In this subtitle, the following terms have the meanings indicated.
“Neighborhood nuisance” means any privately owned premises on or in which an owner, operator, tenant, or occupant of or the holder of any possessory interest in those premises:acts in a disorderly manner that disturbs the public peace; or
creates or maintains conditions that let others act in a disorderly manner that disturbs the public peace.
“Alcoholic beverage” has the meaning stated in State Code <cite data-path="|2">Article 2</cite>B, § 1-102.
“Alcoholic beverage” includes any mixture of an alcoholic beverage with a non-alcoholic beverage.
“Family event” means a party or gathering where each underage person present is directly supervised by an adult family member who is 21 years old or over.
“Occupant” means any person occupying a premises, whether or not a party to a lease.
“Operator” means any person who has charge, care, or control of all or any part of a premises.
“Owner” means:the person in whose name a premises is recorded in the Land Records of Baltimore City; and
any other person with a legal or equitable interest in a premises.
“Owner” includes a person who has an interest as a receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind.
“Owner” does not include the holder of a tax sale certificate until a judgment foreclosing all rights of redemption has been entered.
“Person responsible”, when used with reference to any premises, means the owner, operator, tenant, or occupant of or the holder of any possessory interest in those premises, whether alone or jointly with any other person.
“Premises” means all or any part of any land, building, or other structure.
“Tenant” means any tenant or lessee, whether under a written or oral lease.
“Underage person” means any individual who is under the age of 21.
“Unruly social event” means a party or gathering of 2 or more individuals on or in any privately owned premises at which:alcoholic beverages are consumed by, furnished to, or possessed by any underage person in violation of law; or
the conduct creates a disturbance of the peaceful enjoyment by others of private or public property, including:noise in excess of the levels set by City Code Health Article, Title 9 {“Noise Regulation”}, or other law;
obstruction of public rights-of-way by unruly crowds;
public drunkenness;
assaults, batteries, or other disorderly conduct that disturbs the public peace;
vandalism of public or private property;
littering; or
any other conduct that constitutes a threat to the public health, safety, or general welfare.
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The activities described in <cite data-path="|19|§43B-1|(o)|(1)">§ 43B-1(o)(1) of this subtitle</cite> <em>{underage consumption, possession, etc., of alcoholic beverages} </em>do not apply to:
legally-protected religious activities; or
family events.
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Every person responsible for any premises is required to maintain, manage, and supervise the premises and all persons on or in the premises in a manner so as not to violate the provisions of this subtitle.
A person responsible for any premises remains liable for a neighborhood nuisance or an unruly social event even if that person was not present during the nuisance activity or the social event.
An owner or operator of the premises remains liable for violating this subtitle regardless of any contract or agreement with any third party regarding the premises.
In this subsection, the following terms have the meanings indicated.
“Juvenile” means any individual who is under the age of 18.
“Parent” means any natural parent, adoptive parent, step-parent, or foster parent.
If the person responsible for the premises on or in which a neighborhood nuisance or an unruly social event occurs is a juvenile, then the juvenile and the parents or legal guardians of the juvenile are jointly and severally liable for the civil penalties imposed by this subtitle.
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No person responsible for any premises may conduct, cause, permit, aid, or condone a neighborhood nuisance or any unruly social event on or in those premises.
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In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation, as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.
The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
A civil citation may be issued under this subtitle without proof that the cited owner, operator, tenant, occupant, or holder of a possessory interest knew of or participated in the neighborhood nuisance or unruly social event.
For a civil citation issued under this subtitle to the owner or operator of leased property, it is a defense to any fine imposed on the owner or operator that:the owner or operator neither authorized, knew in advance of, nor participated in the neighborhood nuisance or unruly social event; and
the owner or operator provides proof:that the owner or operator has regained possession of the leased property; or
that the owner or operator has filed court proceedings under <cite data-doc="Md. Code" data-path="grp|8-402">State Real Property Article § 8-402</cite>.1 {“Breach of lease”} and City Public Local Laws § 9-14, as applicable, to regain possession of the leased property and that:the court has entered a judgment in favor of the owner or operator; or
those court proceedings are still pending at the time the citation is being adjudicated, in which case the court adjudicating the citation may postpone its proceedings until the conclusion of the court proceedings to regain possession.
For purposes of court proceedings filed under paragraph (2)(ii)(B) of this subsection, it is the intent of the Mayor and City Council that a violation of this subtitle shall be construed as demonstrating a clear and imminent danger that the persons responsible or others involved will do serious harm to themselves or others, within the scope and meaning of <cite data-doc="Md. Code" data-path="grp|8-402">State Real Property Article § 8-402</cite>.1(a)(1)(i)2.B.
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