpaid, then a granteeshall pay the underpaid amount. If franchise fees have been underpaid by 10% or more,then a grantee shall also reimburse the County for any reasonable additional expensesand costs incurred in connection with such underpayment.

F. A grantee shall not bundle its cable service with non-cable service so as to intentionallyreduce or evade the imposition of the franchise fee. The County may not interfere with agrantee's marketing of its products or services.

G. Unless otherwise specified in a franchise agreement, if any franchise fee payment orrecomputed amount, cost or penalty is not made on or before the applicable dates setforth in this chapter, interest shall be charged daily from such date at the maximum legalrate charged by the Internal Revenue Service for late tax payments and a grantee shallreimburse the County for reasonable additional expenses and costs incurred by reason ofthe delinquent payment(s).

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§ A381-13. Use of public rights-of-way.

A. For the purpose of operating and maintaining a cable system in the franchise area, agrantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over,under, upon, across and along the public rights-of-way within the franchise area suchwires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, pedestals,attachments and other property and equipment as are necessary to the operation of thecable system; provided, however, that the grantee complies with all design, construction,safety and performance provisions contained in this chapter, the franchise agreement, andother applicable law.

B. A grantee's cable system, poles, wires and appurtenances shall be located, erected andmaintained so that none of its facilities shall endanger or interfere with the lives ofpersons or interfere with the rights or reasonable convenience of property owners whoadjoin any of the public rights-of-way, or interfere with any improvements the Countymay deem proper to make, or unnecessarily hinder or obstruct the free use of the publicrights-of-way of Cecil County.

C. Before commencing construction in, above, over, under, across, through or in any wayconnected with the public rights-of-way (other than such public areas not under theCounty's control), a grantee shall obtain all required permits (at the fees regularlycharged therefor), including but not limited to the written approval of the County, whichapproval shall not be unreasonably withheld, delayed or conditioned. The County maydesignate the location, manner and time of any construction within the publicrights-of-way. Notwithstanding the foregoing, a grantee shall not be required to obtain apermit for individual drop connections to subscribers, for servicing or installingpedestals, or in instances of routine or emergency maintenance or repair to its cablesystem.

D. In case of any disturbance of pavement, sidewalk, landscaping, driveway or othersurfacing, including the surface of the public rights-of-way, caused by a grantee or anyperson acting on its behalf, the grantee shall, at its own cost and expense and in a mannerand within a time frame approved by the County, replace and restore all such paving,sidewalk, driveway, landscaping or other surface disturbed, to a condition comparable tothat before the work was commenced and in accordance with standards for such work setby the County.

E. A grantee or any other person acting on its behalf shall not open or otherwise disturb thesurface of any public right-of-way for any purpose whatsoever without: (i) obtainingapproval to do so in the manner prescribed in Subsections C and D; and (ii) obtaining allrequired street opening or other permits. A grantee shall be fully responsible for theactions and activities of its agents, employees and subcontractors and shall immediatelyrespond to and rectify any complaint resulting from an activity of any such agent,employee or subcontractor.

F. A grantee shall restore any public right-of-way it has disturbed, and shall, at its own costand expense, restore and replace any other property disturbed, damaged or in any wayinjured, by or on account of its activities, to a condition comparable to the condition thatsaid public right-of-way was in immediately prior to the disturbance, damage or injury.

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G. A grantee shall, at its own cost and expense, protect, support, temporarily disconnect,relocate in the same public right-of-way, or remove from said public right-of-way, any ofits property when required to do so by the County because of street or other publicexcavation; construction; repair; regrading or grading; traffic conditions; installation ofsewers, drains, or water pipes; County-owned power or signal lines; tracks; vacation orrelocation of streets or any other type of structure or improvement of a public agency; orany other type of improvement necessary for the public health, safety or welfare. In thecourse of planning and designing such public improvements the County may request, anda grantee shall provide, plans, surveys and similar instruments and information accuratelyidentifying vertical and horizontal locations of the underground system. When and wherenecessary, as determined by the County, a grantee shall, at its expense, performnondestructive excavation for information on the underground system location.

H. A grantee shall have the authority to trim trees within the public rights-of-way at its ownexpense as may be necessary to protect its wire and facilities, subject to the direction ofthe County or any other appropriate governmental authority.

I. Erection, removal and common uses of poles:

(1) No poles or other wire-holding structures shall be erected by a grantee withoutprior approval of the County with regard to location, height, types and any otherpertinent aspect. However, no location of any pole or wire-holding structure of agrantee shall be a vested interest and such poles or structures shall be removed ormodified by the grantee at its own expense whenever the County determines thatthe public health, safety and/or welfare may be enhanced thereby.

(2) Where poles or other wire-holding structures already existing for use in serving theCounty are available for use by a grantee, but the grantee does not makearrangements for such use or an agreement thereof cannot be reached, the Countymay require the grantee to use such poles and structures if it determines that thepublic convenience would be enhanced thereby, the use of such poles andstructures is technically feasible and the terms of the use available to the granteeare just and reasonable.

J. If, at any time during the term of a franchise, the County shall lawfully elect to alter orchange the grade of any public right-of-way and shall require all of the respective publicutilities impacted by such alteration to remove or relocate their facilities, a grantee, uponreasonable notice by the County, shall remove or relocate as necessary its poles, wires,cables, underground conduits, manholes and other fixtures at its own expense unless theutilities are compensated, in which case the grantee shall be similarly compensated.

K. A grantee shall, on the request of any person holding a building or moving permit issuedby the County, temporarily raise or lower its wires to permit the moving of buildings.The person making the request shall provide the grantee at least 30 days' prior writtennotice to arrange for such temporary wire changes and pay the expense of suchtemporary removal, raising or lowering of wires, and a grantee shall have the authority torequire such payment in advance.

L. The operations and activities of a grantee that impact public rights-of-way are furthersubject to the provisions of Chapter 295, Roads, Article I, Drainage, Obstructions,

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Alterations and Signs, of the Code of Cecil County, and any conflict between theprovisions of this chapter and Chapter 295, Article I, shall be resolved in favor of thebest interests of the County.

§ A381-14. Cable system construction.

A. The cable system construction timetable in an initial service area shall be established in afranchise agreement.

B. Unless otherwise provided for in a franchise agreement:

(1) In any franchise area, a grantee shall be required to extend its cable systempursuant to the following requirements:

(a) No customer shall be refused service arbitrarily. A grantee may extend thecable system as necessary within the County. To expedite the process ofextending the cable system into a new subdivision, the County will forwardto a grantee, at grantee's request, an approved engineering plan of each suchproject. Subject to the density requirements set forth in this chapter, a granteeshall commence the design and construction process upon receipt of the finalengineering plan.

(b) Unless otherwise provided in the franchise agreement, a grantee must extendand make cable service available to every residential dwelling unit within thefranchise area where the minimum density is at least 25 occupied dwellingunits per mile and within one mile, as measured in strand footage, from thenearest point of the cable system trunk or feeder line from which a usablecable signal is obtainable. For purposes of this section, a home shall becounted as a "dwelling unit" if such home is located within 400 feet of theclosest public right-of-way.

(c) A grantee shall connect all residential dwelling units that are within 125 feetof active feeder lines not otherwise already served by the cable system("standard installation"). The grantee shall be allowed to recover, from anysubscriber that requests such connection, the actual costs incurred for aresidential dwelling unit connection that exceeds the distance of a standardinstallation.

(2) In areas not meeting the requirements for mandatory extension of cable service, agrantee shall provide, upon the request of a potential subscriber desiring service, anestimate of the costs required to extend service to the subscriber. Service to suchsubscribers may be conditioned by a grantee upon the payment or a guaranty ofpayment of associated costs and fees.

(3) Where utility easements are available, the grantee shall install its cable systemtherein so as not to encroach into the public right-of-way. In cases of newconstruction or property development where utilities are to be placed underground,the County shall encourage the developer or property owner to give granteesreasonable, prior written notice of such construction or development, and of the

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particular date on which open trenching will be available for the installation ofgrantee conduit, pedestals and/or vaults and laterals to be provided at the expenseof grantee.

(4) A grantee may propose a line extension policy which will result in serving moreresidents of Cecil County than as required in this section, in which case such lineextension policy shall be incorporated into a franchise agreement, and will bebinding on the grantee.

C. Nothing herein shall be construed to prevent a grantee from serving areas not coveredunder this section upon agreement with developers, property owners, or residents,provided that franchise fees are paid to the County on those gross revenues.

§ A381-15. Construction and technical standards.

A. A grantee shall construct, install, operate and maintain its cable system in a mannerconsistent with all applicable laws, construction standards, governmental requirementsand FCC technical standards, as the same may be amended from time to time, includingthose requirements related to radio frequency (RF) leakage. In addition, a grantee shallprovide the County, upon request, with a written report of the results of the grantee'speriodic proof-of-performance tests conducted pursuant to FCC standards andrequirements.

B. Additional specifications.

(1) Construction, installation and maintenance of a cable system shall be performed inan orderly and workmanlike manner. All cables and wires shall be installed, wherepossible, parallel with electric and telephone lines in accordance with industrystandards. Multiple cable configurations shall be arranged in parallel and bundledwith due respect for engineering considerations.

(2) A grantee shall at all times comply with applicable provisions of the following:

(a) National Electrical Safety Code (National Bureau of Standards); NationalElectric Code (National Bureau of Fire Underwriters); and

(b) FCC and other federal, state and local regulations.

(3) In any event, a cable system shall not endanger or interfere with the safety ofpersons or property in a franchise area or other areas where a grantee may haveequipment located.

(4) Any antenna structure used in the cable system shall comply with construction,marking and lighting of antenna structures, required by the United StatesDepartment of Transportation.

(5) All working facilities and conditions used during construction, installation andmaintenance of the cable system shall comply with the applicable standards of theOccupational Safety and Health Administration.

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(6) A grantee shall maintain equipment capable of providing emergency standbypower for the head end and transport cable system for a minimum of three hours,unless otherwise provided for in a franchise agreement.

(7) In all areas of Cecil County where the cables, wires and other like facilities ofpublic utilities are placed underground, a grantee shall place its cables, wires andother like facilities underground, provided that such underground facilities areactually capable of accommodating the grantee's cable and other equipmentwithout technical degradation of the cable system's signal quality.

C. A grantee's repeated and verified failure to maintain specified technical standards shallconstitute a material franchise violation.

§ A381-16. Insurance.

A grantee shall carry insurance in such forms and in such companies as specified in afranchise agreement.

§ A381-17. Security.

A. Unless otherwise provided in a franchise agreement, a grantee shall obtain and maintainduring the franchise term, at its sole cost and expense, a performance bond or acomparable security instrument running to the County with a surety company licensed todo business in the State of Maryland to ensure the grantee's faithful performance of itsobligations under the franchise agreement. The performance bond or comparable securityinstrument shall provide that the County may recover from the principal and surety anyand all liquidated damages and/or compensatory damages incurred by the County for thegrantee's confirmed violations of the franchise agreement, after notice and opportunity tocure, in accordance with § A381-39 of this chapter. The form and amount of theperformance bond or comparable security instrument shall be specified in the franchiseagreement. A grantee shall not reduce, cancel or materially change said bond orcomparable security instrument from the requirement contained herein without theexpress prior written permission of the County.

B. Nothing herein shall be deemed a waiver of the normal permit and bonding requirementsmade of all contractors working within the County's public rights-of-way or otherwise.

§ A381-18. Indemnification.

A. The County shall not at any time be liable for injury or damage occurring to any personor property from any cause whatsoever arising out of the construction, maintenance,repair, use, operation, condition or dismantling of a grantee's cable system or due, inwhole or in part, to the act or omission of any person other than the County or thosepersons for which the County is legally liable as a matter of law.

B. A grantee, under any franchise operated pursuant to this chapter, shall agree toindemnify, hold harmless, release and defend the County, its officers, boards,commissions, agents and employees from and against any and all lawsuits, claims, causes

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of action, actions, liability, demands, damages, disability, losses, expenses, includingreasonable attorneys' fees and costs, or liabilities of any nature that may be asserted byany person resulting or in any manner arising from the negligent action or inaction of thegrantee in constructing, operating, maintaining, repairing or removing the cable system,in carrying on the grantee's business or operations in the County or in exercising orfailing to exercise any right or privilege granted by the franchise. This indemnity shallapply, without limitation, to any action or cause of action for invasion of privacy,defamation, antitrust, errors and omissions, theft, fire, violation or infringement of anycopyright, trademark, trade names, service mark or patent or any other right of anyperson, firm or corporation, whether or not any act or omission complained of isauthorized, allowed or prohibited by this chapter or any franchise agreement, but shallnot include any claim or action arising, in whole or in part, out of the negligent actionsor inactions of County officers, employees or agents or related to any Countyprogramming or other access programming for which the grantee is not legallyresponsible.

C. In the event any action or proceeding shall be brought against the County or any of itsofficers, boards, commissions, agents or employees by reason of any matter for which theCounty is indemnified hereunder, the grantee shall, upon timely notice from the County(a period of time provided by law that allows the grantee to take action to avoid entry ofa default judgment and does not prejudice the grantee's ability to defend the claim oraction) and at the grantee's sole cost and expense, resist and defend the same; provided,however, that the grantee shall not admit liability in any such matter on behalf of theCounty or any of its officers, boards, commissions, agents or employees without thewritten consent of the County Attorney or the County Attorney's designee.

D. The County shall give a grantee prompt notice of the making of any claim or thecommencement of any action, suit, or other proceeding subject to indemnificationpursuant to this section. Nothing herein shall be deemed to prevent the County fromcooperating with a grantee and participating in the defense of any litigation through theCounty Attorney.

E. Nothing in any franchise agreement entered into pursuant to this chapter shall beintended to express or imply a waiver of the statutory provisions, of any kind or nature,as set forth in state statutes, including the limits of liability of the County as existspresently or may be amended from time to time.

§ A381-19. Rights of individuals.

A. A grantee shall not deny service or access or otherwise discriminate against subscribers,channel users, PEG users or any other citizen of Cecil County on the basis of race, color,religion, national origin, disability or gender. A grantee shall comply at all times with allapplicable law relating to nondiscrimination, which are hereby incorporated and madepart of this chapter by reference.

B. A grantee shall strictly adhere to the equal employment opportunity requirements of theFCC, federal, state and local regulations, as amended from time to time.

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C. A grantee shall, at all times, comply with the privacy requirements of federal and statelaw.

D. A grantee is required to make all cable system services available to all residentialdwellings and dwelling units throughout the franchise area which meet the minimumhousing density requirements set forth in this chapter or in a franchise agreement.

E. It shall be the right of all persons to receive all available services provided on the cablesystem so long as such person's financial or other obligations to the grantee are satisfied;provided, however, that the grantee may deny service for good cause, including but notlimited to theft of grantee's services, vandalism of its property or abuse or harassment ofits representatives. Nothing contained herein shall prohibit the grantee from offering bulkdiscounts, promotional discounts, package discounts or other such pricing strategies aspart of its business practice, subject to the provisions of this chapter. The grantee shallassure that access to cable services is not denied to any group of potential residentialcable subscribers because of the income of the residents of the local area in which suchgroup resides.

§ A381-20. Public notice.

Minimum public notice of any public meeting relating to a franchise shall be made asprescribed by the County.

§ A381-21. Availability of records and reporting.

A. A grantee shall fully cooperate in making available at reasonable times, and the Countyshall have the right to inspect, where reasonably necessary to the enforcement of afranchise and upon reasonable prior written notice, books, records, reports, maps, plansand other like materials of the grantee directly applicable to the cable system in theCounty.

B. The following records and/or reports are to be made available to the County upon 30days' prior written request:

(1) Periodic preventive maintenance reports;

(2) Any copies of FCC Form 396-C, Multi-Channel Program Distributor EEOProgram Annual Report (or successor form), or any supplemental forms related toequal opportunity or fair contracting policies;

(3) A record of monthly service calls which will indicate the nature of each writtensubscriber inquiry/complaint received in the past 12 months, the date it wasreceived, the disposition of the inquiry/complaint and the date of resolution; and

(4) Periodic construction update reports, during that period of time a constructionproject is in progress and/or the submission of strand maps (i.e., maps showing thelocation of the cable system in relation to the streets and roadways in the County).

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C. Upon request, a grantee shall file annually with the County, no later than 120 days afterthe end of the grantee's fiscal year, a copy of a gross revenues statement certified by anofficer of the grantee.

§ A381-22. Periodic evaluation and review.

A. Upon written request of not less than 30 days' prior written notice to a grantee, theCounty may conduct evaluation and review sessions during the term of a franchiseagreement, but not more than once every three years; provided, however, that specialevaluation and review sessions may be held at any time during the franchise term at therequest of the County or a grantee.

B. All scheduled evaluation and review sessions shall be open to the public and announcedin a newspaper of general circulation in accordance with legal notice standards applicableto public hearings. The County, in its discretion, may also require a grantee to notify itssubscribers of all such sessions by announcements on at least one channel of the cablesystem during a specified time frame preceding each session. During any such publicperformance evaluation session in which a grantee chooses to participate, grantee shall beafforded due process and a full opportunity to be heard. This shall include the ability tointroduce evidence, to question witnesses and to respond to any notice of technical orlegal shortcoming in accordance with the standards of a fair hearing applicable toadministrative or public hearings pursuant to County, state and/or federal law.

C. During an evaluation and review session, a grantee may choose not to participate butshall fully cooperate with the County and shall provide without cost such reasonableinformation and documents as the County may request to perform the evaluation andreview in accordance with applicable law.

D. As a result of an evaluation and review session, if the County has reason to believe that agrantee violated any technical or customer service provision of the franchise agreementand/or applicable law, then it shall notify the grantee pursuant to § A381-39.

§ A381-23. Public requests for information.

A. In any franchise agreement entered into pursuant to this chapter, the County shall agreeto timely advise a grantee of any request by any person, other than a County official orCounty employee in the performance of such County official's or County employee'sduties, seeking to review or obtain such documents. In the event that the Countydetermines that such documents are disclosable under the Maryland Public InformationAct ("MPIA"),2 the County shall timely advise the grantee and allow the grantee tochallenge the disclosure of such documents at the grantee's own expense. If the grantee'schallenge of the disclosure is unsuccessful, the grantee, in addition to its own expenses,shall indemnify, defend and hold harmless the County, and its officials and employees, ofand from all costs and damages related to the challenge, including reasonable attorneys'fees. If the County determines that such documents are not disclosable under the MPIA,the County shall not disclose such documents, shall advise the requester of the basis for

2. Editor's Note: See State Government Article, Title 10, Subtitle 6, § 10-611 et seq., Annotated Code of Maryland.

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such nondisclosure and requester's rights under the MPIA and shall advise timely thegrantee of any challenge by the requester to such action.

B. In any franchise agreement entered into pursuant to this chapter, a grantee and theCounty shall each agree to provide the other, upon written request, with copies of allpleadings, court filings and nonprivileged correspondence relating to the defense of anyaction brought to disclose documents under the MPIA.

§ A381-24. Continuity of service mandatory.

A. It shall be the right of all subscribers to continue receiving cable service, consistent withthe provisions of § A381-19. If a grantee elects to rebuild, modify or sell its cablesystem, or the County gives notice of intent to terminate or fails to renew a franchise, thegrantee shall act so as to ensure that all subscribers receive continuous, uninterruptedservice regardless of the circumstances.

B. If there is a change of franchise, or if a new operator acquires the cable system, a granteeshall cooperate with the County, new grantee or operator in maintaining continuity ofservice to all subscribers. During this transition period, a grantee shall be entitled to therevenues for any period during which it operates the cable system, and shall be entitledto reasonable costs for its services until it no longer operates the cable system.

C. Unless otherwise provided for in the franchise agreement, if a grantee fails to operate acable system for 14 consecutive days without prior approval of the County or withoutjust cause, the County may, at its option, operate the cable system or designate anoperator until such time as the grantee restores service under conditions acceptable to theCounty or a permanent operator is selected. If the County is required to fulfill thisobligation for a grantee, the grantee shall reimburse the County for all reasonable costsor damages in excess of revenues from the cable system received by the County that arethe result of the grantee's failure to perform.

§ A381-25. Complaint procedure.

A. The Director of Administration, or his designee, is designated as having primaryresponsibility for the continuing administration of a franchise and implementation andoversight of complaint procedures.

B. Unless otherwise provided in the franchise agreement, a grantee shall maintain, duringthe term of a franchise and any renewal thereof, a central office for the purpose ofreceiving and resolving all complaints regarding the quality of service, equipmentmalfunctions, and similar matters. The office must be reachable by a local, toll-freetelephone call and by electronic mail.

C. As subscribers are connected or reconnected to a grantee's cable system, the granteeshall, by appropriate means, such as a card, brochure or electronic mail, furnishinformation concerning the procedures for making inquiries or complaints, including theaddress, local telephone number and Internet website for customer service.

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D. To the extent permitted by applicable law, the County shall have the right and authorityto require a grantee to test, analyze and report on the performance of its cable system,provided that the County shall not require a grantee to test the cable system as a whole,or any specific part thereof, more than once during any calendar year, unless a test showsthat the cable system or such a specific part fails to meet relevant performancespecifications. A grantee shall fully cooperate with the County in performing such testingand shall prepare results and a report, if requested, within 45 days after notice.

(1) Such report shall include the following information:

(a) The nature of the written complaint or problem which precipitated the tests;

(b) What cable system component was tested;

(c) The equipment used and procedures employed in testing;

(d) The method, if any, in which such complaint or problem was resolved; and

(e) Any other information pertinent to the tests and analysis which may berequired.

(2) A grantee's periodic proof-of-performance tests conducted pursuant to FCCstandards and requirements may satisfy a test or report required by the Countyunder this section.

(3) The County may require an independent review of a performance test, with theindependent reviewer selected by the County to review the cable system incooperation with a grantee. Should such a test prove that the grantee failed to meeta technical standard, the grantee shall bear the cost of such independent observer.Should such a test prove that the grantee met the technical standard(s), the Countyshall bear the cost of such test.

ARTICLE IIICable System Capabilities, Requirements and Operational Standards

§ A381-26. Required services and facilities.

A. A cable system shall have the services and facilities prescribed in this chapter and in afranchise agreement.

B. Upon the execution of a franchise agreement, a grantee shall notify the County of thenumber of channels and types of services it offers and intends to offer on the cablesystem. A grantee's channel lineup shall be an exhibit to the franchise agreement as anexample of the types of programming service the grantee provides. A grantee shall notifythe County in writing within 30 days of any change in the number of channels or typesof services offered, consistent with the requirements of federal law.

C. A grantee shall incorporate into its cable system sufficient capacity to transmit anemergency alert signal consistent with FCC requirements to all participating subscribersin the manner set forth under 47 CFR Part 11, FCC Rules and Regulations, Emergency

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Alert System (EAS), as amended. A grantee shall cooperate with the County in the useand operation of the EAS.

D. A grantee may alter, adjust, modify, rebuild, upgrade, redesign or otherwise reconfigurethe cable system at any time during the term of a franchise agreement; provided,however, that no such no alteration, adjustment, modifications, rebuild, upgrade, redesignor other reconfiguration of the cable system shall have the effect of reducing thetechnical capabilities of the cable system from those prescribed herein or in a franchiseagreement.

§ A381-27. Leased access channels.

A grantee shall make available leased access channels to assure that the widest possiblediversity of information sources are made available to subscribers. The number of suchchannels shall be determined by applicable law.

§ A381-28. Operational standards.

Unless otherwise provided in a franchise agreement:

A. A grantee shall put, keep and maintain all parts of a cable system in good conditionthroughout the term of a franchise.

B. Upon the reasonable request for service by any person located within a grantee'sfranchise area, the grantee shall, within 60 days, furnish the requested service to suchperson pursuant to this chapter and within the terms of any franchise agreement. Arequest for service shall be unreasonable for the purpose of this subsection if no trunkline installation capable of servicing the person's property has as yet been installed.

C. A grantee shall render efficient service, make repairs promptly and interrupt service onlyfor good cause and for the shortest time possible. Such interruptions, to the maximumextent practicable, shall be preceded by notice to subscribers and shall occur duringperiods of minimal cable system use.

D. A grantee shall not allow its cable system or other operations to interfere with televisionreception of subscribers or persons not served by the grantee.

E. A grantee shall provide and maintain a toll-free telephone access line available tosubscribers 24 hours a day, seven days a week, or a comparable customer servicecommunication system. Trained representatives shall be available to respond to customerinquiries during normal business hours.

F. Under normal operating conditions, telephone answer time, including wait time and thetime required to transfer the call, shall not exceed 60 seconds. This standard shall be metno less than 90% of the time as measured on a quarterly basis.

G. At least 95% of standard installations will be performed within seven business days afteran order has been placed, unless otherwise specified by the customer. A standardinstallation is one that is aerial and within 125 feet of an existing cable system.

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H. Excluding those situations which are beyond its control, a grantee will respond to anyservice interruption promptly and in no event later than 24 hours from the time theinterruption becomes known. All other regular service requests will be responded to thenext business day after notification of the service problem.

I. A customer service center(s) and bill payment facility(s) shall be conveniently located forCecil County subscribers and open for walk-in customer transactions during normalbusiness hours. A grantee may, in its sole discretion, establish supplemental hours onweekdays and/or weekends if it would fit the needs of the community served.

J. In the event of an outage of subscriber cable service, the following shall apply afterproper notification to a grantee:

(1) For outages of over six consecutive hours and up to seven days, the grantee shallprovide, at a subscriber's written request, a credit of 1/30 of one month's fees foraffected services for each twenty-four-hour period service is interrupted for sixconsecutive or more hours for any single subscriber, with the exception ofsubscribers disconnected because of nonpayment; excessive signal leakage; orcircumstances beyond grantee's reasonable control.

(2) For outages of seven days or more in one month which have been properlyreported in writing to grantee and which are within the reasonable control of thegrantee, the grantee shall provide, at a subscriber's written request, a credit forservice to affected subscribers in accordance with the grantee's billing and refundpolicies.

K. A grantee will provide written information in each of the following areas at the time ofinstallation and at any future time upon the request of the customer:

(1) Product and services offered;

(2) Prices and cable service options;

(3) Installation and service policies; and

(4) How to use the cable service.

L. Bills will be clear, concise and understandable, with all services itemized consistent withapplicable law.

M. Credits will be issued promptly, but no later than a customer's next billing cyclefollowing the resolution of the request and the return of equipment to a grantee if servicehas been terminated.

N. Unless otherwise specified by FCC regulations, customers and the County will benotified a minimum of 30 days in advance of any rate or programming channel change,provided that the change is within the control of a grantee.

O. In accordance with § A381-21B, a grantee shall keep a record of monthly service callswhich will indicate the nature of each service complaint received in the past 12 months,the date it was received, the disposition of said complaint, and the date thereof. Uponreasonable notice, such records shall be made available to the County for inspection.

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P. All personnel of a grantee contacting subscribers or potential subscribers outside theoffice of the grantee must be clearly identified as associated with the grantee.

§ A381-29. Parental control locks.

A grantee shall provide, for sale or lease, to subscribers, upon request, a parental controllocking device or digital code that permits inhibiting the video and audio portions of anychannels offered by the grantee.

§ A381-30. County access to cable services.

A. Basic cable service will, upon request of the County, be made available by a grantee toany County buildings and facilities identified in a franchise agreement. Connection andaccess to the cable system shall be provided to such public buildings and facilities within90 days of the County's written request. One drop per building or facility shall be madewithout charge for installation of up to 125 feet from a grantee's activated cable system.Unless otherwise provided in a franchise agreement, the County shall be solelyresponsible for any costs associated with the installation of any additional drop ornonstandard drop costs, line extension costs or other construction cost other than the onestandard drop per building or facility.

B. A grantee will not pass through, as an external cost to subscribers of the cable system,the cost of providing cable service, including Internet service, to County buildings andfacilities.

§ A381-31. Public, educational or government (PEG) channels.

Unless otherwise provided in a franchise agreement:

A. Upon 180 days' prior written request from the County, a grantee shall make available toeach of its subscribers who receive some or all of the cable services offered on the cablesystem reception of one PEG channel, which shall be used for noncommercial public,educational and government programming. The PEG channel shall be made available bya grantee for use by the County and its citizens in accordance with this chapter andapplicable law. The grantee will provide the PEG channel on the lowest available digitalprogramming tier or as otherwise provided in federal or state laws or regulations.

B. A grantee shall dedicate one additional channel for PEG access upon the County's 180days prior written request if the existing PEG channel is in continuous use.

(1) For purposes of this section, "continuous use" shall be defined as the use of thePEG channel with programming that is at least 80% original, nonrepetitiveprogramming broadcast from 8:00 a.m. to 11:00 p.m., seven days a week, for threeconsecutive months. Text or character-generated programming shall not beconsidered "continuous use" for purposes of this section.

(2) To the extent that a PEG channel is not being used for the provision ofnoncommercial, public, educational or governmental access purposes, a grantee

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shall be permitted to use such channel for the provision of other services, subjectto any reasonable rules established by the County regarding such use; provided,however, that such permitted use shall cease within 90 days of the grantee's receiptof written notice from the County that such channel will again be used for PEGaccess on a County-wide or cable-system-wide basis.

C. To enable distribution of the PEG channel, a grantee shall install the appropriate wiringif necessary, for an Internet-based or other type of capable technology-enabling cablecastand distribution via the cable system to subscribers in the franchise area. No charge shallbe made for the installation of the wiring if necessary; however, any equipment necessaryto distribute PEG programming will be at the County's expense. Any recurring monthlycosts for the Internet-based or other type of capable technology and/or the recurring costsof a third-party program support provider shall be at the expense of the County.

(1) If the County wishes to cablecast live programming, and such live programmingcannot be accommodated through an Internet-based or other type of capabletechnology, then the County shall select a location within the franchise area and agrantee shall provide and install, within 180 days' written notice from the County,the cables, wires, lines and other signal distribution equipment for an alternativetechnology such that live programming can originate from the selected locationand be distributed via the cable system to subscribers in the franchise area. Thesecables, wires, lines and other signal distribution equipment shall be collectivelyknown as the "return line."

(2) Any expenditures made in connection with construction and maintenance of returnlines for live programming, not utilizing an Internet-based or other type of capabletechnology, shall be at the expense of the County.

(3) A grantee shall be responsible for maintaining the wiring to the video originationpoints, provided that the County provides the grantee with access to the locationand access to the PEG equipment within the location. A grantee shall provide,install and maintain in good working order the equipment and the fiber necessaryfor transmitting the signal to the channel aggregation site for further processingand distribution to subscribers. A grantee shall deliver the PEG channel signal at alevel of technical quality in accordance with FCC technical specifications;provided, however, that the grantee shall have no responsibility to improve upon ormodify the signal quality of any PEG channel content provided to grantee by anyPEG access user.

(4) The County or its designee shall be responsible for providing any necessaryproduction or playback equipment and shall be responsible for securing andsupervising all of the trained/qualified personnel required for the operation of thePEG channel. The County and a grantee shall work cooperatively in implementingthe PEG channel through such means and in such manner as shall be mutuallysatisfactory.

D. PEG facilities and equipment.

(1) In promotion and support of PEG channel utilization, a grantee may pay theCounty a grant in such amount as may be set forth in the franchise agreement and

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such grant, if any, shall be used by the County, in its sole discretion, to purchase,operate and maintain PEG facilities and equipment.

(2) The County shall be responsible for the provision and operation of the PEGfacilities and equipment. The County may delegate from time to time itsresponsibilities to others, who then shall assume the responsibility of the County inaccordance with the County's delegation.

(3) The County will develop reasonable rules regarding use of PEG facilities andequipment.

(4) A grantee is responsible for its head end equipment necessary for the playback ofprogramming, including operation and maintenance. The County is responsible forall on-site equipment for telecasting from any origination point.

E. All capital costs incurred by a grantee for providing the use of the PEG channels andsupporting such channels, including any and all access facilities and equipment andcapital grants, may be designated as "costs of franchise requirements" or "external costs"pursuant to the Cable Act.

§ A381-32. Removal of cable system.

A. At the expiration of the franchise term or if any renewal request is denied, or upon thetermination of a franchise as provided in this chapter, the County may require a granteeto remove, at the grantee's expense, all designated portions of its cable system from allpublic rights-of-way within the County. If a grantee fails to do so within a reasonabletime prescribed by the County, then the County may perform such removal at thegrantee's expense.

B. Notwithstanding the above and pursuant to the Cable Act, a grantee shall not be requiredto remove its cable system, or to relocate or sell the cable system or any portion thereof,as a result of revocation, denial of renewal or any other lawful action to forbid ordisallow grantee from providing cable service, if the cable system is actively being usedto facilitate any other services not governed by the Cable Act or any portion thereof.

ARTICLE IVRegulations

§ A381-33. County rules and regulations.

In addition to the inherent powers of the County to regulate and control a cable servicefranchise, and those powers expressly reserved by the County or agreed to and provided for ina franchise agreement, the right and power is hereby reserved by the County to dulypromulgate such additional regulations as it shall find necessary in the exercise of its lawfulpowers and furtherance of the terms and conditions of this chapter; provided, however, suchrules, regulations, terms or conditions shall not be in conflict with a franchise agreementgranted pursuant to this chapter or applicable law.

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§ A381-34. Grantee rules and regulations.

A grantee shall have the authority to promulgate such rules, regulations, terms and conditionsgoverning the conduct of its business as shall be reasonably necessary to enable the grantee toexercise its rights and perform its obligations under a franchise agreement and to assureuninterrupted service to each and all of its customers; provided, however, such rules,regulations, terms or conditions shall not be in conflict with a franchise agreement grantedpursuant to this chapter or applicable law.

§ A381-35. Compliance with state and federal laws.

Notwithstanding any other provisions of this chapter to the contrary, a grantee shall at alltimes comply with all laws and regulations of the local, state and federal government or anyadministrative agencies thereof; provided, however, if any such state or federal law orregulation shall require the grantee to perform any service, permit the grantee to perform anyservice or prohibit the grantee from performing any service, in conflict with the terms of thischapter or of any law or regulation of the County, then as soon as possible followingknowledge thereof, the grantee shall notify the County of the point of conflict believed toexist between such regulation or law and the laws or regulations of the County or this chapter.

§ A381-36. Rate regulation.

The County reserves the right to regulate rates for basic cable service and any other servicesoffered over a cable system, to the extent permitted by applicable law. A grantee shall besubject to the rate regulation provisions provided for herein, and those of the FCC.

§ A381-37. Subsequent regulatory authority.

To the extent any applicable law may in the future (i) permit the County to regulate any fee,charge or deposit, or any term or condition with respect thereto; (ii) permit the County toincrease the franchise fee or the rate thereof; or (iii) permit the County to assess the franchisefee against items of categories of items; or (iv) expand the authority of the County in anyother way or manner, the County shall not be estopped or prohibited from so doing by anyprovision of a franchise agreement, by virtue of having granted a franchise to a grantee or bythe existence thereof.

ARTICLE VViolation, Termination and Revocation of Franchise

§ A381-38. Forfeiture and termination.

A. In addition to all other rights and powers retained by the County under applicable law,the County reserves the right to forfeit and terminate a franchise and all rights andprivileges of a grantee thereunder in the event of a substantial breach of the terms andconditions of this chapter or a franchise agreement. A substantial breach by a granteeshall include, but not be limited to, the following:

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(1) A violation of any material provision of a franchise agreement or this chapter orany material rule, order, regulation or determination of the County made pursuantto a franchise agreement or this chapter.

(2) An attempt to evade any material provision of a franchise agreement or perpetuateany fraud or deceit upon the County or a grantee's subscribers or customers;

(3) Material failure to begin or complete cable system construction or extension asspecified in a franchise agreement;

(4) Material failure to provide the services promised in a grantee's application, if any,as provided in a franchise agreement;

(5) Failure to restore service after 96 consecutive hours of an outage or serviceinterruption, except when approval of such outage or service interruption isobtained from the County; or

(6) Material and intentional misrepresentation of fact in the application for a franchiseor in the negotiation of a franchise agreement.

B. The foregoing shall not constitute a substantial breach if the violation occurs but resultsdirectly or indirectly from circumstances beyond a grantee's control; provided, however,that a grantee shall not be excused by mere economic hardship or by misfeasance ormalfeasance of its directors, officers, employees or agents.

C. In the event of a substantial breach of a franchise agreement, the County shall make awritten demand that a grantee comply with any such provision, rule, order ordetermination under or pursuant to this chapter or a franchise agreement. If thesubstantial breach continues for a period of 30 days following such written demand,without written or other proof acceptable to the County that the corrective action hasbeen taken or is being actively and expeditiously pursued, then the County may place theissue of termination of a franchise before the Cecil County Council. The County shallcause to be served upon a grantee, at least 45 days prior to the date of such meeting, awritten notice of intent to invoke termination proceedings and the time and place of themeeting. Public notice shall be given of the meeting and the issue(s) which the CecilCounty Council shall consider.

D. The Cecil County Council shall hear and consider the issue(s) and shall hear any personinterested therein and shall determine in its discretion whether or not any violation by agrantee has occurred. During any such public hearing, the grantee shall be afforded dueprocess and a full opportunity to be heard. This shall include the ability to introduceevidence, to question witnesses and to respond to any notice of noncompliance inaccordance with the standards of a fair hearing applicable to administrative or publichearings pursuant to state and/or federal law.

E. If the Cecil County Council determines the violation by a grantee was the fault of thegrantee and within its control, the Cecil County Council may declare in a writtendecision that the franchise of the grantee be terminated unless there is compliance withinsuch period as the Cecil County Council may fix, to not be less than 60 days, providedno opportunity for compliance need be granted for fraud or misrepresentation. All notice

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requirements shall be met by providing the grantee with written notice (via certified mail,return receipt requested) of any public hearing concerning the proposed revocation of afranchise.

F. In addition to the penalties provided for herein, the County and a grantee may agree uponany other lawful remedies in a franchise agreement.

§ A381-39. Notice of violation; hearing.

A. In the event the County believes that a grantee has violated any provision of this chapteror a franchise agreement, provided that such violation does not constitute a substantialbreach pursuant to § A381-38 of this chapter, the County, by action of the Director ofAdministration or his designee, shall provide the grantee with written notice specifyingthe nature of the alleged violation and demanding correction within a reasonable time.

B. A grantee shall have 30 days from the receipt of the County's notice to:

(1) Respond to the County, contesting the assertion of the violation;

(2) Cure such violation; or

(3) In the event that, by nature of the violation, such violation cannot be cured withinthe thirty-day period, initiate reasonable steps to remedy such violation and notifythe County of the steps being taken and the projected date that they will becompleted.

C. In the event a grantee fails to respond to the County's notice, fails to correct a violationwithin the time prescribed and diligently remedy such violation thereafter or respondscontesting the alleged violation, the grantee shall then be given written notice of not lessthan 20 days prior to a public hearing to be held before the Cecil County Council. Saidnotice shall specify the violation(s) alleged. At the public hearing, the Cecil CountyCouncil shall hear and consider all relevant evidence, and thereafter render findings andits decision.

D. In the event the Cecil County Council finds that the grantee has corrected the violation,or has diligently commenced correction of such violation after notice thereof from theCounty and is diligently proceeding to fully remedy such violation, or that no materialviolation has occurred, the proceedings shall terminate and no penalty or other sanctionshall be imposed. In determining whether a violation is material, the Cecil CountyCouncil shall take into consideration the reliability of the evidence of the violation, thenature of the violation and the damage, if any, caused to the County thereby, whether theviolation was chronic, and any justifying or mitigating circumstances and such othermatters as it may deem appropriate.

E. If the Cecil County Council determines after the hearing prescribed that the grantee is inviolation and such violation is not timely cured, or in the event that the alleged violationis not remedied within the time frame prescribed, the violation shall be deemed a civilinfraction and a penalty of up to $250 per day for each day that a violation occurs maybe assessable by the County against a grantee, in addition to any amounts otherwise due,and may be chargeable to the grantee's surety bond, letter of credit, performance bond or

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security deposit, if any. In the alternative, the County may seek legal or equitable relieffrom any court of competent jurisdiction.

F. Unless otherwise provided in this chapter, a grantee shall pay any penalty assessed inaccordance with this chapter within 30 days after receipt of notice from the County ofsuch penalty.

G. Pending litigation or any appeal to any regulatory body or court having jurisdiction overa grantee shall not excuse the grantee from the performance of its obligations under thischapter or its franchise agreement unless a stay is obtained. Failure of the grantee toperform such obligations because of pending litigation or petition, in the absence of astay issued by a forum of competent jurisdiction, may result in forfeiture or revocationpursuant to the provisions of this chapter and/or its franchise agreement.

ARTICLE VIMiscellaneous

§ A381-40. Transfer of ownership or control.

A. Except as may be provided in a franchise agreement, a franchise or a franchised cablesystem shall not be assigned or transferred, either in whole or in part, or leased, sublet ormortgaged in any manner, nor shall title thereto, either legal or equitable, or any right,interest or property therein, or control over such franchise or cable system, pass to orvest in any person without the prior written consent of the County. A grantee may,however, transfer or assign a franchise to any affiliate or to a wholly owned subsidiary ofthe grantee (or its parent corporation) and such subsidiary may transfer or assign thefranchise back to the grantee without such consent, provided that such transfer orassignment is without any release of liability or responsibility of the grantee for anypurpose, including franchise renewal. The proposed assignee must, inter alia, showfinancial responsibility as determined by the County and must agree to comply with allprovisions of the franchise. The County shall have 120 days to act upon any request forapproval of such a sale or transfer submitted in writing that contains or is accompaniedby the information required by FCC regulations and the County. The County shall bedeemed to have consented to a proposed transfer or assignment if its refusal to consent isnot communicated in writing to a grantee within 120 days following receipt of writtennotice and aforementioned information, unless the requesting party and the County agreeto an extension of time.

B. A grantee shall promptly notify the County of any actual or proposed change in, ortransfer of, or acquisition by any other party of, control of the grantee. Every assignmentor transfer of a grantee as specified in this section shall make a franchise subject torevocation unless and until the County shall have consented thereto, which consent willnot be unreasonably withheld. For the purpose of determining whether it shall consent tosuch change, transfer or acquisition of control, the County may inquire into thequalifications of the prospective controlling party and such other legal, technical andfinancial matters as the County deems pertinent to its approval; and a grantee shall assistthe County in such inquiry.

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C. The consent or approval of the County to any transfer of a grantee shall not constitute awaiver or release of the rights of the County in and to the public rights-of-way, and anytransfer by its terms shall be expressly subordinate to the terms and conditions of thischapter and any franchise agreement.

D. In no event shall a transfer of ownership or control be approved without the successor ininterest becoming a signatory to an applicable franchise agreement.

§ A381-41. Landlord/Tenant.

A. Neither the owner of any multiple-unit residential dwelling nor his agent orrepresentative shall interfere with the right of any tenant or lawful resident thereof toreceive cable service, installation or maintenance from a grantee regulated by andlawfully operating under a valid and existing franchise issued by the County.

B. Neither the owner of any multiple-unit residential dwelling nor his agent orrepresentative shall ask, demand or receive any payment, service or gratuity in any formas a condition for permitting or cooperating with the installation of cable service to adwelling unit occupied by a tenant or resident requesting cable service.

C. Neither the owner of any multiple-unit residential dwelling nor his agent orrepresentative shall penalize, charge or surcharge a tenant or resident or forfeit orthreaten to forfeit any right of such tenant or resident, or discriminate in any way againstsuch tenant or resident who requests or receives cable service from a grantee operatingunder a valid and existing franchise issued by the County.

D. No person shall resell, without the express, written consent of the County, any cableservice, program or signal transmitted by a grantee under a franchise issued by theCounty.

E. Nothing in this chapter shall prohibit a person or the County from requiring that cablesystem facilities conform to laws and regulations and reasonable conditions necessary toprotect the safety, functioning, appearance and value of premises or the convenience andsafety of persons or property.

F. Except as provided by applicable law, nothing in this chapter shall prohibit a person fromrequesting a grantee to indemnify the owner, or his agents or representatives, fordamages or from liability for damages caused by the installation, operation, maintenanceor removal of cable system facilities.

§ A381-42. County's right of intervention.

A grantee shall not oppose intervention by the County in any suit or proceeding to which thegrantee is a party in connection with a franchise provided under this chapter.

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§ A381-43. Right of acquisition by County.

Federal regulations pursuant to the Cable Act shall apply to the right of acquisition by theCounty.

§ A381-44. Severability.

If any provision of this chapter is held by any court or by any state or federal agency ofcompetent jurisdiction to be invalid as conflicting with any federal or state law, rule orregulation now or hereinafter in effect, or is held by such court or agency to be modified inany way in order to conform to the requirements of any such law, rule or regulation, suchprovision shall be considered a separate, distinct and independent part of this chapter, andsuch holding shall not affect the validity and enforceability of all other provisions hereof.

§ A381-45. Effective date.

This chapter shall be in full force and effect immediately upon its final passage and adoption.All prior ordinances and parts of ordinances in conflict with this chapter are hereby repealed.

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Chapter A382

VEHICLES, COUNTY-OWNED § A382-1. Applicability of policy; failure § A382-3. Operator's regulations. to comply. § A382-4. Vehicle assignment and § A382-2. Operator's guidelines. operation.

[HISTORY: Adopted by the Board of County Commissioners (now County Council) ofCecil County 12-28-1982; amended in its entirety 12-10-1991. Subsequent amendmentsnoted where applicable.]

GENERAL REFERENCES

Vehicles, traffic and transportation — See Ch. 359. Personnel policies and procedures — See Ch. A384.

§ A382-1. Applicability of policy; failure to comply.

The policy enumerated hereafter applies to anyone who operates any vehicle owned, leasedand/or insured by Cecil County, Maryland. Failure to comply with any of these regulationscould result in loss of driving privileges, disciplinary action and/or termination.

§ A382-2. Operator's guidelines.

A. Anyone who operates a vehicle that is in service to the Cecil County government musthave his/her motor vehicle record approved by the Human Resources Department.Driving records are a condition of employment for those operating motor vehicles.

B. Department heads (including elected officials) may request approval for additionalexisting employees to be added by sending the following information, in writing, to theHuman Resources Department:

(1) Complete name (first, middle, last).

(2) Date of birth.

(3) Copy of Department of Motor Vehicles (DMV) driving record.

C. After receiving the above information, the Human Resources Office will conduct areview of the prospective driver's record.

(1) The following guidelines, developed using the Maryland Motor VehicleAdministration's status and point system, are used:

(a) Current license status. Only those persons possessing a valid license will beconsidered for positions within County government and be permitted to drivea County vehicle. Eligible, suspended or revoked license status is notacceptable for driving a County vehicle.

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(b) In addition to the criterion of license status, current point total will beconsidered.

Point System

Current PointStatus Total Human Resources Department Action

Valid 0, 1, 2, 3 Eligible to operate County motor vehicles

Valid 4, 5 Eligible to operate County motor vehicle;memorandum sent to departmenthead/elected official making him/heraware of the situation and asking him/herto review the same with employee

Valid 6+ Cannot drive County motor vehicle;memorandum to that effect sent todepartment head/elected official alongwith a copy of driving record. If notdriving a County vehicle limitsemployee's ability to perform duties/job,said employee will be terminated.

(2) Should a prospective or existing employee hold other than a Maryland driver'slicense, the guidelines above will be applied, but modified as necessary for theemployee's respective state.

(3) The Sheriff's Department and the Department of Emergency Services will conducttheir own check of motor vehicle records and will certify the driving records oftheir employees by sending a copy of the report supplied by the Motor VehicleAdministration to the Human Resources Department.1

D. County employees who operate motor vehicles are responsible for adhering to regulationsissued by their department, in conjunction with the Human Resources Department.

E. All driving records of employees who operate County-owned or -leased motor vehicleswill be reviewed by the Human Resources Department every two years or as requested.

F. The Human Resources Department will administer a driver's safety course for allemployees who operate County motor vehicles. The course must be completed every twoyears or as required.

G. Once an employee is determined eligible to operate a County motor vehicle, he/she willremain eligible as long as the following conditions are met:


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§ A382-2 VEHICLES, COUNTY-OWNED § A382-3

(1) The person remains employed by Cecil County.

(2) The employee holds a valid driver's license for the state in which he or she residesand provides documentation that his or her driving privileges in Maryland have notbeen revoked.

(3) No more than five points accumulate on the employee's driving record.

(4) The employee follows the Cecil County Motor Vehicle Operators Regulations.

H. In addition to the possible grounds for revocation of driving privileges enumeratedabove, any person may be determined ineligible to drive for cause, as determined by theDepartment of Human Resources in conjunction with the department head/electedofficial.

§ A382-3. Operator's regulations.

A. All operators are responsible for obeying the laws of the state/jurisdiction in which theyare driving. Any violations of such laws are the operator's responsibility.

B. No alcoholic beverages or illicit drugs are permitted to be used or carried within thevehicle at any time.

C. No hitchhikers or unauthorized personnel are to be permitted to ride in or operate anyvehicle at any time.

D. All employees are responsible for operating the vehicle in a safe and efficient manner.Any abuse of the vehicle will not be tolerated and may lead to suspension or termination.

E. Any accidents must be reported immediately to the following:

(1) The police agency having jurisdiction where the accident occurs.

(2) The department head and/or supervisor.

(3) The office of the Risk Manager/Insurance Manager.

(4) The Human Resources Department.

F. Mechanical problems must be reported as soon as possible to the departmenthead/supervisor, and the vehicle must be taken to the Roads Department for thenecessary corrections.

G. All litter must be removed from the vehicle, and the appearance of the vehiclesmaintained.

H. All factory-installed safety equipment shall be utilized in the manner intended wheninstalled.

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§ A382-4. Vehicle assignment and operation. 2

A. Applicability. This section shall apply to the use and operation of all County-owned or-leased vehicles that are primarily designed for the transportation of passengers and shallapply to pickup trucks or other trucks whose use or intended purpose is to transportpersonnel, as well as materials and supplies. This section shall apply only to thoseoperators of vehicles and vehicles titled in the name of the County, excluding lawenforcement operators and vehicles.

B. Identification and assignment to County personnel.

(1) All vehicles utilized or leased by agencies of the County shall be titled in or leasedby the County and may have the using agency also listed on the title or lease. Allvehicles owned or operated by the County shall have license tags issued by thestate that clearly designate the plate as being issued to a political subdivision andshall have a decal placed on each side that clearly identifies the vehicle as beingowned or operated by the County, except unidentified police vehicles.

(2) County vehicles shall be assigned to departments of the County government by theCounty Executive as approved in the annual budget. Except as otherwiseprohibited by law, vehicles may be reassigned between departments by the CountyExecutive or his designee when assigned vehicles are no longer required for theefficient, effective operation of the department to which the vehicle is assigned.

(3) No vehicle shall be operated by an individual whose record indicates a tendency ofbeing accident prone; or whose driving habits or general health condition is poor;or whose record indicates a lack of regard for County property; or who has notproperly used or maintained, in a careful manner, a previously assigned vehicle.

(4) When not in use, all vehicles shall be available for other employees requiringtransportation for official business. During normal business hours, mileageallowances for use of privately owned vehicles shall not be allowed if a Countyvehicle is available.

(5) No County vehicle may be operated by any person who is not an officer oremployee of the County.

C. Rules for operation.

(1) The operator of a County-owned vehicle shall be personally responsible for thevehicle assigned to or operated by him. Should damage result through misuse orgross negligence, the operator may be required to make restitution to the County.If the vehicle is damaged beyond repair, such restitution shall be in the amount ofthe then-current wholesale value of the vehicle as reported in the National AutoDealer Association's official guidebook. The employee, having made suchrestitution, will then be entitled to the damaged vehicle.

(2) The operator of a County-owned vehicle is charged with the responsibility to takeall reasonable precautions to ensure the safety of the vehicle and its contents from

2. Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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§ A382-4 VEHICLES, COUNTY-OWNED § A382-4

theft and vandalism. When leaving a County-owned vehicle, the operator is to lockthe vehicle and take the keys with him, except in those instances when parking in acommercial parking garage where the operator is required to leave the keys in thevehicle. When parked on County-owned or -operated lots, keys shall either beretained by the operator or turned in to the designated custodian.

(3) County-owned vehicles shall be used for official business only and, whenpermanently assigned to personnel required to respond to emergency calls on atwenty-four-hour basis, for travel directly to and from home and the designatedplace of work. Use by anyone of a County-owned vehicle for personal business,i.e., except as permitted herein, driving to and from work; transporting members ofthe family; children to and from school; shopping; or for pleasure is prohibited.

(4) County officers and employees may not accept the use, in the performance ofCounty business, of a motor vehicle which is not titled to the County, unless thevehicle's owner receives a reasonable compensation. If such vehicles are to beoperated by anyone other than a County officer or employee on official business,the additional insurance coverage and the cost thereof shall be paid by the usingdepartment through the Director of Finance's Office. A written request for sucharrangements for use of a vehicle not titled to the County to conduct officialbusiness shall be submitted to the County Executive.

(5) Willful disregard of these regulations will be considered just cause for disciplinaryaction under the County Personnel Law3 and civil service regulations.

(6) All drivers must have a driver's license which is valid in the state.

(7) All traffic and parking laws are to be obeyed. Posted speed limits are not to beexceeded, nor is the vehicle to be operated above safe driving speeds for roadconditions. All violation fines shall be the responsibility of the driver involved.

(8) All accidents are to be reported by vehicle operators to their agency headsimmediately, even though another vehicle is not involved or there are no apparentinjuries or damages. A written report must be forwarded to the Director ofAdministration immediately by the agency head.

(9) A daily travel log shall be maintained in each County-owned automobile, to beturned in to agency heads on a weekly basis. Logs must indicate all destinations,stops and miles commuted to and from residences and principal work locations bythe drivers, even if such vehicles are driven by different individuals. Agencies arerequired to have these logs available for audit purposes for a minimum of threeyears.

(10) County-owned vehicles are to be efficiently maintained. Vehicles assigned toagencies unable to provide scheduled maintenance are to be guided by oil changes,lubrications and maintenance recommendations of the manufacturer. All warrantiesare to be exercised.

3. Editor's Note: See Ch. A384, Personnel Policies and Procedures.

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(11) The use of County credit cards is restricted to County-owned automobiles, andunder no circumstances are such cards to be left in the custody of service stationattendants or other persons not employed by the County.

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Chapter A383

SNOW AND ICE REMOVAL

ARTICLE I ARTICLE IIProcedures Expenditures and Contracts

§ A383-1. Responsibility; policy. § A383-4. Competitive bidding not required.§ A383-2. Procedures. § A383-5. Uniform contracting§ A383-3. Completion of work. procedure.

§ A383-6. Declaration of emergency.

[HISTORY: Adopted by the Board of County Commissioners (now County Council) ofCecil County as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Roads — See Ch. 295.

ARTICLE IProcedures

[Adopted 12-17-19911 ]

§ A383-1. Responsibility; policy.

The Roads Division of the Cecil County Department of Public Works is responsible for snowand ice removal on the County road system. The Roads Division will endeavor to keep theCounty road system in as safe a traversable condition as possible. This operation will beconducted as economically as possible.

§ A383-2. Procedures.

In a snow or ice storm, the following procedures will be followed:

A. The Chief of the Roads Division shall be responsible to stay abreast of storm warningsand weather and roadway conditions and will determine the appropriate response.

B. The Chief of the Roads Division shall have the authority to call in Roads Divisionpersonnel and/or private contractors to assist in snow and ice control operations asneeded.


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§ A383-3. Completion of work.

The Chief of the Roads Division shall be responsible for determining when snow and iceremoval operations will cease.

ARTICLE IIExpenditures and Contracts

[Adopted 12-15-19922 ]

§ A383-4. Competitive bidding not required.

The expenditure of County funds for snow and ice removal is hereby declared to be anemergency expenditure under the provisions of Article 25, § 37A(b)(1)(ii), of the AnnotatedCode of Maryland, thereby excepting the expenditure from the competitive biddingrequirement.

§ A383-5. Uniform contracting procedure.

The Roads Division shall adopt a uniform procedure for contracting of snow and ice removalin Cecil County, pursuant to the terms outlined in the Snow Removal Requirements andProcedures, Snow Removal Contract Agreement, Notice to Contractors and Letter of Interest,all of which are incorporated by reference into this article.

§ A383-6. Declaration of emergency.

For purposes of this article, a snow or ice emergency will be in effect when the MarylandState Police have declared a snow emergency to be in effect for Cecil County or when theCecil County Department of Emergency Services makes an announcement to that effect.


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Chapter A384

PERSONNEL POLICIES AND PROCEDURES § A384-1. Adoption of Personnel Policies § A384-2. Change or repeal of and Procedures Manual. provisions; no express or

implied contract ofemployment.


§ A384-1. Adoption of Personnel Policies and Procedures Manual. 1

The Cecil County Council hereby adopt those provisions contained in the current revision ofthe Cecil County, Maryland, Personnel Policies and Procedures Manual as the personnelpolicies and procedures that shall apply to Cecil County employees, when relevant.

§ A384-2. Change or repeal of provisions; no express or implied contract ofemployment.

The Cecil County Council reserves the right to change or repeal any or all of the provisions ofsaid Cecil County, Maryland, Personnel Policies and Procedures Manual at any time. SaidManual shall not create any express or implied contract of employment between an employeeand Cecil County government or any other agency.


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Chapter A385

PURCHASE OF DEVELOPMENT RIGHTS PROGRAM ANDFUND

§ A385-1. Purpose. § A385-4. Procedure.

§ A385-2. Funding. § A385-5. Easement conditions; term.

§ A385-3. Standards. § A385-6. Landowner responsibilities.


§ A385-1. Purpose.

The purpose of this chapter is to establish a County Purchase of Development Rights Programand County Purchase of Development Rights Fund. It is the intent of this chapter to provideanother method to assist landowners wishing to retain their properties in agricultural use.

§ A385-2. Funding.

A. The Purchase of Development Rights Fund shall receive its funding from the County'srecordation tax and from optional payments made in lieu of open space required in theNorthern Agricultural Residential (NAR) and Southern Agricultural Residential (SAR)Zoning Districts and other sources of revenue streams as deemed appropriate.1

B. The payment made in lieu of open space shall be equal to the appraised value of theacreage that is required to be provided in the NAR and SAR fifteen-percent commonopen space standards.

§ A385-3. Standards.

Parcels eligible for the County Purchase of Development Rights Program shall meet thefollowing standards:

A. The parcel shall have a minimum size of 50 acres. Parcels less than 50 acres may beincluded at the discretion of the County if it is of exceptional value and contiguous to anexisting district or easement property.

B. At least 50% of the soils shall be USDA Class I, II or III soils.

C. If the property is wooded, at least 50% of the soils shall be Woodland Group 1 or 2 soils.

(1) If the reasons the property could not meet the above soil conditions was due tofloodplain or wetland soils, those areas could be excluded as a percentage of land;or


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(2) If there is an insufficient percentage of Class I, II or III soils or Woodland Group 1or 2 soils alone, the land would qualify if the combination of the two exceeded60%.

D. The properties shall be located outside of existing or planned water and sewer serviceareas as shown in the current master water and sewer plan.

§ A385-4. Procedure. 2

A landowner may submit an easement application, including asking price, to the Cecil CountyDepartment of Planning and Zoning or the Department of Parks and Recreation. Twoappraisals will be contracted by the County to determine the easement value of the property.All expenses for the appraisals will be paid by the applicant. The landowner may submit anappraisal as part of the easement application submittal. The application will be submitted tothe Natural Resources Conservation Service to verify the soil criteria are met. Based onavailable funding in the Purchase of Development Rights Fund, an offer will be made to thelandowner. The landowner will have 30 days to accept or deny the offer. If the offer isaccepted, a deed of easement shall be executed between the County and the landowner andrecorded in the land records of Cecil County. Payment shall be made in either a single lumpsum or annual installments up to a twenty-five-year period as determined by the Cecil CountyCouncil.

§ A385-5. Easement conditions; term.

A. Conditions.

(1) No development or subdivision of land shall be permitted for residential,commercial or industrial use except on acreage withheld prior to the sale of theeasement.

(2) Dumping of trash on the property is prohibited.

(3) No restrictions on selling the farm in the future.

(4) A soil and water conservation plan shall be implemented within five years ofeasement settlement.

(5) The property will be subject to periodic inspections to ensure continuedagricultural activities.

(6) Granting of access remains under the control of the property owner.

(7) One acre shall be deducted for each existing dwelling.

B. The easement shall be perpetual; however, a landowner may request to buy back theeasement at the then-current market value as determined by two appraisals after a period


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PURCHASE OF DEVELOPMENT RIGHTS PROGRAM AND § A385-5 FUND § A385-6

of 25 years if it is demonstrated to and determined by the County that the land is nolonger suitable for farming.

§ A385-6. Landowner responsibilities. 3

The landowner shall be responsible for providing a boundary survey and for the resolution ofany property boundary or title problems prior to settlement. The landowner shall also beresponsible for the implementation of the soil and water conservation plan. The landownershall obtain approval from the Department of Planning and Zoning or the Department of Parksand Recreation for all children's lots and dwellings on land withheld prior to easement sale.All subsequent owners shall be subject to deed of easement restrictions.


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DERIV TIONA

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Chapter DT

DERIVATION TABLE § DT-1. Derivation Table of 1989 Code to

2012 Code

In order to assist Code users in the transition to the new Code's organization, theDerivation Table indicates where chapters and articles of the 1989 Code have beenincluded in the 2012 Code, or the reason for exclusion.

§ DT-1. Derivation Table of 1989 Code to 2012 Code

NCM = Not Code material (legislation is not general or permanent in nature).REP = Repealed effective with adoption of Code; see Ch. 1, Art. I.NI = Not included in Code but saved from repeal.NLP = New legislation is pending.

Chapter/Title From 1989 Code Location in 2012 CodeCh. 1, General Provisions

Art. I, Legalizing Act for the Code of Public Local REPLaws

Art. II, Adoption of Code of Ordinances and OmittedResolutions

Art. III, Legislation Enacted During Codification Omitted

Division 1, Code of Public Local Laws

Part I, Administrative Legislation

Ch. 4, Administrator, County REP

Ch. 6, Airport Authority Ch. 10, Art. II

Ch. 10, Bar and Law Library Association Ch. 10, Art. I

Ch. 13, Color and Flag, Official Ch. 105, Art. II

Ch. 15, Commissioners

§ 15-1, Number REP

§ 15-2, Commissioner districts Ch. 21, § 21-1

§ 15-3, Responsibility for roads and bridges REP

§ 15-4, Salary and expenses REP

§ 15-4.1, Public meetings REP

§ 15-5, Authority of Clerk to administer oath or REPaffirmation

§ 15-6, Commissioners as Board of Health REP

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§ DT-1 CECIL COUNTY CODE § DT-1

Chapter/Title From 1989 Code Location in 2012 Code§ 15-7, Care and rehabilitation of mentally retarded REPchildren

§ 15-8, Summons to appear before Commission REP

§ 15-9, Pay of witnesses REP

§ 15-10, Limitation on expenditures REP

§ 15-11, Requiring land for forests and parks REP

§ 15-12, Monthly statement of claims; preparation; Ch. 21, § 21-2publication

§ 15-13, Emergency medical services collective Ch. 70, Art. IIbargaining

Ch. 23, Disaster Control Centers REP; see Ch. 34

Ch. 26, Economic Development Commission Ch. 16, Art. I

Ch. 28, Elections; Election Districts Ch. 30

Ch. 34, Finance and Taxation

§ 34-1, Annual levy on taxable property REP

§ 34-2, Levy upon property within towns REP

§ 34-3, Fiscal year REP

§ 34-4, Board of Estimates REP

§ 34-5, Budget: submission of estimates REP

§ 34-6, Budget preparatino; content REP

§ 34-7, Public hearing on budget REP

§ 34-8, Revision and final version of budget REP

§ 34-9, Deficiency in revenue; temporary borrowing REP

§ 34-10, Use of contingent fund REP

§ 34-11, Consideration of estimates REP

§ 34-12, Auditing books of County offices REP

§ 34-13, Collection of taxes Ch. 45

§ 34-14, Taxes to be deducted from claims paid Ch. 45

§ 34-15, Penalty provisions REP

Ch. 37, Fire Companies, Volunteer Ch. 49

Ch. 44, Jail, County Ch. 60

Ch. 53, Open Public Meetings; Public Information

Art. I, General Provisions Ch. 66

Art. II, Regulations Governing Conduct REP

Ch. 55, Ordinances and Resolutions

§ 55-1, Custodian; minutes; indexing admissible as Ch. 74evidence

§ 55-2, Effective dates of legislation REP

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§ DT-1 DERIVATION TABLE § DT-1

Chapter/Title From 1989 Code Location in 2012 CodeCh. 57, Parks and Recreation, Board of

§§ 57-1 through 57-12 Ch. 16, Art. II

§ 57-13, Park Land Regulations Ch. 261

Ch. 60, Public Works, Department of Ch. 87

Ch. 67, Sanitary District Ch. 97

Ch. 70, Schools Ch. 101

Ch. 75, Taxing Districts, Special

Art. I, Crystal Beach Manor Ch. 110, Art. I

Art. II, Octoraro Lakes Ch. 110, Art. II

Art. III, Road Construction Districts Ch. 110, Art. III

Art. IV, Winding Brook Ch. 110, Art. IV

Ch. 78, Treasurer REP

Ch. 82, Union Hospital Contributions Ch. 115

Ch. 84, Women, Commission for Ch. 16, Art. III

Part II, General LegislationCh. 86, Amusement Vending Services Ch. 136

Ch. 89, Auctioneers Ch. 148

Ch. 95, Deed Transfer Fee Ch. 202

Ch. 99 (Reserved) Omitted

Ch. 104, Foxes Ch. 209

Ch. 110, Housing Standards Ch. 225

Ch. 125, Peddlers Omitted

Ch. 138, Roads, County Ch. 295, Art. I

Ch. 147, Taxicabs Ch. 342

Ch. 156, Vehicles, Junked or Abandoned Ch. 353

Division 2, Code of Ordinances and Resolutions

Part III, Administrative LegislationCh. 160, County Commissioners' Policies and Procedures REP

Ch. 162, Emergency Management; Civil Defense REP; see Ch. 34

Ch. 166, Ethics Ch. 39

Ch. 173, Health Officer Ch. 70, Art. I

Ch. 175, Investment Policy Ch. 56

Ch. 178, Police Mutual Aid Ch. 81

Ch. 183, Purchasing Ch. 92

Ch. 188, Seal, County Ch. 105, Art. I

Part IV, General LegislationCh. 195, Alcoholic Beverages Ch. 130, Art. I

Ch. 200, Building Construction Ch. 157

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§ DT-1 CECIL COUNTY CODE § DT-1

Chapter/Title From 1989 Code Location in 2012 CodeCh. 204, Cemeteries Ch. 165

Ch. 206, Curfew Ch. 180

Ch. 209, Dogs and Other Animals Ch. 142

Ch. 211, Electrical Standards, Administration and Ch. 191Inspection

Ch. 213, Energy Conservation Ch. 195

Ch. 221, HVAC Standards Ch. 229

Ch. 224, Junkyards REP

Ch. 228, Solid Waste Disposal Ch. 318

Ch. 230, Manufactured Home Parks Ch. 244

Ch. 233, Peddlers Ch. 265

Ch. 235, Plumbing Ch. 270

Ch. 238, Prisoners

Art. I, Medical Bills Ch. 60, Art. II

Ch. 239, Refuse Haulers, Commercial Ch. 285

Ch. 240, Rental Housing Maintenance and Occupancy Ch. 240

Ch. 242, Road Standard Specifications Ch. 295, Art. II

Ch. 245, Septage Hauling and Discharge Ch. 301

Ch. 248, Soil Erosion and Sediment Control Ch. 312

Ch. 251, Stormwater Management Ch. 325

Ch. 253, Illicit Discharge and Connection to Storm Ch. 322Drainage Systems

Ch. 255, Subdivision Regulations Ch. 331

Ch. 258, Taxation

Art. I, Admissions and Amusement Tax Ch. 337, Art. I

Art. II, Agricultural Land Tax Credit Ch. 337, Art. II

Art. III, Historic Property Tax Credit Ch. 337, Art. III

Art. IV, Brownfield Property Tax Credit Ch. 337, Art. IV

Art. V, Tax Credit for Surviving Spouses of Law Ch. 337, Art. VEnforcement Officers

Art. VI, Deferral of Property Taxes for Senior Citizens Ch. 337, Art. VIand Disabled

Ch. 262, Vehicles, Traffic and Transportation Ch. 359

Ch. 265, Water and Sewers

Part 1, Policy Ch. 365, Part 1

Part 2, Sewer Use Ch. 365, Part 2

Part 3, Water and Sewer Standards Ch. 365, Part 3

Ch. 270, Zoning Omitted

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§ DT-1 DERIVATION TABLE § DT-1

Chapter/Title From 1989 Code Location in 2012 CodeAppendix

Ch. A275, Cable Television Franchise Ch. A381

Ch. A276, Fees Ch. A380

Ch. A277, Personnel Policies and Procedures Ch. A384

Ch. A278, Vehicles, County-Owned Ch. A382

Ch. A280, Snow and Ice Removal

Art. I, Procedures Ch. A383, Art. I

Art. II, Expenditures and Contract Ch. A383, Art. II

Ch. A281, Purchase of Development Rights Ch. A385

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DISPOSITION

LIST

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09 - 01 - 2012DL:1

Chapter DL

DISPOSITION LIST § DL-1. Disposition of legislation.

The following is a chronological listing of legislation of Cecil County adopted since the2012 publication of the Code, indicating its inclusion in the Code or the reason for itsexclusion. [Enabling legislation which is not general and permanent in nature isconsidered to be non-Code material (NCM).] The last legislation reviewed for the 2012publication was Ord. No. 2012-08, adopted 9-4-2012.

§ DL-1. Disposition of legislation.

OrdinanceNo.

AdoptionDate Subject Disposition

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INDEX

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