Title to all County property, both real and personal, transferred
to Worcester County, the County Commissioners or any agency department
or branch thereof by way of purchase, grant, gift, dedication or anyway
whatsoever shall be titled to the County Commissioners of Worcester
County unless otherwise specifically provided in individual cases
by a resolution of the County Commissioners.
Management authority and responsibility for all County property
and buildings is vested in and charged to the County Commissioners,
and all decisions with regard to the use of the same and contracts
with regard thereto, be they for acquisition, improvement or in any
way connected therewith, shall be by resolution of the County Commissioners
or as may be provided by law or regulation. The County Commissioners
may, at their option, by resolution or as provided by appropriate
law and regulation, delegate the authority and responsibility as prescribed
by this section by franchise, lease or other appropriate executive
or legislative act.
(a)
Generally. Unless otherwise provided by law,
whenever the County Commissioners propose to dispose of any County-owned
property or any rights incidental thereto by reason of the fact that
such property is no longer required for County use, they shall first
advertise the same at least once a week for three successive weeks
in one or more newspapers of general circulation in said County inviting
competitive bids to be made upon such terms and conditions as the
County Commissioners may deem appropriate, including, without limitation,
the right to accept or reject any and all bids as they see fit with
regard to the disposal of such property and giving an opportunity
for objections to any such disposal.
(b)
For other public use. When any County-owned
property is no longer needed for use by the County Commissioners and
the County Commissioners propose to dispose of the same by lease,
grant or otherwise for a public purpose, as such public purpose may
be from time to time determined by a five-sevenths majority vote of
the County Commissioners, the Commissioners shall, prior to adopting
a resolution for the disposal of such property, advertise the proposed
disposal once a week for three successive weeks in one or more newspapers
of general circulation in said County stating the terms of such disposal
and the compensation to be received therefor and giving opportunity
for objections thereto.
[Amended 8-20-2002 by Bill No. 02-11]
(c)
Where bidding impractical. The County Commissioners
may, by a five-sevenths majority vote, determine that it may be impractical
to dispose of County-owned property or rights incidental thereto for
nonpublic purposes by competitive bidding. In such cases, the County
Commissioners shall, prior to adopting a resolution for the disposal
of such property, advertise the proposed disposal once a week for
three successive weeks in one or more newspapers of general circulation
in said County stating the terms of such disposal and the compensation
to be received therefor and giving opportunity for objections thereto.
[Amended 8-20-2002 by Bill No. 02-11]
(d)
Exceptions. The provisions of this section
shall not apply to the closing of public roads within the County or
easements for public utilities or to property titled to other bodies
corporate or politic of the County.
(a)
Prohibited acts.
(1)
It is prohibited to camp on, tent on, sleep on or inhabit any
roadside of any County road or along any County roadside, within the
right-of-way of the road or in any County recreational park or in,
on or adjacent to any County landing or any other County-owned property
unless specifically authorized by law or resolution of the County
Commissioners.
(2)
It is prohibited to dock, moor, tie-up or anchor any boat, vessel
or watercraft at any County-owned boat landing or boat ramp, except
for loading and unloading purposes and except in cases of bona fide
emergencies on a temporary basis, unless specifically authorized by
law or resolution of the County Commissioners. "Temporary," for the
purposes hereof, shall mean not to exceed forty-eight hours.
(3)
It is prohibited to enter upon or into any County-owned land
or facility at any time when the land or facility is closed to the
general public unless specifically authorized by the County Commissioners.
(b)
Interference with County recreational activities. It is prohibited for any person to interfere with, disrupt or disturb
any recreational activity duly authorized by the Worcester County
Recreation Board for the County Commissioners, whether such interference,
disruption or disturbance is caused by the action of the individual,
inaction of the individual or by words, gestures or other means.
(c)
Rules and regulations regarding County-owned property. The County Commissioners may, by resolution, adopt additional rules,
regulations, hours of operation, limitation of uses or other standards
with regard to the use of County-owned property. Such rules or regulations
may not contravene the purposes of this section but shall be in addition
to the requirements of this section.
(d)
Violations. Any person who violates the provisions
of this Subtitle or any rules or regulations adopted by the County
Commissioners pursuant hereto shall be guilty of a civil infraction.
[Amended 11-10-1987 by Bill No. 87-5]
(a)
BOAT
COMMERCIAL FISHING
COMMERCIAL SECTION
COUNTY BOAT RAMP
WEST OCEAN CITY HARBOR
Definitions. The following words, when used
in this section, shall have the meanings ascribed to them in this
subsection, unless otherwise specifically defined in other parts of
this section:
A vessel or craft for use on the water or for navigating
in or on the water.
Fishing, fin-fishing, oystering, clamming, crabbing, shell-fishing
and lobstering for financial profit and for trade or resale and not
including sport or recreational fishing, etc.
That portion of the West Ocean City Harbor wherein the County
Commissioners have installed moorings, piles and piers and shall constitute
an area as from time to time determined by the County Commissioners
by resolution.
That portion of the West Ocean City Harbor wherein the County
Commissioners have installed a boat ramp and shall constitute an area
as from time to time determined by the County Commissioners by resolution.
All that parcel of land, together with all appurtenances
and advantages thereto, located on the southerly side of North Harbor
Road in the tenth election district of Worcester County, Maryland,
and fronting approximately one thousand feet on the northerly side
of the Ocean City Harbor and binding upon the southerly side of said
North Harbor Road a distance of nine hundred seventy-three and four-hundredths
feet, more or less, and owned by the County Commissioners of Worcester
County, Maryland.
(b)
Division into sections. The County Commissioners
hereby establish commercial and recreational sections in the West
Ocean City Harbor, described as follows:
(1)
Recreational section: the county boat ramp as described in Subsection
(a) above.
(2)
Commercial section: the commercial section as described in Subsection
(a) above.
(3)
Parking area: the entire area of the West Ocean City Harbor
located north of the bulkhead and east of the easterly line of the
county boat ramp extended in a northerly direction and shall be for
both recreational and commercial uses.
(c)
Limitation of uses.
(1)
Recreational section. The recreational section, as herein described,
shall be for the exclusive use of recreational boats as a boat ramp
pursuant to its design. It shall be open to members of the public
on a first-come-first-served basis. Except as hereinafter provided,
it shall be unlawful to dock any boat in said recreational section
other than for loading and unloading purposes and in case of an emergency.
The Commissioners may, by resolution, provide for other recreational,
educational and public service type uses, including the leasing of
space.
(2)
Commercial section. The commercial section is hereby established
as an area for the exclusive use of commercial fishermen holding licenses
pursuant to the terms hereof; provided, however, that the County Commissioners
may reserve portions thereof for other public purposes as may be from
time to time determined by the Commissioners.
(3)
Parking area. It shall be unlawful for anyone to camp, tent,
park overnight or inhabit the parking area of the county boat ramp.
(d)
Division of commercial section into dock spaces. The commercial section shall be divided into dock spaces as may
be from time to time determined by the Worcester County Commissioners
for the purpose of the issuing of exclusive licenses to commercial
fishermen for the use of the various dock spaces as they may be from
time to time so determined. The County Commissioners shall charge
a fee for the use of any dock space. Such fee shall be collected on
at least an annual basis and shall be payable in advance. All dock
spaces shall be leased pursuant to public bidding on a sealed-bid
basis. Licenses for the use of dock spaces shall be in writing and
signed by the parties thereto. Licenses shall be subject to cancellation
by the County Commissioners and shall contain such other provisions
and requirements as the Commissioners from time to time determine.
Licenses shall provide that any licensee thereunder shall indemnify
and hold harmless the County Commissioners from any and all damages
on account of the granting of such licenses. The use of a dock space
shall be in strict conformance with the terms of the license therefor
and no one, other than the licensee and those claiming under him with
such licensee's permission, shall use any licensed dock space
for any purpose.
(e)
Limitation on number of licenses. No license granted hereunder shall violate the provisions of Article 41 (Monopolies) of the Maryland Declaration of Rights, and the Commissioners shall make such investigations as they determine necessary to ensure that such provisions are complied with and make such determinations as they may see fit with regard to the real parties in interest to licenses, to the end that, to the extent possible, no one firm, person, corporation or organization shall hold more than one license nor shall be interested in more than one license. The County Commissioners shall be the final determining authority with regard to compliance with the provisions of this Subsection (e). The County Commissioners may deny the issuance of a license in the event of determination of a violation of this Subsection (e) or to any person who has been convicted of a violation of this section.
(f)
Disposition of license fees. Any license fees
collected hereunder shall be payable into the general fund of Worcester
County.
(g)
Violations. Any person who violates the provisions
of this section shall be guilty of a civil infraction.
[Amended 11-10-1987 by Bill No. 87-5]
(h)
Transitional provisions. Nothing enacted in
this section is intended to affect the provisions of any outstanding
leases for the West Ocean City Harbor issued pursuant to Ordinance
No. 35, the West Ocean City Harbor Management Ordinance previously
in effect.
[Added 9-13-1988 by Bill No. 88-10]
(a)
"County landings" defined. Used herein, the
term "county landing" shall mean any dock, harbor, wharf, pier or
ramp owned, maintained or operated by the County Commissioners of
Worcester County except the West Ocean City Harbor.
(b)
Limitation on use. All county landings shall
be used exclusively for the landing and retrieval of watercraft and
ancillary activities thereto as herein set forth.
(c)
"Ancillary activities" defined. "Ancillary
activities" mean:
(d)
Prohibited activities. The following activities
are prohibited at county landings:
(e)
Impoundment of property. Any personal property [except for motor vehicles as permitted by Subsection (c) hereof] left at any county boat landings shall be subject to impoundment by the County Commissioners or County Sheriff, who may charge a fee upon redemption in an amount sufficient to cover the cost of impoundment.
(f)
Special use permits. Any person wishing a
special use permit for an activity not permitted hereunder may apply,
in writing, to the County Commissioners, who may, in their sole discretion,
grant such permit.
(g)
Violations. Any person violating the provisions
hereof shall be guilty of a civil infraction. Each day of a violation
constitutes a separate offense.
