[HISTORY: Approved 1-16-1980, effective 1-16-1980. Amendments noted where applicable.]
It shall be unlawful for any person or persons to loiter, assemble
or use any public park and/or recreation area in the Town between
the hours of 9:00 p.m. and 8:00 a.m. local time, or as otherwise posted.
Exceptions to this section are permissible only by written permit
properly dated and approved by the Town Council.
It shall be unlawful for any person or persons to purposely
damage or deface by cutting, breaking, or otherwise damaging any tree,
shrub or planting along the sidewalks, the public rights-of-way or
other public areas within the Town.
[Added 11-3-2014 by Ord. No. 05-14]
A.
Requirements. It shall be unlawful for any person to knowingly and
intentionally appear in a state of nudity or in an indecent or lewd
dress or garment in public, or to make any indecent or unnecessary
exposure of his or her person in public view on public property, or
to appear in any public place, store or business within the Town of
Forest Heights wearing any of the following:
(1)
Short or long pants, a skirt or other garments more than three inches
below the top of the waistline (i.e., interpreted to mean at a level
below the crest of the ilium) exposing skin or undergarments, and
showing any portion of the person's pubic hair, cleft of the buttocks,
anus, vulva or genitals.
(2)
Blouse, shirt, bikini top, dress, leotard, or similar wearing apparel
consisting of transparent or semi-transparent (i.e., sheer, or see-through)
materials, such as nylon, fishnet, lace or other materials exposing
the whole or any portion of the areola of the human female breast.
B.
PUBLIC PLACE
PUBLIC PROPERTY
Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
An enclosed area to which the public is invited or in which
the public is permitted to conduct business, such as a gas station,
convenience store, restaurant, or other retail or service establishment,
whether privately or publically owned, that is not a business establishment
or similar venue licensed and permitted to sell or provide adult entertainment
as defined in Section 27-107.01 of the Prince George's County Code
or perform bona fide theatrical performances as stated hereinabove.
Any real property owned or leased by the Town and any public
park, street, alley or sidewalk located within the Town boundaries.
However, this section is not intended to apply to private property
and places (e.g., restrooms or places where women are permitted to
nurse infants), public property not owned or leased by the Town (except
public parks, streets and sidewalks), and bona fide theatrical performances
occurring in theaters or other property specifically intended and
permitted to be used for such performances.
C.
Warnings. Violation of this section shall be addressed by a Town
law enforcement officer or code enforcement officer, by advising the
offender of the requirements herein, requesting compliance by either
altering his or her dress, or immediately and peaceably, exiting the
public view on public property or a public place.
D.
Request not required. If the offender has been previously advised of the requirements of this section by a Town law enforcement officer or code enforcement officer and has been found to be intentionally or knowingly in violation at a later time or subsequent date, the provisions of Subsection C shall not apply as a prerequisite to action being taken under Subsection E herein.
E.
Consequences of failure to comply with request. If a request or warning as outlined in Subsection C of this section does not result in immediate, peaceful compliance, or the offender has been previously advised of the requirements of this ordinance section by a law enforcement officer or code enforcement officer such that he or she is in knowing or intentional violation of the requirements herein, a citation for violation of this section shall be issued. In addition to issuance of a citation, the offender shall be escorted or removed from the public property or public place unless the law enforcement officer has determined good cause to allow such offender to remain, conditioned upon full compliance with Subsection A herein.
F.
Penalty. Any person violating the provisions of this section shall
be guilty of a municipal infraction and shall, upon conviction, be
fined not more than $25 for the first offense. Repeat offenders may
be assessed a fine not to exceed $50 for each repeat offense. However,
before any person is cited for violating this section, by a law or
code enforcement officer, the person shall be given a verbal warning
of the violation and an opportunity to come into immediate compliance
with this section unless the person has been previously issued a warning
for the same or a prior dress incident. If the person comes into immediate
compliance, no civil citation shall be issued.
[1]
Editor's Note: Former Section 136.3, Penalty, was removed
at the direction of the Town pursuant to Em. Ord. No. 08-14, adopted
8-4-2014.
It shall be unlawful for any of the following to occur or to
take place on the premises of any restaurant, bar, tavern, club, cabaret,
or any other establishment wherein alcoholic beverages and/or intoxicating
liquors are offered for sale:
A.
With respect to attire and conduct:
(1)
Employment or use of any person in the sale or service of alcoholic
beverages in or upon the licensed premises while such person is unclothed
or in such attire, costume or clothing so as to expose to view any
portion of the female breast below the top of the areola or of any
portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
(2)
Employment or use of the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in Subsection A above.
(3)
Encouragement of or permitting any person on the licensed premises
to touch, caress or fondle the breasts, buttocks, anus or genitals
of any other person.
(4)
Permitting any employee or person to wear or use any device or covering
exposed to view, which stimulates the breast, genitals, anus, pubic
hair or any portion thereof.
B.
With respect to entertainment
provided:
(1)
Permitting any person to perform acts of or acts which stimulate:
(2)
Permitting any person to use artificial devices or inanimate objects
to depict, perform or stimulate any activity prohibited by subparagraph
(a) above.
(3)
Exhibiting or showing any motion picture film, still picture, electronic
reproduction or other visual reproduction depicting:
(I)
Acts or simulated acts of sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation or any sexual acts
which are prohibited by law.
(II)
Any person being touched, caressed, or fondled on the breast,
buttocks, anus or genitals.
(III)
Scenes wherein a person displays the vulva and anus or the genitals.
(IV)
Scenes wherein artificial devices or inanimate objects are employed
to depict or drawings are employed to portray, any of the prohibited
activities described above.
(4)
Permitting any person to remain in or upon the licensed premises
who exposes to public view any portion of his or her genitals or anus.
(5)
No provision of this section shall be deemed to permit any conduct
or form of attire prohibited by any other provision of statute, ordinance,
rule or regulation in the Town of Forest Heights.
C.
Any person violating the provisions of this section shall be guilty
of an infraction and shall, upon conviction, be fined not more than
$100 for the first offense. Repeat offenders may be assessed a fine
not to exceed $200 for each repeat offense.
A.
Any person who as actor, dancer, owner, manager, producer, director
or agent or in any other capacity, prepares, gives, directs, presents,
performs or participates in any obscene performance, exhibition, drama,
play, show, dancing exhibition, tableau, or entertainment in which
live persons perform or participate in an obscene manner in the presence
of any other person or persons who have paid a consideration of any
types whatsoever to observe the exhibition or performance; and
B.
Every owner, lessee, or manager of any theatre, garden, building, room, place or structure, who knowingly permits the same to be used for the purpose of any such exhibition as enumerated in Subsection A hereof, or who assents to its use for any such purpose shall be guilty of an infraction and shall be fined in the amount not to exceed $100 for the first offense. Repeat offenders may be assessed a fine not to exceed $200 for each repeat offense.
C.
For the purpose of this section, an obscene performance, exhibition,
drama, play, show, dancing exhibition, tableau or entertainment shall
be defined as one in which the dominant theme of the same, when taken
as a whole, appeals to prurient interest in sex of the audience, affronts
contemporary community standards relating to representation of sexual
matters and is utterly without redeeming social value.
It shall be unlawful and deemed hazardous conduct for any person
without proper state licensing and/or a medical prescription to possess,
consume, or distribute any drug or drug paraphernalia within the Town
of Forest Heights. Any person arrested within the Town of Forest Heights
for any drug related offense under this section deemed a misdemeanor
or felony by the State of Maryland shall be guilty of a hazardous
conduct municipal infraction and shall be fined $1,000. In the case
of a minor, said minor child's parent(s) or guardian(s) shall be directly
liable for satisfying the applicable fine.
[Added 9-21-2011 by Ord. No. 16-11]
A.
Except as
further amended by this section, the Prince George's County Juvenile
Curfew Ordinance adopted into law as County Bill 103-1995, as codified
in the Prince George's County Code, Section 14-101 et seq., and amended
from time to time is hereby adopted by reference herein as if it was
written word for word in this section.
[Added 11-30-2011 by Ord. No. 18-11]
A.
ADMINISTRATION
COMMERCIAL SIGN
PERSON
SIGN REMOVAL PROGRAM
STATE HIGHWAY or STATE RIGHT-OF-WAY
TOWN
WARNING PERIOD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The State Highway Administration.
A sign that references or directs the attention of the public
to a business, commodity, service, sale or sales event, or other commercial
activity. "Commercial sign" does not include election signs, temporary
signs pertaining to fundraising activities for nonprofit organizations,
or temporary yard sale signs. Signs may be freestanding or attached
to another object.
An individual, agent, or representative of any kind and any
partnership, firm, association, public or private corporation, or
other entity.
The program and policies for the implementation of this section
and shall be deemed initiated upon the effective date of this section.
A highway owned and maintained by the Administration whether
title is vested in fee simple, express or prescriptive easement, license
or any other interest in real property.
The Town of Forest Heights, a body corporate and a municipal
corporation formed under the laws of Maryland.
The initial three-month period immediately following the
effective date of this section.
B.
Purpose and authority.
(1)
According to Subsection 8-605(f) of the Transportation Article of
the Annotated Code of Maryland, except for a sign placed or maintained
by the Administration or with the authorization of said agency, a
person may not place or maintain a sign or direct, consent to, or
approve the placement or maintenance of a sign within the state highway
right-of-way.
(2)
Without resort to legal proceedings, a sign placed or maintained
in violation of said Subsection 8-605(f) may be removed and destroyed
by the Administration, a law enforcement officer, or properly designated
official of the government of the county or municipal corporation
in which the sign was located.
(3)
Although a Town police officer, the Town Code Enforcement Officer
or other duly authorized officials of the Town are authorized to remove
and destroy any unauthorized commercial or noncommercial sign located
within or on the state highway right-of-way, the civil penalty stated
in this section shall apply only to commercial signs.
C.
Unauthorized placement of signs; penalty for commercial signs.
(1)
A person shall not place or maintain a sign or direct, consent to,
or approve the placement or maintenance of a sign within the state
highway right-of-way located within the corporate limits of the Town.
(2)
After the initial warning period, any person who places or maintains
a commercial sign within the right-of-way of a state highway in violation
of this section or otherwise in violation of said Subsection 8-605(f)
is subject to a civil penalty not to exceed $25 per commercial sign,
which if not paid after being cited and assessed by a Town police
officer or other duly designated official, may be recovered in a civil
action in the District Court by the Town Attorney.
(3)
The Town shall retain any civil penalties it collects under this
section as authorized by said Subsection 8-605(f) and this section.
(4)
A person who places or maintains an unauthorized sign in the state
right-of-way shall have no right to reclaim or obtain custody of said
sign, which sign shall be disposed of or recycled by the Town.
D.
Presumption; evidence.
(1)
For the purposes of enforcing this section, the presence of a sign
within a state highway right-of-way shall be evidence that the sign
was placed or maintained at the direction of, or with the consent
and approval of, the person or person's agent or representative in
the state whose name, business, location or product representation
is displayed on the sign.
(2)
A Town police officer, the Town Code Enforcement Officer or other
duly authorized official shall take and maintain on file photograph(s)
of any unauthorized signs subject to enforcement pursuant to this
section for documentation prior to their removal and disposal.
E.
Warning period; enforcement basis; procedures; reports.
(1)
A Town police officer, the Town Code Enforcement Officer or other
duly designated official may enforce this section only by the issuance
of a warning letter during the first three months after initiating
the sign removal program.
(2)
A Town police officer, the Town Code Enforcement Officer or other
duly designated official shall enforce this section only on a viewpoint-
and content-neutral basis.
(3)
In lieu of issuing a citation form, a Town police officer, the Town
Code Enforcement Officer or other duly authorized official shall complete
and place on file with the Chief of Police or his designee an unauthorized
sign removal report including a photograph or photographs of said
sign displaying the written or other content of the sign and the placement
of the sign in relation to the boundaries of the right-of-way, and
the improved portion of the right-of-way, with the following information:
(a)
Company or person's name;
(b)
Location of sign(s);
(c)
Any phone numbers printed on the sign;
(d)
Date(s) sign was found, photographed and removed;
(e)
Number of signs of same company or person removed;
(f)
Name and signature of officer or official who removed the sign(s);
and
(g)
Any other relevant information pertaining to the case.
(4)
The Chief of Police or his designee shall forward said unauthorized
sign removal report to the Town Treasurer, or another official designated
by the Mayor, who shall generate a citation and assessment of penalty
letter with an invoice to be mailed to the commercial entity's or
person's address demanding payment of the penalty or penalties for
one or more commercial signs and further describing any applicable
late fees that may accrue.
(5)
Said citation and assessment of penalty letter shall state the statutory
and ordinance authority of the assessed penalty and shall include
a copy of the unauthorized sign removal report and photograph(s) referenced
herein.
(6)
In addition to the civil penalty stated herein, the Mayor may authorize
the Town Attorney to seek any other judicial relief permitted by law,
including but not limited to injunctive relief.
(7)
At least once annually from the effective date of this section, the
Chief of Police, in coordination with the Treasurer, shall report
to the Council the number of signs removed from the state right-of-way
and any civil fines or fees collected.
F.
Late fees. In addition to the civil penalty established by this section
as authorized by state law, the Town is further authorized to charge
or levy a late fee of $10 for any invoice issued for an illegal or
unauthorized commercial sign and not paid by the responsible party
within 30 days of the due date printed on the invoice as described
in this subsection. The Council shall have the authority to change
or modify any late fees levied pursuant to this section by written
resolution adopted from time to time.
[Added 8-4-2014 by Em. Ord. No. 08-14]
A.
Intent. Various nuisances, Ordinance Code violations and municipal
infractions are defined and prohibited in this and other articles
and sections of this Code, and it is the intent of the Town Council
in enacting this section to make it supplemental to those other sections
where nuisances are defined; by defining in this section certain Code
violations and municipal infractions as nuisances; and by granting
the Town and its officials with supplemental powers pursuant to the
provisions of this section relating to the abatement of nuisances
and procedures for the abatement of nuisances in those instances where
other methods and procedures for abatement are provided. This section
shall be administered and enforced by the Mayor, the Chief of Police,
designated Code Enforcement Officers and other staff or officials
designated by the Mayor and Town Council.
B.
Nuisances generally prohibited. It shall be unlawful for any person
to cause, harbor, commit or maintain or to suffer to be caused, harbored,
committed or maintained any public nuisance, as defined by the statutes
or the common law of this State or as defined in this section, by
this Article and Code or other ordinance of the Town of Forest Heights,
at any place or property within the Town.
C.
Enumerated nuisances not exclusive; other definitions applicable.
(1)
The nuisances described in this section shall not be construed as
exclusive, and any act of commission or omission and any condition
which constitutes a public nuisance by statute or common law of the
State, when committed, omitted or existing within the Town of Forest
Heights is hereby declared to constitute a nuisance.
(2)
Except when stated otherwise herein, whenever any words and phrases used in this section are not defined herein but are expressly defined elsewhere in this Ordinance Code (i.e., Section 1.3, 3.17 or 15.2) or the State laws regulating the operation of vehicles, any such definition therein shall be deemed to apply to such words and phrases used in this section.
[Amended 10-5-2015 by Ord. No. 07-15]
D.
Enumerated nuisances. The following acts or omissions when committed
or conditions when existing within the Town of Forest Heights are
hereby defined and declared to be or constitute public nuisances:
(1)
An act done or committed, aided or assisted to be done or committed
by any person thereby causing any substance, mechanism, instrumentality,
animal, being or thing to be kept, maintained, placed or found in
or upon any public or private place or property which is injurious
or dangerous to the public health or safety.
(2)
On residential property (i.e., a single lot or parcel whether leasehold,
or owned jointly, in common, by entireties, by sole tenant or any
other form of tenancy), or property occupied by a single-family dwelling
or duplex, the parking, storing, permitting or allowing to be parked
or stored or kept within full or partial view or observation from
the adjacent or any nearby public right-of-way or publically owned
property:
(a)
Except as stated in Subsection D(2)(b) of this Section, more than one motor vehicle as defined in Section 15.2 of this Ordinance Code having any registration plates other than valid annual registration plates (i.e., temporary plates, dealer plates, special registration plates for interchangeable registration or any other nonannual registration plates) issued by the State of Maryland, but not including any motorcycles, trailers or recreational vehicles, provided that it is an affirmative defense to this section for the total to exceed the limit of one such motor vehicle stated herein by the number of licensed drivers who lawfully reside at the residence, whose driver's licenses indicate said drivers' residence is the same as the subject residence, and who have properly identified and made known said vehicles to the Town by providing proof of State registration or certificate of title, proof of residency at the subject property, and further recorded same and any other reasonable information requested by the Town's Chief of Police or his designee, all motor vehicles parked on the subject property including those exceeding the limitation stated herein and under the control, care, custody, supervision, ownership or license of the subject property owner, occupant or tenant.
(b)
The following exceptions apply to this subsection:
(I)
A vehicle owned or leased by a new resident of this State during
the first 60 days of residency, provided that the vehicle displays
a valid registration issued by the jurisdiction of the resident's
former domicile;
(II)
Except for members elected from this State, a vehicle owned
or leased by any member of the United States Congress who resides
in this State during his term of office in the Congress, and who,
pursuant to State law, need not register his vehicles in this State
during that time;
(III)
As permitted by the Maryland Motor Vehicle Administration
pursuant to State law, a foreign vehicle owned or leased in this State
having been issued a complimentary guest card, permit, or license
to a person visiting this State from any foreign country; or recognizing
and permitting the use of guest cards, permits, or licenses granted
by other states;
(IV)
A vehicle owned or leased by a nonresident who is a member of
the Armed Forces of the United States or of the United States Public
Health Service and is serving on active duty in this State or an adjoining
state or the District of Columbia, in cases where the nonresident
need not register his personal passenger vehicles in this State if
the vehicles are registered in the state of his residence pursuant
to state law;
(V)
A vehicle owned or leased by a nonresident student if said nonresident
is a student enrolled in an accredited school, college, or university
of this State or of the District of Columbia or a bordering state
or is serving a medical internship in this State, and the nonresident
need not register his vehicles in this State as permitted by State
law; or
(VI)
A vehicle owned or leased by a nonresident who temporarily maintains
or occupies a dwelling in this State for a period in excess of 30
days but not in excess of one year, and the nonresident properly obtains
a nonresident's permit from the Maryland Motor Vehicle Administration,
in lieu of registration, within 10 days immediately following the
thirty-day period, pursuant to State law.
(3)
Unless otherwise exempted by the County Zoning Law or this Code,
using any building, structure, or land within the Town for any activity
or commercial enterprise without a properly issued use and occupancy
permit allowing the particular use, enterprise or activity and certifying
compliance pursuant to Section 27-253 of the County Code.
(4)
Any garbage, waste, refuse, litter, debris, or other offensive material
thrown, deposited, exposed, or caused to be disposed of in any street
or other public place within the Town, unless the disposal of such
items in such place is specifically authorized by law.
(5)
All trees, vegetation and limbs or other appendages thereof or to
realty kept or maintained or which are permitted by any person owning
or having control or occupancy of the premises thereof to be kept
or maintained in a condition unsafe, dangerous, unhealthy, injurious
or annoying to the public.
(6)
All abandoned or discarded iceboxes, refrigerators or freezer cabinets
which are uncrated and have a door or lock which cannot be released
for opening from the inside thereof and which are placed outside of
a building or dwelling in a place accessible to children.
(7)
Any other act or condition which is defined elsewhere in this Ordinance
Code to be a nuisance.
E.
Enforcement; liability; inspections; right of entry; notice; recourse
and other remedies.
(1)
Liability for infraction. Persons in possession, occupants, tenants,
and legal owners of real property creating or allowing any nuisance
described in this section shall be held legally responsible for their
creation, propagation or continuation and shall be required to comply
with all orders or citations issued under this section if duly notified
as required herein. If named or cited together in a municipal infraction
citation, the owners and any tenants named in a lease regarding the
subject property may be held jointly and severally liable for any
infractions or violations that may arise under this section, provided
that proper notice is given to said tenants and owners.
(2)
Inspections. It shall be the duty of the Mayor, Chief of Police,
Code Enforcement Officer, or other staff or official designated to
cause inspections to be made from time to time of all portions of
the Town of Forest Heights to determine whether any condition exists
or activity is being practiced which constitutes a nuisance; and he
or she shall cause an investigation to be made upon complaint made
by any responsible person.
(3)
Right of entry. The Mayor, Chief of Police, Code Enforcement Officer, or other staff or official designated shall have the right to enter upon private premises for the purposes specified in Subsection E(2) of this section upon compliance with all applicable provisions of law, including the issuance of any administrative warrant. Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and, in any case, it shall be unlawful for any owner or occupant to prevent such entry which is sought to be made in compliance with law.
(4)
Notice to cease and desist; notice to abate. If at any time the Mayor,
Chief of Police, Code Enforcement Officer, or other staff or official
designated shall find:
(a)
That an activity or practice which constitutes a nuisance is
occurring within the Town of Forest Heights, he or she shall promptly
and by the most expeditious means notify the violator, person in charge,
occupant or the property owner to cease and desist forthwith; or
(b)
Should a condition which constitutes a nuisance exist within
the Town, said designated staff or official shall give notice, in
writing, to the owner, occupant or person in charge of the premises
upon which such condition exists, stating therein the condition which
constitutes a nuisance and directing such addressee to remedy the
condition within the time stated in such notice, which shall be not
more than seven days; and it shall be unlawful for any such owner,
occupant or person in charge to fail to comply with the terms of such
notice. The notice to abate and notice to cease and desist may be
combined into one consolidated notice.
(5)
Recourse when notice is ignored. The Town may seek or prosecute any
appropriate citations and abatement orders from a court of competent
jurisdiction in prosecuting citations brought under this section and
in any other legal action may seek any appropriate court orders to
the extent permitted by law.
(6)
Other remedies. Nothing in this Article shall be construed to prohibit
any police officer from arresting any person for committing or maintaining
a nuisance as governed by State law when such arrest is made pursuant
to law. Nothing in this Article shall be construed to prohibit or
prevent the Town from pursuing or obtaining any other form of legal
relief or abatement available under the law, including but not limited
to injunctive or declaratory relief in a court of competent jurisdiction
in this State.
F.
Penalties; abatement.
(1)
Except as stated otherwise in this Article, violations of this Article
shall be considered a municipal infraction subject to the procedures
found in Article 23 of this Code and Title 6 of the Local Government
Article of Annotated Code of Maryland. Notwithstanding any other provision
of this Code to the contrary, violators of this Article shall be liable
for a fine of $250 for each offense.
(2)
In addition to any other fine, penalty, or remedy prescribed herein,
a violator shall be required to remove or restore, within three days
of the date of issuance of a citation, any condition, circumstances,
act or ommission constituting the basis of the violation. Upon expiration
of such three days, each additional day during which that person shall
not have so removed, abated or restored the same, shall constitute
a further and separate violation subject to such fine.
(3)
After obtaining a judgment and an abatement order from a court of
competent jurisdiction, the Town may correct or abate any such condition,
or discrepancy at the violator's expense and thereafter, as applicable,
certify any costs thereof to the County Finance Office to be collected
in the same manner as municipal taxes.
(4)
Whenever any violation of this Article causes a condition, the continued
existence of which constitutes an immediate threat to the public health,
safety or welfare or to the environment, the Town may summarily and
without prior notice abate the condition. Notice of such abatement,
including the reason for it shall be given to the person responsible
for the violation as soon as reasonably possible after the abatement.
No right of action shall lie against the Town or its agents, officers,
or employees for actions reasonably taken to prevent or cure any such
immediate threats, but neither shall the Town be entitled to recover
any costs incurred for summary abatement, unless actual notice of
same or a municipal infraction citation is duly delivered or served
upon the person responsible for the violation.
(5)
Any violation of this Article or nuisance that involves or includes in its subject matter a vehicle of any kind, and is further subject to an abatement order as described in Subsection F(3) of this section may be removed or abated by the Mayor or her designee by towing and impoundment in the same or similar manner as vehicles towed and impounded pursuant to Section 15.7 of this Ordinance Code.
[Added 8-4-2014 by Em. Ord. No. 08-14; amended 11-3-2014 by Ord. No.
05-14; 10-16-2019 by Ord. No. 05-19]
A.
Declaration
of public purpose. The Town Council hereby declares and finds that
pre-authorizing police and Code Enforcement Officers to enforce the
State trespass statutes, § 6-402 et seq., of the CL Art.,
of MD. Ann. Code, on private property owned by a commercial or nonprofit
entity, serves a valid public purpose. Specifically, the Town Council
finds that the General Assembly of Maryland has made it a misdemeanor
for a person to defy an order from the owner of private property,
or an authorized person, to leave the owner's property. Predesignating
police officers to issue warnings to leave on behalf of private property
owners will protect the public from crime in general and breaches
of the peace and other violations which might occur if property owners
are solely required to protect their property and occasionally expel
trespassers by force. Additionally, the protection of private property
is one of the primary missions of any police agency and in pursuit
of that mission the Police Department has proposed a program whereby
private property owners may pre-authorize police and code enforcement
officers to issue warnings to trespassers on their behalf in order
to safeguard their property.
B.
Pre-authorization
authority. Town police officers and code enforcement officers may
be pre-authorized in writing by a private owner of commercial or nonprofit
real property that is generally open to public access for business,
services or certain public accommodations within the Town to issue
orders to trespassers directing them to leave the owner's property.
When police officers and code enforcement officers have been pre-authorized
by a private property owner, they shall be considered authorized persons
for the purpose of invoking the provisions of Subtitle 4 of Title
6 of the Criminal Law Article of the Maryland Annotated Code.
C.
Written
pre-authorization. Pre-authorization shall be in writing on a form
approved for legal sufficiency by the Town Attorney.
D.
Refusal
to obey an order to leave the premises. It is unlawful for any person,
who enters on private property as described in this section without
being authorized, licensed or invited, to refuse to obey an order
to leave the premises given by a police officer or code enforcement
officer who is pre-authorized to issue such an order under the provisions
of this section. A violation of this section, in addition to being
a misdemeanor under Subtitle 4 of Title 6 of the Criminal Law Article
of the Maryland Annotated Code, as the case may be, may be enforced
as a municipal infraction punishable by a fine of $200 for the first
offense. Repeat offenders shall be assessed a fine of $500 for each
repeat offense.
[Added 10-16-2019 by Ord. No. 05-19]
Unless otherwise stated herein, any person violating the provisions
of this Article shall be guilty of an infraction and shall, upon conviction,
be fined not more than $100 for the first offense. Repeat offenders
may be assessed a fine not to exceed $200 for each repeat offense.
