[HISTORY: Adopted by the County Commissioners of Caroline County 4-14-1987
as Bill No. 86-6. Amendments noted where applicable.]
A.
This chapter is authorized under the provisions of Article
25, 122A, of the Annotated Code of Maryland.
B.
This chapter shall apply to the unincorporated areas
in Caroline County, Maryland. Its provisions shall not apply within the corporate
limits of any incorporated town within the County unless and until the governing
body thereof shall indicate, by written resolution, its intention to be governed
by these provisions. Upon adoption of such a resolution by an incorporated
town, the County Commissioners may enter into an enforcement agreement with
the town. Enforcement responsibility shall not transfer from the town to the
County unless and until an enforcement agreement is fully executed.
In this chapter, unless otherwise clearly indicated by the context,
the following words and terms shall have the meanings indicated:
Caroline County, Maryland.
The County Commissioners of Caroline County, Maryland.
A salvage yard or portion of a salvage yard that was established
or is maintained in violation of state law or this chapter, except that a
nonconforming salvage yard is not an "illegal salvage yard."
A salvage yard that was lawfully established before October 1, 1968,
and which has been duly licensed and in operation continuously since then.
The keeping, maintenance or accumulation of equipment, products,
merchandise, vehicles, containers or other goods in usable condition or good
working order in an open, unenclosed area.
The person who has control over the maintenance and operation of
a salvage yard.
An individual, receiver, trustee, guardian, executor, administrator,
fiduciary or representative of any kind or any partnership, firm or association,
public or private corporation or other entity.
A state highway or County road.
Any old, scrap, dismantled, inoperable or dilapidated motor vehicles
and parts thereof; machinery; household furniture and appliances; boats; construction
equipment and materials; rubble; tanks; drums; tires; pipes; wire; wood; paper;
other organic waste material; metals; rags; glass; or any other kind of salvage
or waste materials.
Any land or structure used for the storage, keeping, collection,
recycling, recovery, sale, disassembling, wrecking, baling, maintenance or
abandonment of salvage, junk scrap or other discarded material, including
junkyards and automotive dismantling and recycling facilities.
Includes fencing, walls, trees and shrubbery that completely blocks
the public's view of a salvage yard from public roads and surrounding
properties.
Capable of being seen without visual aid by a person of normal eyesight.
It shall be illegal to store or keep items defined as salvage, junk
or scrap on any property except:
A.
An industrially zoned property where items defined as
salvage, junk or scrap are by-products of or are incidental to the business
operation on the premises and are stored and screened from public view.
B.
Where items defined as salvage, junk or scrap are incidentally
included as outside storage and not restricted by zoning regulations and are
screened from public view.
C.
In a licensed salvage yard.
Where specifically permitted by zoning, outside storage shall be permitted,
provided that:
A.
License required. On and after October 1, 1987, no person
shall establish, operate or maintain a salvage yard or expand the area of
an existing salvage yard without first making application for and obtaining
an annual license from the County Commissioners. This regulation is in addition
to the provisions of the Caroline County Zoning Ordinance.[1] The County Commissioners shall evaluate the applications and plans
and shall be the authority in determining compliance with this chapter.
B.
Fees and collection procedures.
[Amended 5-8-2007 by Bill No. 2007-2]
(1)
The Caroline County Commissioners shall establish a fee
and a collection procedure for licenses. The fee may be amended from time
to time by resolution of the County Commissioners.
(2)
All licenses issued under this chapter shall be effective
beginning October 1 and shall expire on the 30th day of September next following
the date of issue. Any license for a period of less than one year shall cost
the licensee the fee prescribed for one year.
(3)
Salvage yard licenses may not be assigned or transferred.
C.
Application.
(1)
Each applicant for a salvage yard license shall be required
to submit the following with the application for a license:
(a)
A plat of the property showing property lines and the
location of the salvage yard operation, buildings, barriers and other natural
and man-made features of the property. The scale of the plat shall be one
inch equals 50 feet, or larger.
(b)
A description of provisions to adequately restrict entry
from roads and adjoining property.
(2)
Applicants for license renewal may also be required to
provide a plan for correction of deficiencies that may exist.
A.
All salvage yards shall be effectively screened by plantings
or by an architectural screen that effectively blocks the view of the salvage
yard, during all 12 months of the year, from public and surrounding property.
B.
A planting screen shall consist of trees, shrubs or other
vegetation that, at the time of the planting, shall provide a four-foot screen
and that, within three years, shall be of a size and density to screen the
salvage yard from view from public roads and surrounding property. As of three
years after the effective date of this chapter, all licensed salvage yards
shall have screening of a size and density to screen view of the salvage yard
from public roads and surrounding property.
C.
An architectural screen may consist of an earth mound,
wall or fence. Earth mounds shall be graded and rounded to a reasonably natural
appearance to blend in with the existing landscape and shall be planted with
ground cover or other low-growing plant material, which shall be neatly maintained.
Screens shall be of sturdy construction and shall be generally uniform in
appearance. Screens shall be of such quiet color as will allow them to blend
with the environment.
D.
Planting and architectural screens shall not be located
within public rights-of-way nor located and installed in such a manner that
they will constitute a hazard for the traveling public, nor shall advertisement
signs be placed or affixed to the same.
E.
It shall be the licensee's responsibility to ensure
that all plantings and architectural screens are in good order and well-maintained.
Plantings shall be kept in live, healthy condition, and any plant not in live,
healthy condition shall be replaced. Replacement plants must meet the requirements
of this section.
F.
The County Commissioners may waive some or all provisions
of this section for nonconforming salvage yards. To obtain a waiver, the owner
or operator of a nonconforming salvage yard shall include in the plan for
correction of deficiencies that is submitted with the application for a license
a request for a waiver. Waiver requests must be received at least 90 days
before the effective date of the next license year. The request for waiver
shall include a statement of the specific provision to be waived and the reason
for the request. The Commissioners shall consider and act on the request in
a regular public meeting at least 60 days before the effective date of the
next license year, and, if approved, the waiver shall be included in the terms
of the license for a time period specified by the County Commissioners. No
new waivers may be granted after October 1, 1989.
A.
All salvage yards shall be maintained in a safe and sanitary
condition.
B.
The operator shall effectively control rats and vermin
and take the necessary steps to prevent harboring the same.
C.
The operator shall control weeds on the property and
shall not permit the grass or weeds to grow over 12 inches in height.
D.
The operator shall take all reasonable measures to control
dust.
E.
Vehicles and other types of salvage, junk or scrap shall
not be stored more than 15 feet high. Under no circumstances shall salvage,
junk or scrap be piled to a height greater than that of the fencing or screening,
nor shall any salvage, junk or scrap be visible from public roads or surrounding
property.
A.
The County Commissioners shall designate a County official
to be responsible for the enforcement of the provisions of this chapter. The
official's responsibilities shall include reviewing applications and
plans, issuing licenses, inspections and issuing citations for violations
of this chapter.
B.
The official appointed by the County Commissioners to
enforce this chapter may order service of a citation on a person believed
to be committing a violation under this chapter. Service shall be made by
the Caroline County Sheriff's Department or by certified mail, return
receipt requested. A copy of the citation shall be retained by the official
and shall bear a certification attesting to the truth of the matters set forth.
The citation shall contain:
(1)
The name and address of the person charged.
(2)
The nature of the violation.
(3)
The location and time of the violation.
(4)
The amount of the fine assessed.
(5)
The manner, location and time in which the fine shall
be paid, if not protested.
(6)
The alleged violator's right to stand trial for
the violation.
C.
A person who receives a citation may elect to stand trial
for the offense by filing with the official a notice of intention to stand
trial. The notice shall be given at least five days before the deadline for
fine payment as set forth in the citation. On receipt of the notice of intention
to stand trial, the official shall forward to the appropriate court having
jurisdiction a copy of the citation and the notice of intention to stand trial.
On receipt of the citation, the court shall schedule the case for trial and
notify the defendant of the trial date. All fines, penalties or forfeiture
collected by the court for violation of this chapter shall be remitted to
Caroline County.
D.
A violation of this chapter is a misdemeanor, subject,
upon conviction, to a fine of not less than $25. Each day on which a violation
continues is a separate offense.
