[HISTORY: Adopted by the Mayor and Council of the Town of
Smithsburg 2-3-2004 as Ch. 11, Title 7, of the 2004 Code. Amendments noted where applicable.]
No person shall permit a barbed wire or an aboveground electric-charged,
high-tensile fence (hereinafter referred to as a "nonpermitted fence")
to be installed, operated or maintained within the corporate limits
of the Town. The term "electric-charged, high-tensile fence" does
not include the underground facilities commonly known as "pet fences."
The Town's police officers, Zoning Administrator, Code
Enforcement Officer, or other authorized representative may enter
on and inspect any private property to determine whether a nonpermitted
fence exists.
The Town may bring an action to enjoin any person from permitting
any nonpermitted fence subject to this chapter to be installed, operated
or maintained within the corporate limits of the Town.
A.
Investigation. The Town's police officers, Zoning Administrator,
Code Enforcement Officer, or other authorized representative (hereinafter
referred to as the "officer"):
B.
Abatement notice. If the officer finds that the fence exists, the
Town shall serve a written notice on the person who is installing,
operating or maintaining the nonpermitted fence, ordering the person
to abate the nonpermitted fence within a time specified in the notice.
C.
The abatement notice shall be served:
D.
Prohibition. A person may not refuse or neglect to comply with the
requirements of a notice served under this section.
E.
Failure to abate. The Town may file a complaint in the Circuit Court
if:
F.
A complaint filed under this chapter may seek a court order requiring
the person served with the notice to do any or all of the following:
A.
In general.
(1)
If, after investigation, the officer finds that the nonpermitted
fence exists, the real property on which the nonpermitted fence exists
is in a state of noncompliance with this chapter.
(2)
The Town may summarily abate any condition that is in a state of
noncompliance with this chapter under this section.
B.
Abatement order. Before summarily abating a nonpermitted fence under
this section, the Town shall:
(1)
Serve an abatement order on the owner of the property where the nonpermitted
fence exists or, if the owner cannot be found, on the occupant or
tenant of the property; or
(2)
If the property is unoccupied and the owner cannot be found, attach
an abatement order to the property where the nonpermitted fence exists.
C.
D.
Failure to abate.
E.
Cost of abatement. If, within 60 days after the Town has completed
an abatement under this section, the owner, occupant, or tenant does
not pay to the Town the cost of the abatement, the Town shall file
suit against the owner, occupant, or tenant in the district court
for the county where the nonpermitted fence was abated.
F.
Prohibited acts. A person may not:
(1)
Interfere with the Town, an officer, or a representative of the Town
summarily abating a nonpermitted fence under this section; or
(2)
Refuse to allow the Town, an officer or a representative of the Town
to enter on any property for the purpose of summarily abating a nonpermitted
fence under this section.
A person who refuses or neglects to comply with the requirements
of a notice served under this chapter is guilty of a misdemeanor and,
on conviction, is subject to a fine not exceeding $500.
In addition to any other penalty provided by law, a person is
guilty of a misdemeanor and, on conviction, is subject to a fine not
exceeding $1,000 or imprisonment not exceeding 30 days, or both, if
the person:
A.
Interferes with the Town, an officer or a representative of the Town
summarily abating a nonpermitted fence under this chapter; or
B.
Refuses to allow the Town, an officer or a representative of the
Town to enter on any property for the purpose of summarily abating
a nonpermitted fence under this chapter.